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DMCA Takedown Requests - How to
12 years ago
General
Hey there,
I've been seeing some people talking about finding other's using their artwork without permission, and not knowing how to/not being able to get it taken down. Instead of messaging each one of these people individually with the same information, I decided I'd just share my experiences with this in a post here.
First off, a DMCA (Digital Millenium Copyright Act) takedown request is a legally signed message sent to the web host or owner notifying them of content infringing your copyright, and requesting it be removed. I'd recommend contacting the website's owner first (Remember to be polite and professional - They may not realise one of their user's is violating copyrights). If the owner doesn't cooperate, then contact the web host/datacenter. - http://en.wikipedia.org/wiki/Digita....._Copyright_Act
Now, before you do file a DMCA you need to ask yourself if you actually hold the copyrights to the artwork. The artist who did the work should always have copyright claims, and be able to file a DMCA takedown request. However, if you were the commissioner, or received the artwork as a gift, you may or may not hold the copyright to the image - This depends on the artist's terms of service, and any agreements made while commissioning. If in doubt, contact the author and see if they can send the takedown request.
More information on the above, including how to find the webhost, can be found here: http://sarafhawkins.com/how-to-file.....kedown-notice/
Takedown requests require the following in order to be legally binding (Taken from the above URL at sarafhawkins):
• Be signed (whether in writing of via electronic signature) by the copyright owner or agent; (An 'electronic signature' in an email would be this on a separate line at the end: /s/Your Full Name Here)
• Identify the original copyrighted work (or works if there ar multiple) you claim has been infringed;
• Identify the material that is infringing your copyrighted work;
• Include contact information so the designated agent can reach you, if necessary; (Typically your email address is fine in emails, or mailing address if sent by mail. Even if its the same as the address you sent the message from, you must include it)
• Include a statement your complaint is in “good faith;”
• Include a statement the information in the notification is accurate; and
• Include a statement that under penalty of perjury you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Here's an example of a DMCA takedown request I sent to imgur, and one sent to facebook (Removed my real name and email):
Title: Copyrighted materials hosted on Imgur
To: abuse[at]imgur.org (Found in the copyright infringement section of their ToS)
Hello,
It has come to my attention that copyrighted artwork has been uploaded to your website, without any form of credit given to both the artist and the character's owner, and is being used to share this artwork on various websites, without proper credit provided to the artist and character's owner.
The artwork being infringed can be found here:
https://www.furaffinity.net/view/12117704/
https://www.furaffinity.net/view/12118579/
https://e926.net/post/show/403994
The infringing material can be located on your servers at this URL:
http://i.imgur.com/TGXCjOyh.jpg
The use of the material in this manner is not authorized by myself as the copyright holder. The information provided is accurate, and under penalty of perjury, I verify that I am the owner of the copyright being infringed.
You may contact me at email[at]live.com or through Imgur as SierraAR
/s/Sierra Blakely
Title: Copyrighted materials hosted on Facebook
To: ip[at]fb.com (Found in the copyright infringement section of Facebook's help pages)
Hello,
It has come to my attention that copyrighted artwork has been uploaded to your website, without any form of proper credit given to both the artist and the character's owner, and without permission of the artist or character's owner.
The artwork being infringed can be found here:
https://sfw.furaffinity.net/view/12417340/
https://sfw.furaffinity.net/view/12417645/
https://e621.net/post/show/423129
The infringing material can be located on your servers at these URLs:
https://www.facebook.com/kitsune.furry.5
https://www.facebook.com/photo.php?fbid=1375591342714494&set=a.1375591336047828.1073741825.100007909232484&type=1&theater
https://scontent-a-sea.xx.fbcdn.net.....10986323_n.jpg
The use of the material in this manner is not authorized by myself as the copyright holder. The information provided is accurate, and under penalty of perjury, I verify that I am the owner of the copyright being infringed.
You may contact me at email[at]live.com
/s/Sierra Blakely
So let's break down the above. First off, whenever I send any email to anyone that's not personal, I always start with 'Hello,'. That's just a thing I do, isn't necessary at all.
The first sentence basically informs them that copyright infringing content is one their servers, and that permissions was not granted to use this content (I also add that no proper credit was provided)
Next is a series of URLs to the original content (I.e., the artwork as posted on the artist's gallery profile, and your own if you aren't the artist)
Then we have the URLs linking directly to the content hosted on their webservers, and various pages you have found this content appearing on their servers. I.e., a facebook page post.
The final sentence is your legal declaration that the content is not authorized by yourself as the copyright holder (Or by the person you represent, if legally appointed to represent them). It's pretty much legal jargon stating everything is true, and that if they you're lying and they acted on the takedown request, there may be legal action taken against you.
Finally is the signature. For emails, sign with /s/Your Name Here. If it's a written letter, just sign it normally.
Hopefully this helps! I've been using this format for DMCA takedowns for awhile not, for both artwork and writing.
