A DMCA takedown is a notice under US copyright law asking a host, platform or search engine to remove material that infringes a copyright you own or are authorised to enforce.
Section 512 of the US Copyright Act, added by the Digital Millennium Copyright Act of 1998, gives online service providers a safe harbour from copyright liability if they expeditiously remove material identified in a valid notice. Under §512(c)(3) a notice includes a physical or electronic signature, identification of the copyrighted work and of the infringing material and where it is, the sender's contact details, a statement of good-faith belief that the use is not authorised, and a statement that the notice is accurate and, under penalty of perjury, that the sender is authorised to act for the owner.
Only the copyright owner or an authorised agent can send one. Knowingly false notices can create liability under §512(f), and a US appeals court has held that senders must consider fair use before sending. The uploader can respond with a counter-notice, after which the provider may restore the material unless the sender goes to court.
In practice
A DMCA notice is often the fastest route when your own photos, videos, writing or paid content have been copied, and it works well beyond the US because most major platforms, hosts, CDNs and search engines accept it. It does not work for content that merely shows or discusses you without copying your work. When a host ignores notices, the usual escalation runs from platform to host, CDN, registrar and search engines.
Source: 17 U.S.C. §512(c) ↗
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Related terms
- Counter-notice — A counter-notice is the uploader's formal response to a DMCA takedown, asking the provider to restore material they believe was removed by mistake or misidentification.
- Takedown notice — A takedown notice is a formal written request asking a platform, host or search engine to remove specific content because it breaks the law or the provider's own rules.
- Repeat infringer policy — A repeat infringer policy is a service provider's rule for terminating the accounts of users who repeatedly infringe copyright, required to keep DMCA safe-harbour protection.
- YouTube copyright strike — A YouTube copyright strike is a penalty placed on a channel when YouTube removes one of its videos in response to a valid copyright removal request.
- Website takedown — A website takedown is the removal of an unlawful website through the lawful channels of its hosting provider, domain registrar, CDN and search engines.