What Is The DMCA Notice and Takedown Process?
The DMCA notice and takedown process is a tool for copyright holders to get user-uploaded material that infringes their copyrights taken down off of websites. The process entails the copyright owner (or the owner’s agent) sending a takedown notice to a service provider requesting the provider to remove material that is infringing their copyright(s). A service provider can be an internet service provider (e.g., Comcast), website operator (e.g, eBay), search engine (e.g., Google), a web host (e.g., GoDaddy) or other type of online site-operator. There are several elements that should be included in a takedown notice that are specified by the copyright law. If most of these elements are not included, the service provider may refuse to take down the material. Even if a takedown notice meets all the legal requirements, the service provider still may refuse to takedown the material. However, if they fail to do so, then they open themselves up for potential secondary liability for assisting with copyright infringement.
1852. COPYRIGHT INFRINGEMENT -- PENALTIES -- 17 U.S.C. 506(A) AND 18 U.S.C 2319