How to File a DMCA Takedown Notice (Step-by-Step)

The Digital Millennium Copyright Act (DMCA) gives copyright owners a fast, out-of-court way to get infringing copies taken down. Websites and other online service providers that remove material promptly after a valid notice keep "safe harbor" protection from liability under 17 U.S.C. §512. That gives most legitimate hosts a strong reason to act.

The six elements every notice needs

Section 512(c)(3) says a notice must include "substantially" the following:

1. A signature, physical or electronic, of the copyright owner or someone authorized to act for them. A typed "/s/ Your Name" is commonly accepted as an electronic signature.
2. Identification of the copyrighted work. Describe it and, ideally, link to where you published the original.
3. Identification of the infringing material with enough information to find it, usually the exact URL.
4. Your contact information: name, address, phone and email.
5. A good-faith statement that you believe the use is not authorized by the copyright owner, its agent, or the law.
6. An accuracy statement that the information is accurate and, under penalty of perjury, that you are the owner or authorized to act for the owner.

Where to send it

Send the notice to the site's designated DMCA agent. U.S. service providers that want safe-harbor protection must register an agent with the U.S. Copyright Office, which publishes a searchable DMCA Designated Agent Directory. Many sites also list a copyright email or web form in their terms or footer. If a site has no listed contact, you can look up its hosting provider with a WHOIS or IP lookup and send the notice to the host's abuse or copyright contact.

A simple template

Subject: DMCA Notice of Copyright Infringement

1. Copyrighted work: Original photographs/videos created by me, published at [link to your original].
2. Infringing material: [exact URL(s)]
3. Contact: [Legal name], [address], [phone], [email]
4. I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. The information in this notification is accurate, and under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
6. Signature: /s/ [Legal name]

What happens next

A host that complies will remove or disable access to the material and may notify the uploader. The uploader can file a counter-notice. If you don't file a lawsuit, the host may then restore the material after 10 to 14 business days. Keep a record of every notice, the date you sent it and the response, so you can follow up on hosts that don't reply.

Be accurate

Only send notices for content you own or are authorized to enforce, and consider whether a use could be licensed or fair use. Under 17 U.S.C. §512(f), anyone who knowingly materially misrepresents that material is infringing can be liable for damages.

Doing this at scale

One leak can mean dozens of URLs, each needing its own notice and follow-up. ClearTrace generates a compliant notice for every link you submit or that our scanning finds, and tracks each to removal. Learn about our DMCA takedown service.

This article is general information, not legal, tax or financial advice for your situation.