' Boran Ding | MTTLR

Three Strikes and You’re Cancelled – What to Do If You Receive a DMCA Takedown Notice

If you are a digital content creator in the US, whether it be through YouTube, Instagram or blogs, the Digital Millennium Copyright Act (DMCA) is important to you, as it governs what happens if you post content that may infringe on another person’s copyright. One way the DMCA can affect you is if you receive a DMCA takedown notice. This notice is fairly common for online content and serves as a request to remove your work because it allegedly infringes upon a copyright from an online platform. To file a takedown notice against you, someone must identify themselves as the copyright owner of the work that has been infringed upon, and they must have a good faith belief that your material has infringed upon that work. They will then send that notice to the internet service provider where your work appears. Online platforms like Google, YouTube, Twitter and Flickr are given “safe harbor” from prosecution for copyright infringement as long as they follow specific guidelines. Once these websites have received the notice, they are legally obligated to remove the content and notify you that they have done so. Once you receive that notification, you have the option to file a counter-notice fighting the takedown with the service provider through some options discussed below, which the website will then deliver to the original filer. If the filer doesn’t reply within 10 days, the website can then restore the removed content. There are several reasons why you might want to file a counter-notice in response to a takedown notice, the most common of these being that your work is considered fair...