DMCA Takedown Notice for Content Creators

DMCA TAKEDOWN NOTICE

Digital Millennium Copyright Act - 17 U.S.C. § 512(c)(3)

IMPORTANT NOTICE

Before submitting a DMCA takedown notice, you should:

1. Verify you own the copyright - You must be the copyright owner or authorized to act on their behalf.

2. Consider fair use - Under 17 U.S.C. § 512(f), you may be liable for damages if you knowingly misrepresent that material is infringing. Per Lenz v. Universal Music Corp., you must consider fair use before sending a takedown notice.

3. Gather evidence - Document the original work, the infringing use, and the URL where it appears.

4. Find the designated agent - Look for the service provider's DMCA agent information (usually in Terms of Service or Copyright Policy).

SECTION 1: COMPLAINING PARTY INFORMATION

I am (select one):

☐ The copyright owner
☐ Authorized to act on behalf of the copyright owner

SECTION 2: SERVICE PROVIDER INFORMATION

Common Platform DMCA Submission Points:

SECTION 3: COPYRIGHTED WORK IDENTIFICATION

Required by 17 U.S.C. § 512(c)(3)(A)(ii)

Describe the copyrighted work that you claim has been infringed:

Copyright Registration (if registered):

☐ Work is registered with U.S. Copyright Office
Registration Number: _________________________
Registration Date: _________________________

☐ Work is not registered (registration not required for DMCA notice)

Description of Original Work:
_____________________________________________
_____________________________________________
_____________________________________________

Evidence of Ownership (check all that apply):

☐ I created the work
☐ Copyright assignment documentation
☐ Work-for-hire agreement
☐ Original source files with metadata
☐ Prior publication records
☐ Copyright registration certificate
☐ Other: _________________________

SECTION 4: INFRINGING MATERIAL IDENTIFICATION

Required by 17 U.S.C. § 512(c)(3)(A)(iii)

Provide specific URLs where infringing content is located:

The following URL(s) contain material that infringes my copyright:

☐ Additional URLs listed in attached document

IMPORTANT: URLs must be specific enough for the service provider to locate the material. Generic URLs (e.g., "www.example.com") are insufficient.

SECTION 5: DMCA NOTICE TEXT

[Use this template for submission to service providers]

DMCA Takedown Notice Pursuant to 17 U.S.C. § 512(c)(3)

Date: [DATE]

To: [SERVICE PROVIDER DMCA AGENT NAME]
[SERVICE PROVIDER NAME]
[ADDRESS]

From:
[YOUR NAME]
[YOUR ADDRESS]
[YOUR EMAIL]
[YOUR PHONE]

RE: DMCA Copyright Infringement Notice

I am writing to notify you of copyright infringement occurring on your platform pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3).

1. IDENTIFICATION OF COPYRIGHTED WORK

I am the [owner / authorized representative of the owner] of the copyright in the following work(s):

• Title: [TITLE OF WORK]
• Description: [BRIEF DESCRIPTION]
• Original Location: [URL OR "Unpublished"]
• Registration Number (if any): [NUMBER OR "Not registered"]

2. IDENTIFICATION OF INFRINGING MATERIAL

The following material on your platform infringes my copyright:

[LIST EACH URL ON A SEPARATE LINE]

3. CONTACT INFORMATION

• Name: [YOUR NAME]
• Address: [YOUR ADDRESS]
• Phone: [YOUR PHONE]
• Email: [YOUR EMAIL]

4. GOOD FAITH STATEMENT (Required by 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 as a fair use under 17 U.S.C. § 107).

5. ACCURACY STATEMENT (Required by 17 U.S.C. § 512(c)(3)(A)(vi))

I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6. SIGNATURE (Required by 17 U.S.C. § 512(c)(3)(A)(i))

☐ Physical Signature: _____________________________________________

☐ Electronic Signature: /s/ [YOUR NAME]

Date: _____________________________________________

SECTION 6: FAIR USE CONSIDERATION

Required Before Sending DMCA Notice

Under Lenz v. Universal Music Corp., 815 F.3d 1145 (9th Cir. 2016), you must consider whether the allegedly infringing use is a fair use before sending a DMCA takedown notice. Failure to do so may expose you to liability under 17 U.S.C. § 512(f).

