Filing a complaint with the DMCA

What is the DMCA?

DMCA is an acronym that stands for Digital Millennium Copyright Act. It is an American federal law passed in 1998 that regulates copyright issues in the digital environment. The law establishes rules for protecting copyright in digital format and limits the circumvention of technical copyright protection measures (DRM) by prohibiting the circumvention or removal of protection of digital copies.

One of the key components of the DMCA is the DMCA takedown procedure. According to these rules, a copyright owner can send a message to an online platform that contains illegally used materials, asking them to remove or block access to them. The platform must respond to such requests promptly to avoid potential liability for copyright infringement.

How do I file a DMCA complaint?

A DMCA complaint is a formal notice sent to a website, hosting provider, or other online platform to notify them of copyright infringement. This may include the illegal use of copyrighted text, images, videos, music or other material.

A DMCA complaint contains information about the copyright being infringed, a link to the original content, and identifies the infringing material. It must also include the contact details of the person making the complaint and a statement that they are aware that using the material without permission from the copyright owner is illegal.

After receiving a DMCA complaint, ISPs usually take steps to remove or hide the illegal content to avoid liability for copyright infringement. Such a complaint is one of the main tools used to protect copyright in the digital environment.

Filing a DMCA complaint involves several steps

• Find contact information

Find contact information on the website or other sources for contacting the website or platform hosting the infringing material. This can be an email address, contact form or postal address.

• Prepare the message

Prepare a notice in which you provide information about copyright and infringing materials. This message should include the following elements:

• Your contact details (full name, email address, telephone)
• Identification of the copyright being infringed (for example, a link to the original work and a link to the infringer)
• A description of how the material infringes copyright
• A statement that you know that the use of the material without your consent is not permitted by law
• A statement that the information in your message is accurate and true, and that you are the owner or authorized representative of the copyright owner.

• Send a complaint to the contact address found on the platform or website.

Websites typically provide separate contact information for DMCA complaints.

• Stay tuned for the answer

After sending the message, follow the response from the platform. They must take steps to resolve the situation in accordance with the provisions of the DMCA.

Be sure to make sure your complaint is DMCA compliant and that you provide accurate information.

If you have any doubts or questions about a DMCA complaint, we recommend that you consult a copyright lawyer. The intellectual property department of the Prykhodko and Partners law firm has many years of experience in disputes over copyright objects. To receive a consultation on your question, fill out the form below: