Takedowns and DMCA Notices

Your photograph, illustration, text, video or software has been published without your permission on a website or platform. A takedown is the formal request asking the provider to remove or disable that content.

What the DMCA is, and what it is not

The Digital Millennium Copyright Act (DMCA) is a United States law. Its Section 512 created a notice-and-takedown system that lets copyright owners ask online service providers to remove infringing material.

• It is U.S. legislation, not a universal law.
• It applies only to copyright: it is not the route for trademark claims.
• A provider outside the United States is not obliged to act on it, although many do. Other countries have their own systems.

Who this is for

Authors and copyright owners, or people authorized by them: photographers, illustrators, writers, course creators, software developers and publishers.

What is included

• Assessment of the possible copyright infringement.
• Review of ownership, authorizations, licenses and evidence.
• Identification of the specific works and URLs.
• Preparation and submission of the notice, where appropriate.
• Follow-up on responses and requests for information.
• Assessment of next steps after a rejection or a counter-notice.

Limits and warnings

• Only the copyright owner or an authorized representative may send a notice.
• Before sending a notice, we consider whether the use may be covered by a license, a legal exception or, in the United States, fair use.
• Anyone who knowingly makes a material misrepresentation in a notice may be liable for the resulting damages, costs and attorneys’ fees.
• The notice includes your contact details, which the provider may pass on to the reported party.
• If the reported party files a valid counter-notice, the provider may restore the content 10 to 14 business days later, unless the claimant reports that a court action has been filed. Deciding how to proceed requires assessment, because it would mean going to court and, where applicable, retaining a lawyer admitted in that jurisdiction.

Hypothetical example

Hypothetical example: a photographer finds twelve of his photographs on a blog hosted in the United States. Each URL is identified, authorship is verified with the original files, and the notice is sent to the provider’s DMCA agent listed in the U.S. Copyright Office directory.

Documents to start the assessment

• The exact URLs of the copied content.
• Your original work: files, metadata or earlier dated publications.
• Copyright registration, if any.
• Licenses granted and, if you act for someone else, the corresponding authorization.

How I work

1. Initial assessment. We review what was published, where, and which right may be affected.
2. Review of rights and evidence. We verify ownership, licenses, authorizations and proof.
3. Choice of route. We select the appropriate mechanism: platform, provider, search engine or direct demand.
4. Authorized preparation and filing. I prepare the claim and file it only with your express authorization.
5. Follow-up. I handle responses, requests for information and rejections.
6. Next steps. If there is a counter-notice, a re-upload or a refusal, we assess the alternatives.

Frequently asked questions

• Do I need to register my work in the United States? Not to send a notice. For U.S. works, registration is required before suing in federal court.
• How quickly is content removed? The law requires providers to act expeditiously but sets no fixed deadline, and timing varies by provider. No timeframe can be guaranteed.
• Can I use it to remove photos of me? Only if you own the copyright in the photo, for example if you took it yourself. Otherwise, other routes may exist.
• What if the DMCA does not apply? Other options are assessed: platform policies, the law of another country or a direct demand.

Request an assessment

More services under Brand and Content Protection Online.

Sending an inquiry does not mean the engagement has been accepted, nor does it automatically file a claim. The information on this page is general and is no substitute for an analysis of each case.