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Webmaster DMCA Complaints

DMCA Complaints - Webmasters

First Step - Send an Informal Email

Has you content been stolen by another webmaster?

One of the most effective ways to get content quickly removed from a website is to send an informal email straight to the webmaster asking them to remove the copyrighted content. This will work in the majority of cases.

DMCA Informal Webmaster Email

Subject: DMCA Copyright Complaint

Dear XXXX

Copyrighted content from our website consisting of text/design/pictures/graphics/video is appearing on the pages of your website. The infringing content is described below.

Copyrighted Work #1

Description: A block of approximately 900 words of text starting ''The Robin is a plump bird with bright orange-red breast, face, throat and cheeks edged with gray, a white belly and olive-brown upper parts'

Original URL: www.mywebsite.com/relevant-page01.html
Infringing URL: www.badwebsite.com/relevantpage.html

Copyrighted Work #2

Description: The pictures and associated text on the page are copyrighted

Original URL: www.mywebsite.com/relevant-page02.html
Infringing URL: www.badwebsite.com/relevantpage.html

I realise that you may be be unaware that the content is copyright protected. I kindly request that under the terms of the Digital Millennium Copyright Act (DMCA) that you remove this content ASAP.

I would appreciate a reply to my email within 24 hours.

Regards

Name and Details


Second Step - Send A Formal DMCA Request

In 9 out of 10 cases the above email will get the job done. The next step, for those webmasters who ignore this email is to send a formal DMCA request.

The DMCA procedures are a US led legal initiative and many copyright infringers may think that they are beyond the reach of the DMCA. However, the threat of having their website removed from the major search engines such as Google, which are all US based, is usually enough to ensure their compliance. The formal takedown notice should be prepared as a word document of pdf and sent as an email attachment.

Webmasters DMCA Removal - Sample Letter

Recipient

Webmaster/Owner
Company
Address

Phone: xxxx
Email: xxxx@xxxx.com
Fax: xxxx

Sender

Your Name
Company
Address

Phone: yyyy
Email: yyyy@yyyy.com
Fax: yyyy

Date:
Sent By: Email/Courier

To whom it may concern

Reference - http://www.verynaughtyman.com - Content Removal Request

The following information is presented for the purposes of removing web content from your website that infringes on our copyright as per  Section 512(c) of the Digital Millennium Copyright Act (”DMCA”). Our website is www.YourWebsiteURL.com and the infringed pages all carry a copyright notification in the footer.

Identification of Infringed Material

The copyrighted content listed below consists of pictures/text/code/graphics/video all taken from our web pages. We have kept on file printed copies of the pages listed below as well as other instances of copyright fraud that we found throughout your website.

The list below contains the most flagrant examples of copyright theft and is by no means a complete list of the alleged violations found on your website. The owner of the website is responsible for removing all instances of copyright breach.

As the website owner, you should realise that making a few simple changes to the headings, text and design will not be enough to mitigate DMCA proceedings. All copyright protected content must be removed.

Copyright Claim #1

Infringed Work
The work is a picture of a Robin Red Breast and the associated 450 words of text. The copied text starts at paragraph 3 and begins with the words:

'The Robin is a plump bird with bright orange-red breast, face, throat and cheeks edged with gray, a white belly and olive-brown upper parts'

Original URL
www.yourwebsite.com/relevantpage.html.

Infringing URL
www.verynaughtyman.com/relevantpage01.html

Copyright Claim #2

Repeat as above for each URL on your website that has been copied.

What Webmasters need to do now

  1. You should reply to this DMCA copyright notification within 24 hours
  2. You should remove the copyright material
  3. Send confirmation of the removal

Whois Details for http://www.verynaughtyman.com

Domain name: XXXX
Registrant: XXXX
Registrant type: XXXX
Registrant's address: XXXX
Registrar: GoDaddy.com, XXXX
URL: http://uk.godaddy.com
etc etc etc

Sworn Statements

Good Faith Belief: I have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law (e.g. it is not fair use).

Authority to Act: I represent that the information in the notification is accurate, and under penalty of perjury, that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

512(f) Acknowledgement: As applicable under 17 U.S.C 512(f), I acknowledge that I may be subject to liability for damages if I knowingly materially misrepresent that material or activity is infringing.

Conclusion

As the website owner, you should be aware that if you consider that the website is beyond the jurisdiction of the DMCA regulations, or if you ignore this request, then we will send DMCA Takedown Requests to Google, Yahoo and MSN. These search engines are US based and as such, will comply with any legitimate takedown request. They will disable access to the copyrighted content, taking down the geniture website if appropriate. This will have a very detrimental effect on the number of visitors to your website.

I look forward to hearing from

Signed

The Owner
www.mywebsite.com

 


TERMS & CONDITIONS OF USE: This example Webmaster DMCA letter is not meant to be a replacement for professional legal advice. WebsiteCop except no liability whatsoever for its use.

This Webmasters DMCA Takedown Request Letter is available for download as a word document.

Webmasters DMCA Letter

A Word of Caution

 
Don't forget, that when you make a DMCA request, you do so 'under penalty of perjury'. Committing 'perjury' is subject to criminal procedures, not civil law. If a lawsuit is involved, making bogus, false, deceptive, fraudulent and claims involving bad judgement, can result in criminal repercussions and expensive legal action

Before filing a DMCA request you should ask yourself - Has my content been stolen and is my copyright really being being infringed? Making a DMCA copyright claim can backfire if you are not standing on firm legal ground.

Why not let WebsiteCop handle your DMCA Takedown Requests

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