The number of people who may have heard of a DMCA notice is unlikely to be large and fewer may have ever sent a notice of this type to anyone during their lives. DMCA notices are official documents which exempt other service providers from becoming liable for copyright infringements because they have inadvertently used material which has been copyrighted.
Publishers of websites are perhaps the only people who have adequate knowledge about a DMCA notice because they are the ones that are commonly confronting people for using any material which has been copyrighted and published on their websites. Website publishers are required to safeguard their interests by applying for DMCA protection which will offer them numerous benefits.
A DMCA notice is similar to other notices which may be sent to warn people or businesses that they are in contravention of specific terms and conditions which apply to all content published over the Internet. Website publishers can approach the DMCA to initiate action against anyone who may be plagiarizing their content, copying audio-visual information which has been published or be indulging in any actions which prove harmful to the website.
Publishers that are looking forward to creating or sending a DMCA notice should draft it carefully. Publishers generally face problems when the material on their website is plagiarized because it causes them to lose revenue while making it beneficial for the other individual to begin generating funds without making any efforts. Publishers that are not aware of how a DMCA notice is drafted should either consider consulting a legal representative or even make use of online templates which can be customized according to individual requirements. However, they also need to understand that they will not be eligible for any compensation unless the material on their website is already registered with the DMCA.
Points to consider when drafting a DMCA notice:
- The notice must be created in a formal language.
- The name of the individual, address and contact details of the webmaster drafting the letter must be provided.
- The name of the webmaster infringing the content must also be provided if available.
- In the absence of webmaster details of the infringing website the individual drafting, the letter must obtain all information from the directory before drafting the letter.
- The reason for the DMCA notice must be mentioned and include any further actions which may be initiated.
The individual drafting the letter must also provide the other party an opportunity either to explain or defend against the claim being made.
Sending out a DMCA notice does not in any way ensure a settlement of the dispute because the other party may decide to challenge the same in a court of law. DMCA notices have the potential of ending in legal disputes in some cases while others may be settled amicably.
Example of DMCA Notice 1
Name: [Name of the Sender Of the DMCA notice].
Contact Details: [Address, Email Address And Telephone Number Of the Sender].
To: [Name Or Alternatively Webmaster]
Subject: DMCA Notice For Infringement
I observe that our copyrighted content is published on your website. It may have been uploaded without your knowledge or even may be posted by members visiting your website.
The entire content on the following URL is copyrighted, and therefore we request that you kindly remove the material from your webpage.
[URL of the page where the copyrighted content is published by the copyright holder].
Kindly consider this letter as a formal DMCA notice in line with the digital millennium copyright act.
You may contact me if you need answers to any questions on my contact details provided at the beginning of this letter.
[name of the sender],
[title of the sender].
Example of DMCA Notice 2
Name: [Name of the Sender With All Contact Details],
URL Of the Infringed Material Being Hosted By the Company.
To: [Name of The Hosting Company],
Subject: DMCA Notice To Takedown Copyrighted Material
I am the copyright holder of the material which is being infringed at [URL of the website infringing the material as well as the URL of the infringing page].
This letter is being forwarded under the provisions of the digital millennium copyright act to request a removal of the infringements reported above.
I would also like to request that you issue a cancellation message as specified by the laws to keep the infringing website from publishing infringed content on your servers, henceforth. Please be advised that the laws require you to expeditiously remove or prevent access to the infringing material as you are a service provider.
The actions should be initiated immediately upon receipt of this notice. Failing to comply with this letter will result in loss of immunity against the amount of compensation under the DMCA.
As the holder of the copyright I can confirm I have not authorized the infringing website to use the material and the information provided is true to the best of my knowledge. I am aware I will be liable for penalties of perjury if I provide inaccurate information.
Please forward me a response to the address mentioned above to indicate the actions you have taken to resolve this matter.
[name or signature of the sender].