DMCA Takedown Notice

Digital Millennium Copyright Act (DMCA) Takedown Notice

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

Digital Millennium Copyright Act Takedown Notice
Effective Date: [DATE]

From (Complaining Party):
• Name: [COPYRIGHT OWNER / AUTHORIZED AGENT]
• Title/Capacity: [CAPACITY]
• Postal Address: [ADDRESS]
• Phone: [PHONE]
• Email (preferred for DMCA correspondence): [EMAIL]

To (Designated Agent / Service Provider):
• Service Provider: [SERVICE PROVIDER LEGAL NAME]
• Designated Agent (if known): [AGENT NAME]
• Agent’s DMCA Email / Webform: [EMAIL/URL]
• Agent’s Postal Address: [ADDRESS]

Jurisdiction: United States Federal Law – 17 U.S.C. § 512 (“DMCA”)
Forum: Exclusive jurisdiction in the United States District Courts
Injunctive Relief Sought: Immediate removal or disabling of access to the Infringing Material (as defined below)

Recitals
A. The Complaining Party is the legal owner of, or is authorized to act on behalf of the legal owner of, certain copyrighted works (defined herein as “Copyrighted Works”).
B. The Complaining Party has discovered unauthorized material on or accessible through the Service Provider’s system or network that infringes one or more of the Copyrighted Works.
C. Pursuant to the DMCA, the Complaining Party seeks expeditious removal or disabling of access to the Infringing Material and provides this Notice in good faith.

2. DEFINITIONS

“Affected URL(s)” means the precise uniform resource locator(s) where the Infringing Material is located, each enumerated in Exhibit A.

“Copyrighted Works” means the copyrighted text, images, audio, audiovisual, software, or other works of authorship owned or controlled by the Complaining Party, a representative list of which is set forth in Exhibit B.

“Designated Agent” has the meaning set forth in 17 U.S.C. § 512(c)(2).

“DMCA” means the Digital Millennium Copyright Act, Pub. L. No. 105-304, codified at 17 U.S.C. § 512, as amended.

“Infringing Material” means any copy, display, public performance, distribution, or other exploitation of the Copyrighted Works that appears at or is accessed through any Affected URL without authorization from the Complaining Party.

“Notice” means this DMCA Takedown Notice, including all Exhibits and any supplemental materials delivered contemporaneously herewith.

“Service Provider” has the meaning set forth in 17 U.S.C. § 512(k).

3. OPERATIVE PROVISIONS

3.1 Identification of Copyrighted Works
A representative list of the Copyrighted Works is attached as Exhibit B, complying with 17 U.S.C. § 512(c)(3)(A)(ii).

3.2 Identification of Infringing Material and Its Location
Pursuant to 17 U.S.C. § 512(c)(3)(A)(iii), Exhibit A contains each Affected URL and a short description of the corresponding Infringing Material.

3.3 Good-Faith Request for Removal
The Complaining Party hereby demands that the Service Provider expeditiously remove or disable access to all Infringing Material identified in Exhibit A and implement all other actions necessary to prevent future access to or display of such material, including (without limitation) cache clearance and search index removal.

3.4 Time for Compliance
Absent confirmation of compliance within 72 hours of receipt of this Notice, the Complaining Party reserves all rights to pursue injunctive relief in federal court without further notice.

3.5 Preservation of Evidence
The Complaining Party requests that the Service Provider preserve all access logs, user account data, and other information relating to the posting, hosting, or transmission of the Infringing Material for a minimum of 90 days to facilitate potential litigation.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority
The individual executing this Notice represents and warrants that they are authorized to act on behalf of the owner of the exclusive rights allegedly infringed.

4.2 Accuracy
The information in this Notice is accurate to the best of the undersigned’s knowledge and belief.

4.3 Good-Faith Belief
The undersigned has a good-faith belief that the use of the Copyrighted Works identified herein in the manner complained of is not authorized by the copyright owner, its agent, or the law.

