DMCA Procedures

Overview

The Digital Millennium Copyright Act (DMCA) provides a framework for copyright holders to request removal of infringing content from online platforms. It also provides safe harbors for service providers who comply with the law.

DMCA Takedown Notice Requirements

A valid DMCA takedown notice must include:

1. Identification of the copyrighted work claimed to have been infringed
2. Identification of the infringing material and information reasonably sufficient to permit location of the material
3. Contact information for the complaining party, including address, telephone number, and email
4. A statement of good faith belief that use of the material is not authorized
5. A statement of accuracy and authorization to act on behalf of the copyright owner
6. Physical or electronic signature of the copyright owner or authorized agent

DMCA Counter-Notice Procedures

If content is removed, the alleged infringer may submit a counter-notice containing:

1. Identification of the material and location where it appeared
2. A statement under penalty of perjury that the material was removed by mistake or misidentification
3. Consent to jurisdiction of federal district court
4. Physical or electronic signature

Safe Harbor Provisions

Service providers can claim safe harbor protection by:

• Designating an agent to receive DMCA notices
• Implementing a repeat infringer policy
• Not having actual knowledge of infringement
• Acting expeditiously to remove infringing content upon notice

USIPE DMCA Services

USIPE provides comprehensive DMCA services including:

Automated Notice Generation

• Compliant DMCA takedown notices
• Proper identification of copyrighted works
• Accurate location of infringing content
• Required legal statements and signatures

Tracking and Documentation

• Notice delivery confirmation
• Response tracking
• Compliance monitoring
• Evidence preservation

Follow-up Actions

• Counter-notice review
• Escalation procedures
• Legal documentation preparation
• Repeat infringer reporting