DMCA – A few things to remember

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In the last post, I told you how to prepare a DMCA Takedown notice, but I also mentioned a few caveats. Some of those are:

  • As I’ve said before, make sure you have all of the elements of the notice. It’s really not that hard.
  • In a similar vein, don’t lard up the notice with a ton of extraneous language. Lawyers in particular love to do this, but typically it just makes things more complicated for anyone who has to read it and slows the process. Often, the longest letters also leave out critical elements, which means they are actually less effective than a straightforward, simple notice. No one needs the back story – if the item is infringing we don’t need to know that the website belongs to your Uncle Max, who snuck the photo from your grandmother’s basement.
  • The DMCA is a pretty easy way to take down content which is copied, but that also makes it tempting to use for items which you want removed but for which you do not actually have the copyright (e.g., that unflattering photo of you which was actually taken by someone else, or that photo in your grandmother’s basement which you probably didn’t take). You can be held liable for false or inaccurate DMCA notices, so keep that in mind.
  • The DMCA is not for trademark complaints, although some service providers ask for a trademark notice which incorporates some of the elements of the DMCA. Don’t be surprised if a DMCA notice for a trademark matter doesn’t result in an immediate takedown (or any takedown at all).
  • While DMCA notices are most often sent to web hosting companies (and Google), anyone who has third-party content on their website, from comments to contributions, can and should register a DMCA agent. Before sending a cease and desist to a website, consider whether the content is actually the website owners and, if not, check to see if they have a DMCA agent
  • Unfortunately, people intent on copying online materials will often change providers as soon as the first notices are received, so before sending that angry followup to the host make sure the materials are still hosted with them

Unfortunately, as many frustrated writers and photographers have found, combating copyright infringement online resembles a game of whack-a-mole, so you may have to prioritize your copyright battles accordingly.
Next, we’ll find out what happens after your notice arrives at the web host.