A “DMCA Takedown Notice” is, among other things, a claim that you have, in some way, committed copyright infringement. Typically, a DMCA Takedown Notice is aimed at alleged copyright infringement on the internet. The “takedown” part of the Notice is a demand that the infringing material be removed from an online platform or website. “DMCA” stands for Digital Millennium Copyright Act, a federal law passed by Congress in the late 1990s. Often, a DMCA Takedown Notice will also contain a demand for payment to avoid copyright infringement litigation over the online posting of the material.

Takedown notices are almost always sent via email, are typically sent to the owner of the online platform (like Facebook, Reddit, etc.), and are also sent to the specific user/account holder (at a known and identifiable email address). There are a couple of reasons that sending takedown notices to online platforms and website owners is particularly effective. First, online platforms can be held legally liable for contributing to infringement by allowing infringing materials to remain posted. Thus, online platforms have a steep financial incentive to remove offending materials. Second, as a practical matter, online platforms have employees and legal departments who handle these matters quickly and efficiently. This is not always the case with specific users and accounts.

So, what do you do if you have received a DMCA Takedown Notice? First, take a breath and be calm. There is a lot about a DMCA Takedown Notice that is outside of your control. This is because, as a matter of practice, your online platform probably already removed the allegedly infringing materials and will not permit any reposting of the materials unless the copyright dispute is resolved.

If your materials have NOT been removed, then, in the abstract, there are two choices: fight or surrender by removing the materials. It is probably best to remove the materials, since there is less legal and financial risk. This is probably the best strategy if the claim relates to only a portion of what has been uploaded (like a copyright claim related to a movie clip in a YouTube video). After the “offending” part has been removed, the remainder can be uploaded again.

If the decision is made to “fight” over the DMCA Notice, you will need to hire attorneys with deep and strong experience in copyright law and DMCA matters. And expect the fight to be expensive.

In truth, many DMCA Notices are sent in error and/or are improper in form and/or substance. For example, only the copyright owner (or agent) can send a Notice, and the Notice must contain various pieces of information that are required by the statute. If any of that information is missing, then the DMCA Notice is invalid.

Aside from challenging the validity of the Notice, there are also various legal defenses to the claimed infringement. For example, copyright law allows for the use of copyrighted materials under conditions of “fair use.” As just one example, federal courts have held that using 2 to 8 seconds of a music video is a form of “fair use.” Depending on the facts, it may also be possible to argue that permission has been given for use (either actual or implied). Arguably, the use of movie trailers falls under this category. There are also procedural rules that must be followed if copyright owners are planning to file suit. If these procedures have not been followed, then any threat of litigation — and any demand for payment — can be deemed hollow.

Contact The DMCA Takedown Notice Attorneys At Revision Legal

For more information, contact the experienced DMCA Takedown Notice Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.

Anatomy of a Legally Valid DMCA Takedown Notice

Section 512(c)(3) of the DMCA requires that a takedown notice include:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the infringing material and information reasonably sufficient to permit the service provider to locate it
• Contact information for the complaining party
• A statement that the complaining party has a good faith belief that the use is not authorized
• A statement under penalty of perjury that the information in the notice is accurate and that the complaining party is authorized to act on behalf of the copyright owner

A notice that fails to substantially comply with these requirements may not be legally sufficient to require the service provider to act. However, as a practical matter, most online platforms — including YouTube, Instagram, and Reddit — will remove content upon receiving a facially valid notice and will reinstate the content only if the uploader submits a valid counter-notification.

The DMCA Counter-Notification Process

If you receive a takedown notice and believe the notice is wrongful — for example, because your use qualifies as fair use, because the material is in the public domain, or because the complaining party does not actually own the copyright — you have the right to file a counter-notification under 17 U.S.C. § 512(g).

A valid counter-notification must include:

• Your physical or electronic signature
• Identification of the removed material and the location where it appeared before removal
• A statement under penalty of perjury that the material was removed or disabled by mistake or misidentification
• Your name, address, telephone number, and consent to the jurisdiction of the federal district court for the district where your address is located

After a valid counter-notification is submitted, the service provider must wait 10 to 14 business days before reinstating the content. If the original complaining party does not file a federal copyright infringement lawsuit during that window, the content must be reinstated. This gives the copyright holder a meaningful opportunity to escalate to litigation if they believe the infringement was real.

Abuse of DMCA Notices: Knowingly False Claims

The DMCA imposes liability on parties who knowingly file materially false takedown notices. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing is liable for damages, including attorney’s fees, suffered by the alleged infringer.

In practice, competitors, bad actors, and even automated systems sometimes file DMCA notices without a good-faith basis. If you have received a takedown notice that you believe was filed in bad faith — for example, to suppress criticism or competition rather than to protect a genuine copyright interest — consulting with a copyright attorney can help you evaluate whether a § 512(f) claim against the filer is warranted.

Responding to a DMCA Notice That Includes a Demand for Payment

Some DMCA takedown notices — particularly those sent by copyright enforcement agencies and law firms representing stock photo companies — include a demand for payment. These notices are sometimes called “copyright trolling” or “demand letters.” Receiving one of these is not automatically a cause for alarm, but it requires careful handling.

Do not ignore the demand. Do not pay without first evaluating the legitimacy of the claim and whether the requested amount is reasonable. Consulting with a copyright attorney before responding is strongly advisable. In some cases, the original copyright claim is legally defective; in others, the demand substantially exceeds any realistic damages exposure, and a negotiated settlement at a lower amount is achievable.

Contact the Attorneys at Revision Legal

If you have questions or need legal advice, contact the experienced attorneys at Revision Legal. Our team handles copyright law matters for businesses and individuals nationwide. Call us at (855) 473-8474 or use the contact form on our website.