What Does DMCA Stand For?
DMCA is an abbreviation for Digital Millennium Copyright Act of 1998.
What are DMCA Takedowns
What is the Digital Millennium Copyright Act?
There are two main section to the DMCA. The “Anti-Circumvention” provision (sections 1201 et seq. of the Copyright Act) was put in place to discourage copyright pirates from circumventing and trafficking in copyrighted content. (i.e. peer to peer file exchanges, limiting how many times you can copy software onto different computers) The “Safe Harbor” provision …
What is a DMCA Takedown?
In order for an ISP to receive Safe Harbor protection they must comply with the conditions set forth under Section 512, including providing a “notice and takedown” procedure that allows copyright holders a fast and easy way to “Takedown” the alleged infringing material. Section 512 also provides provisions that allows users to challenge improper DMCA …
How to Do a DMCA Takedown
Step 1: Find the website(s) that may be infringing on your copyrighted content. This can be done manually, or through using a third party scanning system. It is a good practice to retain an electronic copy or screenshot of the infringing website’s page. Step 2: Depending on the type of takedown, you have a few …
Why You Should Remove Stolen Content with a DMCA Takedown
You have spent considerable time and money creating high quality content only to have someone steal it and use it for their own personal financial gain. Stolen content can confuse Google and other search engines, thus resulting in Duplicate Content Penalties, which will lower your page in search results.
Does it Always Work?
If it is a legitimate DMCA takedown, and the host or third party website has a connection with the United States, then yes it should work. However, this does not mean that the infringing website may not pop up again under a new domain. This is why it is important to do routinely scan your …
How Long Does it Take?
Generally, it can take up to 2 weeks for the DMCA takedown to be completed. The time varies depending on the host domain provider or third party website.
How Much Does it Cost if I Hire a Lawyer to do a DMCA Takedown?
Generally, the average cost for a lawyer to provide a DMCA takedown notice is around $500.
Important Things to Remember
If the host domain or third party website is outside of the United States, it does not need to comply with the DMCA. This is because the courts in the United States do not have jurisdiction over other countries. However, if the host domain or third party website has connection with the United Stats, (i.e. …
Alternatives to DMCA Takedown
Request the website owner to add credit and/or backlink to the article or image Send a cease-and-desist letter with a demand for payment yourself Hire legal counsel to send a cease-and-desist letter on your behalf with a demand for payment Hire legal counsel to file a copyright infringement lawsuit