Additionally, the DMCA or Digital Media Copyright Act is a US only document, but has been adopted by the European Union and follows the WIPO treaty. So every EU country and every country that signed into the WIPO treaty should be affected. But even if you are in another country, if the hosting website is in the US (Google, Facebook, etc.), then this letter applies completely.
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My name is (insert your full name here). I am (insert your title if you have one and the name of your business if applicable). A website that your company hosts according to WHOIS information, is infringing on at least one copyright owned by me or my company. (Replace this sentence if sending direct to Facebook or similar site with "A user on your site,")
A(n) photo(s)/material was copied onto your services without my permission. The original photo(s)/material to which I own the exclusive copyright to, can be found the the following direct URL.
(Provide direct URL to where you have your image posted on your own site)
The infringing and unauthorized material/image can be found at the below URL.
(Provide a direct URL to where the infringer has posted your image.)
(If you are in another country outside of the US, you may wish to leave the below paragraph out if the hosting agent is not located in the US.)
The letter is to officially notify you under Section 512(c) of the Digital Millennium Copyright Act, also known as "DMCA", that I am seeking the removal of the aforementioned infringing photo/material from all of your servers. The direct link to this section can be found at http://www.copyright.gov/title17/92chap5.html#512 for you to review. Additionally, I request that you notify the infinger immediately of this official notification and inform them of their requirement to remove the aforementioned infringing photo(s)/material, and notify them that they are to cease any posting of these photo(s)/material to your servers at anytime in the future.
The letter is to officially notify you under Section 512(c) of the Digital Millennium Copyright Act, also known as "DMCA", that I am seeking the removal of the aforementioned infringing photo/material from all of your servers. The direct link to this section can be found at http://www.copyright.gov/title17/92chap5.html#512 for you to review. Additionally, I request that you notify the infinger immediately of this official notification and inform them of their requirement to remove the aforementioned infringing photo(s)/material, and notify them that they are to cease any posting of these photo(s)/material to your servers at anytime in the future.
Be aware and advised that law requires you, as a service provider, to remove or disable access to the aforementioned materials/photo(s) immediately upon receiving this notification.
You are provided under US law, as a service provider, immunity to copyright lawsuit provided that you act in haste and with deliberate speed to investigate and rectify any ongoing copyright infringement. If a service provider, like yourself, does not remove/disable and investigate the infringing photo(s)/material, then this immunity is lost.
In order to remain immune from copyright infringement action, you are required to investigate and remove or otherwise disable the infringing photo(s)/materials from your servers with all due haste should the infringer, your client/member, not fully comply immediately.
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorised by the copyright owner, his/her agent or the law.
I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorised by the copyright owner, his/her agent or the law.
I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may contact me directly at the below contact information.
Sincerely,
(Insert your full name)
(Sign both electronically and physically)
(Sign both electronically and physically)
Address
City, State, Zip
Phone number including country and area codes
E-mail
(Important - Do NOT include any of the screenshots that you have taken or any attachments of any kind when sending this via email. Many agents will not process claims with attachments for fear that they might be a virus of some kind. Only provide the URLs to the infringing photos and websites.)
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DMCA requires that your notification include the following:
- Be done in writing.
- Be signed by the you, as the copyright owner, or your agent (your electronic signature is sufficient).
- Identify your copyrighted work that has been infringed.
- Identify the material or photo that is infringing your work.
- Include your contact information.
- State that you are complaining in “good faith;”
- State that, “under penalty of perjury, that the information contained in the notification is accurate;” and that you have the right to proceed because you are the copyright owner or the owner’s agent.
Who do you do if the agent replies and states they need additional things like a corporate email address instead of one that goes to a gmail account, or a photo copy of your ID, etc.?
Simply reply with the following statement: The DMCA listed at the following URL at the official Copyright Office Website (http://www.copyright.gov/legislation/dmca.pdf) makes no mention of a copyright infringement notification being required to include (include the additional items requested by the agent). Please inform me on what legal grounds do you demand these (or this depending)? As best as I can see, if I don’t provide this additional material that goes outside of the documented DMCA process, I’ve still satisfied the requirements of the DMCA. If your company does not comply, your company would lose the DMCA protection, and therefore be liable for the infringement.
