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What Is the DMCA? Protecting Your Content Online

Legal
3 min read

The DMCA takedown process is a mechanism allowing a copyright owner to request an online service provider (OSP) to remove content that infringes their copyright. This process was established by the U.S. Digital Millennium Copyright Act (DMCA) circa 1998.

The Core Process

  1. Notice: The copyright holder (or their authorized agent) sends a formal DMCA takedown notice to the service provider's designated agent. This notice must contain specific information, including identification of the original work, the exact URL of the infringing material, and a statement made under penalty of perjury that the information is accurate and the sender is the rights holder.
  2. Takedown: Upon receiving a valid notice, the service provider (such as a web host or social media platform) must "expeditiously" remove or disable access to the content to avoid legal liability themselves (known as "safe harbor" protection).Time frame for the takedown is usually within 24- 48 hours.
  3. Counter-Notice: The user who posted the content can file a counter-notice if they believe the content was removed by mistake or constitutes fair use.
  4. Resolution: If a valid counter-notice is received, the service provider notifies the original copyright owner and will typically restore the content within 10 to 14 business days, unless the copyright owner informs the provider that they have filed a lawsuit seeking to restrain the user from the infringing activity. 

Benefits and key points of DMCA Takedown process

  • Purpose: It provides a fast, relatively low-cost way for creators to combat online piracy without immediately going to court.
  • Scope: It only covers copyright infringement (text, images, video, code, etc.), not trademark issues, defamation, or other non-copyright complaints.
  • Enforcement: U.S.-based companies generally comply with DMCA rules, while international sites may not be subject to the law.
  • Consequences: Filing a false DMCA notice can lead to legal penalties. 

How Cypheme helps

  • Our platform gives brands peace of mind and the flexibility to concentrate on expansion and innovation by streamlining the difficult process of tracking, reporting, and resolving copyright infringement cases when your content is being used without authorization.
  • We help businesses streamline DMCA enforcement at scale by removing fraudulent listings and safeguarding  your valuable digital content

The Course of Action

You will receive a complimentary first takedown.

Step 1: Submit an application for the fake URL.

Step 2: We submit a free case on your behalf.

Step 3: The website will be taken down in a week or two.

Step 4: If removing it is not feasible, we will file a case on your behalf.

Step 5: Your original, legit page will be restored to you.