I've been seeing some people talking about finding other's using their artwork without permission, and not knowing how to/not being able to get it taken down. Instead of messaging each one of these people individually with the same information, I decided I'd just share my experiences with this in a post here.
First off, a DMCA (Digital Millenium Copyright Act) takedown request is a legally signed message sent to the web host or owner notifying them of content infringing your copyright, and requesting it be removed. I'd recommend contacting the website's owner first (Remember to be polite and professional - They may not realise one of their user's is violating copyrights). If the owner doesn't cooperate, then contact the web host/datacenter. - http://en.wikipedia.org/wiki/Digita....._Copyright_Act
Now, before you do file a DMCA you need to ask yourself if you actually hold the copyrights to the artwork. The artist who did the work should always have copyright claims, and be able to file a DMCA takedown request. However, if you were the commissioner, or received the artwork as a gift, you may or may not hold the copyright to the image - This depends on the artist's terms of service, and any agreements made while commissioning. If in doubt, contact the author and see if they can send the takedown request.
More information on the above, including how to find the webhost, can be found here: http://sarafhawkins.com/how-to-file.....kedown-notice/
Takedown requests require the following in order to be legally binding (Taken from the above URL at sarafhawkins):
• Be signed (whether in writing of via electronic signature) by the copyright owner or agent; (An 'electronic signature' in an email would be this on a separate line at the end: /s/Your Full Name Here)
• Identify the original copyrighted work (or works if there ar multiple) you claim has been infringed;
• Identify the material that is infringing your copyrighted work;
• Include contact information so the designated agent can reach you, if necessary; (Typically your email address is fine in emails, or mailing address if sent by mail. Even if its the same as the address you sent the message from, you must include it)
• Include a statement your complaint is in “good faith;”
• Include a statement the information in the notification is accurate; and
• Include a statement that under penalty of perjury you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Here's an example of a DMCA takedown request I sent to imgur, and one sent to facebook (Removed my real name and email):
Title: Copyrighted materials hosted on Imgur
To: abuse[at]imgur.org (Found in the copyright infringement section of their ToS)
Hello,
It has come to my attention that copyrighted artwork has been uploaded to your website, without any form of credit given to both the artist and the character's owner, and is being used to share this artwork on various websites, without proper credit provided to the artist and character's owner.
The artwork being infringed can be found here:
https://www.furaffinity.net/view/12117704/
https://www.furaffinity.net/view/12118579/
https://e926.net/post/show/403994
The infringing material can be located on your servers at this URL:
http://i.imgur.com/TGXCjOyh.jpg
The use of the material in this manner is not authorized by myself as the copyright holder. The information provided is accurate, and under penalty of perjury, I verify that I am the owner of the copyright being infringed.
You may contact me at email[at]live.com or through Imgur as SierraAR
/s/Sierra Blakely
Title: Copyrighted materials hosted on Facebook
To: ip[at]fb.com (Found in the copyright infringement section of Facebook's help pages)
Hello,
It has come to my attention that copyrighted artwork has been uploaded to your website, without any form of proper credit given to both the artist and the character's owner, and without permission of the artist or character's owner.
The artwork being infringed can be found here:
https://sfw.furaffinity.net/view/12417340/
https://sfw.furaffinity.net/view/12417645/
https://e621.net/post/show/423129
The infringing material can be located on your servers at these URLs:
https://www.facebook.com/kitsune.furry.5
https://www.facebook.com/photo.php?fbid=1375591342714494&set=a.1375591336047828.1073741825.100007909232484&type=1&theater
https://scontent-a-sea.xx.fbcdn.net.....10986323_n.jpg
The use of the material in this manner is not authorized by myself as the copyright holder. The information provided is accurate, and under penalty of perjury, I verify that I am the owner of the copyright being infringed.
You may contact me at email[at]live.com
/s/Sierra Blakely
So let's break down the above. First off, whenever I send any email to anyone that's not personal, I always start with 'Hello,'. That's just a thing I do, isn't necessary at all.
The first sentence basically informs them that copyright infringing content is one their servers, and that permissions was not granted to use this content (I also add that no proper credit was provided)
Next is a series of URLs to the original content (I.e., the artwork as posted on the artist's gallery profile, and your own if you aren't the artist)
Then we have the URLs linking directly to the content hosted on their webservers, and various pages you have found this content appearing on their servers. I.e., a facebook page post.
The final sentence is your legal declaration that the content is not authorized by yourself as the copyright holder (Or by the person you represent, if legally appointed to represent them). It's pretty much legal jargon stating everything is true, and that if they you're lying and they acted on the takedown request, there may be legal action taken against you.
Finally is the signature. For emails, sign with /s/Your Name Here. If it's a written letter, just sign it normally.
Hopefully this helps! I've been using this format for DMCA takedowns for awhile not, for both artwork and writing.
