As written by the Association of Research Libraries in Washington, DC, “The Digital Millennium Copyright Act provides a “notice and take-down” process for infringing material. These provisions allow copyright owners to notify an Online Service Provider (OSP) of allegedly infringing material on the OSP’s system and require the OSP to remove or block access to such material after receiving such notice. A notice from a copyright owner must be in writing and must be signed by such copyright owner or his or her agent. The notification must include certain specified information, including an identification of the allegedly infringing material and information reasonably sufficient for the OSP to locate the material or the reference or link to it.”
Some website owners/webhosting companies will request that you fax a copy of the letter so they can have your signed signature. If you know how, you can include a copy of your scanned signature with your DMCA-compliant letter so you can email it. You can find more information by reading a “What Can You Do About Copyright Infringement?”copyright infringement article we’ve written.
We’ve listed a sample DMCA-compliant letter below: (replace the underlined text with your information)
Your Name Re: Infringing website URL Date To Whom It May Concern: It has come to my attention that at least (# of pages) webpage(s) on your server has(ve) infringed upon my copyright. My name is (your name) and I am the rightful owner of the website (your website name), of which the above named offending website has infringed upon our copyright without permission. I am sending the following, which includes information to meet the guidelines of the DMCA. Please see below: 1. Date and time, including AM or PM, and time zone, that the material was found. — Material was found on (date & time material was found). 2. Physical or electronic signature of a person authorized to act on behalf of the copyright owner. — See signature (include signature) 3. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved. – (Describe in short what material has been infringed upon and the URL on your website where it can be found): (List your URL here): http://www. 4. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page). (Describe the exact infringement, and list all the infringing URLS). 5. Information reasonably sufficient to allow the online service provider to contact he complaining party (mailing & email address). — See above. 6. Statement that the complaining party has “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.” — (you can use your own statement, or use ours: I have never heard of, nor have given this person/website authorization or permission to use any of the information from our website, on their website.) 7. Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner. — I authorize under penalty of perjury that I am the copyright owner, and the information that I have provided is true and accurate. (Here list what you want to happen, such as:) I am requesting that the infringing material be removed. Please let me know if there is any other information that you need in order to proceed. I hope for a quick resolution to this matter. Thank you so much for your time. I look forward to your reply. Sincerely, (Signature here) (Your name, title & website URLs) |
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