What is a DMCA Takedown Notice?
A DMCA notice refers to the communication sent out because a copyright owner believes someone else has infringed upon their content or another type of copyrighted material and they want it removed without the hassle of filing an infringement lawsuit. The copyright owner typically notifies the ISP provider that hosts the site of the discrepancy found on the aforementioned website was used without the express permission of the original owner.
We, at Scott & Scott, LLP can help you to take down websites hosting your content without your permission.
The Digital Millennium Copyright Act (DMCA) provides a fast and cost-effective mechanism to protect works in which you hold copyright interests, including pictures, text, and other literal expressions contained on your company’s website. That mechanism allows content owners to send notices of copyright infringement to the Internet service provider (ISP) hosting the copied content. An ISP’s failure to respond to such a notice opens it up to liability for contributory copyright infringement, so many ISPs will take quick action – often within 72 hours – to remove clearly infringing content that has been posted by their users.
However, sending a notice to an ISP under the DMCA is not without risk. The notice must be signed under penalty of perjury, and false or misleading claims can expose a claimant to liability. It is important to carefully follow the statutory requirements for a DMCA notice and to ensure that the content of that notice is supported by documentation of infringement.
If a competitor or other third party has stolen your website content, let the experienced attorneys at Scott & Scott, LLP review your matter and help you to take appropriate action. You can start the process by ordering a free DMCA takedown review using the simple form below. We will use the information to help you review your legal options under the DMCA and other intellectual property laws. In many cases, we can prepare and send a notice to an ISP under the DMCA for a competitive, fixed fee, which we will refund to you if the site is not removed or altered to eliminate the infringing content.
J. Michael Drake, Chairman | CEO, masterIT