4.4 Penalty of Perjury
The undersigned declares under penalty of perjury that the foregoing statements are true and correct, as required by 17 U.S.C. § 512(c)(3)(A)(vi).

4.5 Survival
The representations and warranties set forth in this Section 4 shall survive any response, counter-notification, or subsequent litigation concerning the Infringing Material.

5. COVENANTS & RESTRICTIONS

5.1 Cooperation
The Service Provider shall cooperate in good faith to prevent continued or future infringement, including communication regarding any counter-notification received under 17 U.S.C. § 512(g).

5.2 Notification of Counter-Notice
If the Service Provider receives a counter-notification, it shall immediately forward a copy to the Complaining Party and shall not restore the Infringing Material until the statutory requirements of § 512(g)(2)(B)–(C) have been satisfied.

5.3 No Retaliation
The Service Provider shall not disable or suspend the Complaining Party’s access to its own legitimate content hosted on the Service Provider’s platform as retaliation for this Notice.

6. DEFAULT & REMEDIES

6.1 Events of Default
a. Failure to remove or disable access to the Infringing Material within the time specified in Section 3.4.
b. Restoration of the Infringing Material without full compliance with § 512(g).
c. Breach of any covenant in Section 5.

6.2 Cure Period
Upon written notice of default, the Service Provider shall have 24 hours to cure the default before further enforcement action is taken.

6.3 Graduated Remedies
a. Injunctive Relief: Immediate application for a temporary restraining order and/or preliminary injunction.
b. Statutory Damages: Up to the maximum allowed under 17 U.S.C. § 504(c).
c. Attorneys’ Fees and Costs: Recovery pursuant to 17 U.S.C. § 505 and as otherwise permitted by law.

7. RISK ALLOCATION

7.1 Indemnification – Good-Faith Safe Harbor
Nothing in this Notice is intended to waive, and the Complaining Party expressly reserves, any statutory or common-law claims against parties other than the Service Provider. Consistent with § 512(f), the Complaining Party acknowledges potential liability for knowing material misrepresentations and hereby indemnifies the Service Provider only to the limited extent required to maintain the Service Provider’s safe-harbor protection.

7.2 Limitation of Liability
The Service Provider’s liability for complying with this Notice is limited to the circumstances set forth in § 512. The Complaining Party assumes no liability for any business interruption, data loss, or consequential damages resulting from the Service Provider’s compliance.

7.3 Force Majeure
Neither party shall be liable for delay or failure to perform obligations under this Notice if such delay or failure is due to causes beyond its reasonable control (including network outages, natural disasters, or governmental actions).

8. DISPUTE RESOLUTION

8.1 Governing Law
This Notice and any dispute arising hereunder shall be governed by and construed in accordance with the Copyright Act of 1976, as amended, and other applicable federal laws of the United States.

8.2 Forum Selection
The parties agree to exclusive jurisdiction and venue in the United States District Court having proper subject-matter jurisdiction over the dispute.

8.3 Injunctive Relief
Nothing herein shall limit the Complaining Party’s right to seek immediate injunctive or other equitable relief to enforce this Notice.

9. GENERAL PROVISIONS

9.1 No Waiver
Failure to insist on strict compliance with any provision of this Notice shall not constitute a waiver of any right thereafter to demand strict compliance.

9.2 Severability
If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9.3 Integration
This Notice constitutes the entire statement of the Complaining Party’s claims regarding the Infringing Material as of the Effective Date.

9.4 Amendments
Any amendment to this Notice must be in writing and signed by the Complaining Party.

9.5 Counterparts & Electronic Signatures
This Notice may be executed in counterparts, each of which is deemed an original, and signatures transmitted electronically shall be deemed original signatures for all purposes.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned executes this DMCA Takedown Notice as of the Effective Date set forth above.

______________________________
Signature: [NAME]

Printed Name: [NAME]
Title/Capacity: [CAPACITY]
Date: [DATE]

[Optional Notarization Block – if required by local practice]

EXHIBIT A – Affected URL(s) and Infringing Material

EXHIBIT B – Representative List of Copyrighted Works