DMCA Notice

With the advent of Internet, things have gone widely an over-the-top digital experience when it comes to research, communication, advertisement, entertainment, and a whole lot more. It has unquestionably become an important platform and a go-to medium in nowadays highly innovative world. While the fact prevails that anyone can do almost everything with the aid of the internet, there is also the realization that somewhere at the back of your mind is a constant nagging concern brought forth by the thought of how well your businesses and transactions online are guarded. As new forms of social media erupts, a new chance there is for copyright infringement.

What are the common subjects that can be infringed online?

With the proliferation of many platforms of social media, any online user can easily write articles for publication on the web, share momentous pictures and videos, and even write their own blogs. May it be in the form of text in a published article, or personal video, photos and images, audio and music posted on blogs or other available social media; these are likely to be infringed online. It happens only when you, as the copyright owner, have no knowledge or whatsoever in the dissemination of your work.

How can you protect yourself online from copyright Infringement?

Say for instance, your job is writing articles to be published online. What can be more disheartening for an article writer? It is to wake up one day only to find out that his contents have been disseminated, copied, and produced, without the decency to even quote him as the author and without his prior knowledge. And so the Government formulated measures to ensure that such digital concerns be refrained, if not totally eradicated, to protect people’s right online. The Digital Millennium Copyright Act (DMCA) was developed. DMCA is a group of laws that favors the copyright owners on digital mediums and criminalizes the production and dissemination of devices, contents, and services without the owner’s permission provided that it passed the certain stipulations of the DMCA.

What are the important elements that must be included in a DMCA notice?

There are certain provisions that govern the implementation of DMCA. If you are convinced that your original work is copied without your permission, then you have to be certain that you have all the necessary requirements ready for claiming infringement and prepare to take action by submitting a DMCA notice which will enable Internet Service Providers (ISP) or search engines to remove any proven infringed contents or materials online. Although the DMCA stipulates the use of written communication in notifying ISP to delete any materials that infringe another’s copyright, many service providers offer the more convenient way through online copyright claim form which will then be directly submitted to the company’s designated agent. The following elements must be observed in a proper DMCA notice:

  •  Before you can make a claim, you must be the copyright owner of the digital medium which is allegedly infringed. In other case, where you are just the representative, you must be duly authorized to act in behalf of the owner and provide your signature in physical or electronic form.
  •  You must identify your copyrighted work by locating it with the title and or providing a link to your own website where your work is published. If possible, you can also attach a copy of the copyright protected work to intensify the grounds for your claim.
  •  Provide sufficient information regarding the material that is claimed to be infringed by thoroughly identifying locations to where it is displayed without your permission. This enables the service provider to easily locate the infringing material. You may also attach a copy of the content to underscore your claim.
  •  A statement that you have a good faith belief that the use of material is not authorized and without the knowledge and permission of the copyright owner.
  •  A statement of acknowledgement that the information in the notification letter is true and correct without a doubt and that the complaining party is duly authorized to act on behalf of the owner.
  •  You, as the complaining party, must provide thorough contact information which consists of your address, telephone number, and, if possible, an electronic mail address.

What are the steps that you can take to file for a DMCA notice?

When you are already convinced that you have grounds for your claim, then you are now ready to file a DMCA notice. Here’s what you can do:

  •  Locate the correct Internet Service Provider (ISP) who hosts the website where you found the material or content being displayed without your permission. This may sometimes pose a little problem since it is unlikely for websites to readily identify their hosting company. To assist you with this, you can run a “who is” search using the Domain tools and or search the US Copyright Office List of DMCA Agents.
  •  After knowing the ISP of the Infringing website, you will now have to prepare the DMCA notice while making sure that the key elements for a notification is observed.
  •  Lucky you if the ISP provides online DMCA form which will then be directly submitted to the designated DMCA agent, if not, then you will need to submit the notification in the manner the DMCA agent requests, may it be by fax or electronic mail.

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