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What to Do if You Get a DMCA Infringement Notice

29th November, 2021

Posted by one400-dev

When you are building your business online and developing a website with content for your company, you might end up using material that you believe to be in the public domain or that you believe is safe to use because it has not been copyrighted in any capacity. Yet it can be difficult to know with certainty whether the content you are using is actually free for the public to use or whether you could be infringing on another person or entity’s copyright. In the event that you have used copyrighted material without permission, you may receive a Digital Millennium Copyright Act (DMCA) infringement notice that requires you to immediately remove any copyrighted content you are using.

What should you do if you get a DMCA infringement notice? A domain attorney at ESQWire can help with the particular facts of your case. In the meantime, we want to provide you with more information about DMCA infringement notices and your rights and responsibilities.

Understand the Digital Millennium Copyright Act, or DMCA

First, you should have a clear understanding of what a DMCA infringement notice is and how the Digital Millennium Copyright Act works. This is a federal law that you might also see referenced as the Online Copyright Infringement Liability Limitation Act. In short, this federal law governs a number of issues pertaining to internet copyright infringement and prohibits the use of copyrighted material without permission on websites, social media accounts, and other internet sites.

The aim of the DMCA is to protect the owner of the material that is copyrighted, as well as the internet service provider (ISP) and website operator in the event that the copyright holder files a claim. In other words, the DMCA protects ISPs and website operators from facing lawsuits from the copyright holder.

How DMCA Infringement Notices are Sent

A person or entity will typically receive a DMCA infringement notice after one of two circumstances:

  • Owner of the copyright files a DMCA takedown request; or
  • ISP or web host recognizes an instance of copyright infringement and sends a notice.

ISPs and web hosts are required by law to remove information that is a case of copyright infringement. In order to have protections against lawsuits under the DMCA, ISPs and web hosts must quickly remove material.

Work with a Copyright Attorney to File a Counter Notification

As soon as you receive a DMCA infringement notice or takedown request, it is essential to seek advice from a domain lawyer who can assess the notice or takedown request. If you have received the communication by mistake, the situation may be easily remedied with your attorney’s assistance by filing a counter notification. When you file your counter notification, you must provide information about why the material was wrongly identified as a case of copyright infringement. It may be that you are the proper owner or copyright holder, or the material may be subject to the fair use doctrine.

In cases where a lawsuit is still filed against you following your counter notification filing, then you should begin working with your attorney on a defense. 

Contact a Resourceful Internet Copyright Lawyer for Assistance

If you have received a DMCA infringement notice or takedown request, one of our lawyers can speak with you today about your options. Contact ESQWire for more information.

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