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FAQs

What is a DMCA Take Down Notice?

A DMCA take down notice is a notice sent to an internet host to remove copyright infringing material. Internet hosts range in diverstity: ISPs, Search Engines, blogs, forums, websites etc. DMCA stands for the Digital Millenium Copyright  Act.  The DMCA is a U.S. federal copyright law passed in 1998. It provides penalties for copyright infringement on the internet as well as procedures for the enforcement and protection of copyrights. Law makers gave ISPs/Web hosts “safe harbor” from liability provided they met certain qualifications and obeyed a set of rules.  Web hosts could not be held liable for infringement that took place on their service,  as long as they followed specific guidelines. When a DMCA notice is received, in order to avoid liability the host must make sure it is a complete notice and then they are to either remove or disable access to the infringing work. The host normally contacts the client with the alleged infringing content and the client has the opportunity to respond via a counter notice process.

What type of content can be removed by a DMCA notice?

Books, magazines, films, videos, music, photos, images, games, software and more.


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How can I get my content removed from a website?

If your content has been stolen or infringed upon we can a DMCA take down notice to get the content removed. We deal directly with ISPs and Web hosts ranging from: Websites, Blogs, Social Networks, File Sharing, Video Sharing, Torrent Sites, Classified Sites, Online Auctions, YouTube, Search Engines, Ad Networks, Shopping Portals, Forums, Newsgroups.

How long does it take to get content removed with a DMCA take down?

It all depends on the type of website and where it is hosted. Often a website will comply within three days – sometimes as little as 24 hours. If a website ignores the request there are many other options. Often it is more important to target the search engine sending traffic to a website

How much does it cost to send a DMCA take down notice?

You can send a DMCA take down notice on your own for free. Our service costs depend on your piracy situation.  We offer volume discounts, no setup fees or annual contracts. We offer free advise no matter what size client – even if you want to do it yourself. Give us a call, call us at: (508) 514-1040, Mon–Fri, 9–5 EST.

Can DMCA Solutions enforce copyright protection outside the U.S.?

Infringing copyrighted content can be taken down outside the U.S..  International laws and treaties allow us to enfore your copyright. We have executed successful take downs on every continent – except Antarctica!

I never filed for a copyright. Can I request a DMCA Take down?

Yes,  you do not need formal registration with the US Copyright office in order to claim a copyright or to be protected by the DMCA.

What information is needed to make a DMCA Take down request?

“Your name, email address and a link to the website with the infringing content. You must provide a link to your web page or another location (url) of the original content (If you are requesting a search engine take down – the location of the offending link). Brief explanation of the situation and authorization allowing DMCA Solutions to proceed with the take down request.  The client must swear under penalty of perjury that information that is provided is accurate to the best of their knowledge and that they are not knowingly misrepresenting that the material/content is infringing.

What is a DMCA Counter Claim or Put back provision?

The DMCA provides a process that allows for someone who was accused of infringing on a copyright and had their content removed to send written notice to an ISP/Web host stating that material has been wrongly removed.  If a proper “counter claim” claims that the material does not infringe copyrights, the ISP/Web host must promptly notify the party who sent the take down notice of the individual’s objection. If the copyright owner does not file a lawsuit within 14 days, the ISP/Web host is then required to restore the material to its location.

Can I sue a site for infringing on my copyright?

“Yes in many cases you can, but this advise is best given by a law firm. DMCA Solutions is not a law firm and does not give legal advice. We have a network of lawyers who specialize in copyright, trademark and intellectual property law. Please contact us for a referral.

What types of content can be removed by a DMCA take down?

Music, film, books, videos, stories, pictures, articles, blogs, software… if you created an original work and have appropriate references for your work you can take it down.

Can I get in trouble for making a false claim of copyright infringement?

Yes, the DMCA imposes liability on anyone who knowingly makes false claims of infringement. Legal fees and liability for damages suffered by other parties as a result of the ISP or web hosts reliance on the false claim can be severe.

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We offer a unique combination technical, business and legal professionals. We have filed tens of thousands of notices on behalf of our clients.

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Questions?

Contact us with questions about our Managed DMCA take down services.

Email us your question or call us at: (508) 514-1040, Mon–Fri, 9–5 EST.