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A DMCA take down notice is a letter sent to a company, web host, search engine, or any internet service company (ISP) that publishes, hosts or links to material that violates a party’s copyrights.
DMCA stands for Digital Millennium Copyright Act and falls under intellectual property law. A DMCA notices is a notice of copyright infringement and it requests that the violating material be taken down.
Elements of a DMCA take down notice include:
-It must identify the copyright owner and either include their signature or an authorized agent’s signature, their contact information (particularly their email), and a statement that includes that the information they have included in the DMCA take down notice is accurate, under penalty of perjury.
-The copyright owner must make it clear that the party in violation did not have authorization to use their material in the manner in which they did use it.
-It must identify the work that infringes upon the owner’s copyrights, usually by linking to the material in violation, so that web host or ISP can find the the material in violation and remove it.
What is a cease and desist letter?
A cease and desist letter is addressed to an individual or a business and demands that they stop illegal conduct and that they do not take those actions again. It is typically used as a warning that if ignored or if negotiations do not start, then the sender will begin moving towards litigation.
For more information about DCMA take down notices, send us a message.
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