The main cause of fake DMCA Takedowns is overworked DMCA Takedown processors (who are often network admin) and the DMCA Safe Harbor which states clearly to follow the takedown to avoid liability. Using a supporting a third party DMCA Takedown Processor like DMCA.com or a lawyer goes a long way to solving a growing number of false DMCA.com claims. Supporting third party DMCA Takedown companies means these overworked people can trust the takedown has already received some scrutiny and should have a higher degree of truth.
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Infringing content is taken down from many different websites and platforms. Here are some examples:
A DMCA Takedown is when content is removed from a website or internet platform at the request of the owner of the content. The DMCA Takedown is a well-established and accepted internet standard followed by website owners and internet service providers everywhere.
Any owner of content has the right to process a takedown notice against a website owner and/or an Online Service Provider (e.g., ISP, hosting company etc.) if the content owner's property is found online without their permission.
If you receive a DMCA Takedown notice the first step is to remove the listed infringed content. If you believe the DMCA Notice to be false you can respond with a DMCA Counter Notice. Once the service provider (ISP/OSP) has received a valid DMCA Counter Notice/Counterclaim they must wait 10-14 days before they re-activate or allow access to the claimed infringing content. Unless the copyright owner (complainant) files a order in court against the infringing site owner, the defendant (ISP / OSP subscriber) and demonstrates the order to the ISP/OSP.
If you need to process a Counter Notice or Counterclaim, we can help. Click here to submit the form.
Three main pieces of information are needed in each DMCA Takedown Notice, check that this information is provided to confirm the legitimacy of the claim:
Where on the internet or platform is the claimed stolen content located? What is the link that is asked for removal? Be sure the notices include the URL or website/webpage link of the content that is asked for removal.
An example link would look like: https://www.badguy_site.com/webpage/image_2
Where is it claimed the content stolen from? Was it on a social media profile, or was it from a website? The notice must show the exact URL where it was stolen from, even if the content has already been removed from its original location. The original URL is still valuable to the notice. If it is not currently available online it may reference cell phone, computer, or camera etc.
An example link would look like: https://share.icloud.com/photos/my_original_content
Who is claiming ownership of the content? Was it created, purchased, or copyrighted? What is the content owner's name and how was the content stolen? Who is authorized to file the DMCA Takedown? When was the content created and when was the content stolen?
An example description would sound like: "My photo I took of myself on my camera was stolen from my Google Drive and was posted on this website without my knowledge and I would like it removed."
If you are unsure how to collect the information for these three categories the Professional Takedown Team at DMCA.com can help with the answers. Click here to ask us about your situation.