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[LETTERHEAD INCLUDING CONTACT INFORMATION]

1. We write this letter [as the owner / on behalf of [COPYRIGHT OWNER]] (the "Copyright Owner") and provide notice of copyright infringement under Section 512(c) of the Digital Millennium Copyright Act (the "DMCA").[ We are authorized to act on behalf of the Copyright Owner.]

2. The Copyright Owner owns copyrights in the works listed below (the "Works"):

[NAME OF WORKS, INCLUDING ANY REGISTRATION NUMBERS]

3. Your service provides access to materials that infringe upon the Works. The following is a list of the infringing materials and the URLs where those materials may be found:

[DETAILS OF INFRINGING MATERIALS ALONG WITH URLs]

4. We have a good faith belief that the use of the Works in the manner described in this letter is unauthorized by the Copyright Owner or any agent of the Copyright Owner or any applicable law.

5.  We swear that the information contained in this notification is accurate and we swear under penalty of perjury that we are[ authorized to act on behalf of] the Copyright Owner.

6. We request that you remove access to the infringing materials as set forth in the DMCA. Please contact us no later than one week from the date of this letter to confirm that the infringing materials have been removed.

[SIGNATURE AND FULL CONTACT INFORMATION, INCLUDING MAILING ADDRESS, PHONE NUMBER, AND EMAIL ADDRESS]

Overview

The Digital Millennium Copyright Act [DMCA] is a U.S. law that amended parts of the Copyright Act of 1976. One of the most important and The Section 512 of the Copyright Act is a federal law that allows online service providers to avoid liability for copyright infringement based on their users' actions. The DMCA creates a safe harbor for online service providers [OSP] to avoid liability for infringing works posted by their users. Depending on what type of activity the OSP engages in, there are different requirements for qualifying for the DMCA safe harbor.The Digital Media Law Project offers a high-level overview of the DMCA safe harbor requirements for different OSP.

In order to qualify for the safe harbor provisions, the OSP must comply with properly-written DMCA takedown notices.

For a DMCA takedown notice to be effective, it must be:

  1. in writing;
  2. and sent to the OSP's designated agent.

The body of a DMCA Takedown Letter can easily be separated into the following six or seven distinct sections — six or seven, because the first two are easily, and typically, combined:

  1. Introduction — The complaining party’s contact information, enough to allow the OSP to contact the complaining party
  2. DMCA Notice — Explicit notice of alleged copyright infringement under §512(c) of the DMCA.
  3. Identification of Copyrights — Identification of the copyrighted works that the complaining party claims to have been infringed.
  4. Identification of Infringing Words — Identification of the materials the complaining party claims to be infringing.
  5. Statement of Good Faith Belief and Ownership or Authorization — A statement that the sender has a good faith belief that the information is accurate, that the infringing material is not authorized by the copyright owner or the law, and that the sender is the owner of the identified copyrighted works, or authorized to act on behalf of the copyright owner.
  6. Removal Request — A request by the complaining party that the OSP take down the infringing material.
  7. Response Request — A request by the complaining party that the OSP responds to the Takedown Letter.

Finally, the letter needs to be signed with a physical or electronic signature of the copyright owner or someone authorized to act on behalf of the owner.

The Copyright Alliance provides a little more detail on the above requirements. For a DMCA takedown notice to be effective, it must substantially meet the above requirements.

Upon receiving an adequate takedown notice, the OSP should take steps to promptly remove the allegedly infringing materials and notify the complaining party that the materials have been removed pursuant to a DMCA takedown notice.

If the affected user disagrees that the material is infringing, that user will have an opportunity to respond with a counter-notice.