How to Send a DMCA Takedown Notice

The DMCA notice-and-takedown system lets copyright owners get infringing content removed from online services quickly without going to court.

Required elements

A notice must be written and include substantially the following (17 U.S.C. 512(c)(3)):

1. A physical or electronic signature of the copyright owner or authorized agent
2. Identification of the copyrighted work claimed to be infringed, or a representative list if multiple works
3. Identification of the infringing material and information reasonably sufficient for the service to locate it, such as URLs
4. Your contact information: address, phone and email
5. A statement that you have a good-faith belief the use is not authorized by the owner, its agent or the law
6. A statement that the information is accurate, and under penalty of perjury, that you are authorized to act for the owner

Where to send it

Online services designate an agent to receive notices, and the Copyright Office maintains a public directory of designated agents (Copyright Office). Large platforms such as YouTube, Instagram, Google and marketplaces offer web forms.

Consider fair use first

Courts have held that copyright holders must consider fair use before sending a takedown. Commentary, criticism, parody and news reporting may be lawful. Sending a notice you know is false can make you liable for damages (17 U.S.C. 512(f)).

What happens next

• The platform removes or disables access to the material.
• It notifies the uploader, who may send a counter-notice.
• If a valid counter-notice arrives, the platform will generally restore the content in 10 to 14 business days unless you notify it that you have filed a lawsuit seeking a court order.

See what happens after a takedown.

Registration

You do not need a registration to send a DMCA notice, but for US works you generally need a registration, or a refused application, before suing for infringement. Timely registration also makes statutory damages and attorney fees available. See copyright infringement penalties.

Repeat infringers

Platforms must have policies to terminate repeat infringers in appropriate circumstances to keep their safe harbor.

Beyond takedowns

For trademarks, counterfeits or impersonation, platforms have separate reporting tools; the DMCA covers copyright only. An IP lawyer can handle large-scale enforcement.

Sources

1. Cornell Law School LII: 17 U.S.C. 512(c)(3), Elements of notification
2. U.S. Copyright Office: DMCA designated agent directory
3. U.S. Copyright Office: Section 512 of Title 17