DMCA Takedown Notice

DMCA TAKEDOWN NOTICE

TABLE OF CONTENTS

1. Notice Header
2. Identification of Copyright Owner
3. Identification of Copyrighted Work
4. Identification of Infringing Material
5. Good Faith Statement
6. Accuracy and Perjury Statement
7. Signature
8. Counter-Notification Guidance

I. NOTICE HEADER

Date: [__/__/____]

TO:
DMCA Designated Agent
[________________________________] (Service Provider Name)
[________________________________] (Agent Name)
[________________________________] (Address)
[________________________________] (Email)

FROM:
[________________________________] (Copyright Owner or Authorized Representative)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)

RE: DMCA Takedown Notice — Notification of Copyright Infringement Pursuant to 17 U.S.C. § 512(c)(3)

Dear DMCA Designated Agent:

I am writing to notify you of copyright infringement occurring on your service, pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3). I respectfully request that you expeditiously remove or disable access to the infringing material identified below.

II. IDENTIFICATION OF COPYRIGHT OWNER

Element 1 — 17 U.S.C. § 512(c)(3)(A)(vi):

I am:

• ☐ The owner of the copyrighted work(s) described below
• ☐ Authorized to act on behalf of the owner of the copyrighted work(s), namely: [________________________________]

Copyright Owner: [________________________________]
Contact Information: [________________________________]

III. IDENTIFICATION OF COPYRIGHTED WORK

Element 2 — 17 U.S.C. § 512(c)(3)(A)(ii):

The copyrighted work(s) being infringed:

IV. IDENTIFICATION OF INFRINGING MATERIAL

Element 3 — 17 U.S.C. § 512(c)(3)(A)(iii):

The following material infringes the above copyrighted work(s) and should be removed or access disabled. Information reasonably sufficient to permit the service provider to locate the material:

V. GOOD FAITH STATEMENT

Element 4 — 17 U.S.C. § 512(c)(3)(A)(v):

I have a good faith belief that the use of the copyrighted material described above is not authorized by the copyright owner, its agent, or the law (including fair use under 17 U.S.C. § 107).

Fair Use Consideration:

• ☐ I have considered whether the allegedly infringing material constitutes fair use under 17 U.S.C. § 107, evaluating the purpose and character of the use, the nature of the copyrighted work, the amount used, and the market effect. See Lenz v. Universal Music Corp., 815 F.3d 1145 (9th Cir. 2016).
• ☐ Based on this analysis, I have determined in good faith that the use is not fair use because: [________________________________]

VI. ACCURACY AND PERJURY STATEMENT

Element 5 — 17 U.S.C. § 512(c)(3)(A)(v)–(vi):

I state, under penalty of perjury, that:

1. The information in this notification is accurate;

2. I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

3. I understand that knowingly materially misrepresenting that material or activity is infringing may subject me to liability for damages, including costs and attorneys' fees, under 17 U.S.C. § 512(f).

VII. SIGNATURE

Element 6 — 17 U.S.C. § 512(c)(3)(A)(i):

• ☐ Physical signature
• ☐ Electronic signature

_________________________________________
[________________________________] (Print Name)
Title: [________________________________]
Date: [__/__/____]

VIII. COUNTER-NOTIFICATION GUIDANCE

For Recipients of This Notice

If you believe this takedown notice was sent in error, you may submit a counter-notification under 17 U.S.C. § 512(g)(3), which must include:

1. Your physical or electronic signature;
2. Identification of the material removed and its prior location;
3. A statement under penalty of perjury that the material was removed by mistake or misidentification;
4. Your name, address, telephone number, and consent to jurisdiction of the federal district court for your address (or, if outside the U.S., any judicial district in which the service provider may be found); and
5. A statement that you will accept service of process from the person who provided the original notification.

STATE-SPECIFIC NOTES

SOURCES AND REFERENCES

• 17 U.S.C. § 512 (DMCA Safe Harbor and Notice-and-Takedown)
• 17 U.S.C. § 107 (Fair Use)
• Lenz v. Universal Music Corp., 815 F.3d 1145 (9th Cir. 2016)
• U.S. Copyright Office DMCA Designated Agent Directory: https://www.copyright.gov/dmca-directory/
• U.S. Copyright Office, Section 512 Study (2020)