What is a DMCA Take-Down Notice?
A DMCA Take-Down Notice stands for Digital Millennium Copy Right Act Take-Down Notice.
This act serves as a tool that is much needed in the digital age, everything is online, and it is a haven for copyright infringement.
The Digital Millennium Copyright Act was bought into law by the American president Clinton, on the 28th October 1988.
Under this act, copyright holders can send a take-down notice to get any material that has breached copyright laws taken down. The notice is sent to the internet service provider on which the material has been uploaded. For example if the copyright infringement had occurred on a social media platform, the DMCA Notice would be sent directly to that platform, and it would then be the platforms responsibility to remove the works, or face being liable themselves.
Why do we use a DMCA Notice?
A DMCA Notice can be used before or instead of court proceedings. Most internet service providers will act swiftly to remove any copyright infringement once the notice has been served. This can save time and money for the victim of the copyright violation.
Copyright House will send a free DMCA Take-Down Notice on behalf of all its subscribers whenever and if ever a breach of copyright occurs. All you need to do is email our customer support team with a link to the copyright breach, your name and registration number and our team will work swiftly to resolve the issue.
What do I do if I receive a DMCA Notice?
The most important thing is never to ignore a DMCA notice. You should evaluate the infringement that is sited on the notice and confirm or deny the copyright violation. If there is an infringement of copyright, you should remove the work immediately. In some cases owners of copyright wont ask for removal, but instead to be acknowledged for the works, and receive a monitory value for the use of the registered works.
The best course of action is usually to remove the works to which the DMCA notice refers, however if you feel you have received the notice wrongly, you can make a counter claim and for this we recommend you seek legal council.
Why have a received a DMCA Notice?
Copyright law exists to protect the registered owners of works from having their works stolen and potentially used by others to make a profit for themselves.
If you breach copyright law, you would be committing copyright infringement. In the online age of today, we can often do this unknowingly.
It is an offence to use works without the consent of the owner. Without this consent you can not copy the work, rent it or lend it. Shows can't be performed in public, or broadcast without the owners permission. You also can't adapt anyone's work without their consent. If you do any one the above, then you will be likely to receive a DMCA notice.