Fair Use Analysis (17 U.S.C. § 107):

Factor 1: Purpose and Character of Use
☐ Is the use commercial? ☐ Yes ☐ No
☐ Is the use transformative (adds new meaning/message)? ☐ Yes ☐ No
☐ Is the use for criticism, comment, news, teaching, scholarship, or research? ☐ Yes ☐ No

Assessment: ☐ Favors fair use ☐ Favors infringement ☐ Neutral

Factor 2: Nature of the Copyrighted Work
☐ Is your work creative/fictional? ☐ Yes ☐ No
☐ Is your work factual/informational? ☐ Yes ☐ No
☐ Was your work previously published? ☐ Yes ☐ No

Assessment: ☐ Favors fair use ☐ Favors infringement ☐ Neutral

Factor 3: Amount and Substantiality Used
☐ How much of your work was used? _________________________%
☐ Was the "heart" of your work taken? ☐ Yes ☐ No

Assessment: ☐ Favors fair use ☐ Favors infringement ☐ Neutral

Factor 4: Effect on Market
☐ Does the use harm your market or potential market? ☐ Yes ☐ No
☐ Does it substitute for purchasing your work? ☐ Yes ☐ No

Assessment: ☐ Favors fair use ☐ Favors infringement ☐ Neutral

Overall Fair Use Conclusion:

☐ I have considered fair use and concluded the use is NOT fair use. I may proceed with the DMCA notice.

☐ Fair use is possible. I should consult an attorney before sending.

☐ The use appears to be fair use. I should NOT send a DMCA notice.

SECTION 7: SUBMISSION CHECKLIST

Before submitting your DMCA notice, confirm:

☐ I own the copyright or am authorized to act on behalf of the owner
☐ I have identified the copyrighted work with sufficient detail
☐ I have provided specific URLs where the infringing material is located
☐ I have provided my contact information
☐ I have included the good faith belief statement
☐ I have included the penalty of perjury statement
☐ I have signed the notice (physically or electronically)
☐ I have considered fair use
☐ I have kept a copy of the notice for my records

SECTION 8: WHAT HAPPENS NEXT

Service Provider's Obligations:

Under 17 U.S.C. § 512(c), the service provider must:

• Respond "expeditiously" to remove or disable access to the material
• Notify the user who posted the material (if known)

Counter-Notification (17 U.S.C. § 512(g)):

The alleged infringer may file a counter-notification if they believe:

• The material was removed by mistake; or
• The material was misidentified.

If a valid counter-notification is filed:

• The service provider must notify you
• You have 10-14 business days to file a federal court action
• If you do not file suit, the material may be restored

Your Options After Counter-Notification:

☐ File a copyright infringement lawsuit in federal court
☐ Seek to resolve the dispute informally
☐ Allow the material to be restored (take no action)

SECTION 9: TRACKING AND FOLLOW-UP

SECTION 10: WARNING - LIABILITY FOR MISREPRESENTATION

17 U.S.C. § 512(f) provides:

"Any person who knowingly materially misrepresents under this section—
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or misidentification,
shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it."

Do NOT send a DMCA notice if:
☐ You do not own the copyright
☐ The use is clearly fair use
☐ You have licensed the use
☐ The work is in the public domain
☐ You are attempting to remove criticism or commentary

ATTESTATION

I have reviewed this notice and confirm that all information provided is accurate. I understand that I may be liable for damages under 17 U.S.C. § 512(f) if I knowingly misrepresent that material is infringing.

Signature: _____________________________________________

Printed Name: _____________________________________________

Date: _____________________________________________

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. The DMCA involves complex legal requirements. Filing a false DMCA notice may expose you to liability. Consult with a qualified intellectual property attorney before sending a DMCA takedown notice.