The DMCA Takedown Notice provides a mechanism for copyright holders to request an Internet Service Provider (ISP), search engine, host or other type of site-owner/manager to remove material that is infringing their copyright. Unlike other aspects of copyright laws, the DMCA Takedown process does not require you to have a registered copyright. That’s very important to know, because some people may say you do. Before you send a DMCA Takedown Notice you need to establish a few things:
(1) You own the copyright or have the right to assert infringement of a copyright you license. If you do not own the copyright or have a legal right to assert a claim of copyright infringement, you’re wasting your time.
(2) The alleged infringement is not covered by an exception such as Fair Use or free speech laws. While you don’t have to know every aspect of Fair Use exceptions, you do have to have a “good faith” belief that the alleged infringing use is not covered by any law which would permit its use.
(3) The content is capable of being infringed online. That mean the work must be something in digital form. Here are some examples:
- Text (TXT, RTF, DOC, DOCx, PDF, PPT, PAGES, etc.)
- Images, pictures & photos (BMP, EPS, SVG, JPG, JPEG, GIF, PNG, PSD, RAW, TIFF, etc.)
- Video (MPG, AVI, RM, MOV, Quicktime, Windows Media Player, RealPlayer)
- Music & audio (AIF, AU, MP3, MP4, MID, WAV, etc. )
- Images found on Facebook, Tumblr, Pinterest, Flickr