How to Handle a DMCA Takedown

A copyright or trademark owner has the right to file a Digital Millennium Copyright Act (DMCA) takedown notice with an ISP for material that infringes on their copyrights or trademarks. In order to receive a takedown notice from them, you will need to make sure your website complies with all of the terms and conditions of their policy.

Once a trademark owner files a trademark or copyright infringement claim, the offending material must be removed immediately. If you fail to comply with this request, you may have a copyright or trademark violation charge filed against you. Additionally, the copyright or trademark owner may send a letter demanding that you remove their content or face legal action.

When a copyright or trademark owner files a takedown notice, they notify an Internet Service Provider (ISP). Their main goal is to remove the infringing material from the Internet. They also want the ISP to inform their customers so that they can protect their rights under the Digital Millennium Copyright Act. If you violate these conditions, you may also be asked to remove your site from the web.Click here for more details about DMCA Takedown

It's important for you to recognize that copyright owners often abuse takedown notices by trying to take down any sites that are not violating their copyrights. You will find that many of the takedown requests they file have nothing to do with copyright infringement and simply demand that your website be removed from the Internet.

This practice is unfair for those who have rights under the Copyright Act and Trademark Law. If you receive a takedown notice, it is imperative that you respond to them quickly. A takedown notice may only last for seven days. If you ignore this request, it may affect the ability of your site to stay on the Internet. The more you wait, the more likely the website will be taken offline.

When you receive a takedown notice from an ISP, you will need to contact them. Keep in mind, however, that an ISP cannot simply remove your website from their servers because you have received a takedown notice from them. Your request for removal needs to be legitimate. You will be required to provide evidence that your site was violating their copyright or trademark law.

When you have proof that your site was in fact violating their copyright or trademark law, you can take the right steps to try and restore your site. Most ISPs have systems in place to help you get your website back on the Internet.

In some cases, it is possible that the ISP will request you to take down your website temporarily while an investigation is being conducted by them. You should always consider this as an option if you believe that your site was not actually committing copyright or trademark infringement.