I Found My Copyrighted Material on Social Media. Now What?
In the era of ubiquitous social media, artists, musicians, and content creators of all kinds regularly face a similar predicament: how to address unlicensed use of their works on such platforms. Whether on Facebook, YouTube, Twitter, or Instagram, users can easily copy and post copyrighted material without consent from the owner. It might be impossible to stop this practice wholesale, but copyright owners still have avenues for recourse. In this article, we’ll talk about one of the most effective routes for addressing copyright infringement on social media, the Digital Millennium Copyright Act (“DMCA”).
What is the DMCA?
Passed in 1998, the DMCA establishes protections for both copyright owners and content hosting entities like web sites, search engines, web hosts, and internet service providers (“ISPs”). Under the DMCA, copyright owners and their agents can request the removal of unlicensed, user-posted material from internet sources by submitting “takedown notices” to companies hosting infringing content. So long as they respond to and comply with these DMCA notices, the hosts are protected from copyright infringement claims based on content posted by their users and customers.
It’s important to note that copyright owners can enforce their rights under the DMCA without having registered the underlying material with the US Copyright Office. In the US, copyrights are established at the moment works are created and registration is not required for activating copyright protections. Additionally, under certain circumstances, persons other than the copyright owner can submit DMCA notices. For example, if a Facebook user posts a picture or video of a person without that person’s consent, the individual can submit a DMCA notice and request that the content be removed.
How do I submit a DMCA takedown notice?
The first step in submitting a DMCA notice is determining the appropriate party to contact. Most major websites and online service providers have designated departments for receiving and responding to DMCA takedown requests. Contact information for these departments and instructions for submitting requests are often easily accessible on their websites. In the case of social media platforms and major search engines like Google, identifying the proper contact is as easy as searching for the company’s DMCA request page. For your convenience, we’ve included links to the DMCA pages for some popular websites and social media outlets below.
What should I include in my DMCA takedown notice?
Once you have identified the right party to contact, you will need to draft a formal DMCA notice. There are a few items that must be included in your takedown request:
- The identity and location of the infringing material that you are trying to remove. This can be submitted as a URL and a specified description of the content at issue.
- Your contact information such as name, number, email address, and any other means by which you would like to receive communications regarding the request.
- A good-faith statement that you are the owner of the material or are otherwise authorized to submit the request and that use of the content has not been authorized.
- A statement that all of the information contained in the request is truthful. Remember that you can liable for perjury if any information in your request is deliberately false.
- Your physical or electronic signature.
After preparing the notice with the above requirements, you can either submit it to the designated DMCA agent via email or through an online form that has been created by the platform to accept such requests. Often, these issues will be dealt with quickly, as part of the safe harbor is the timely removal of copyrighted material after a proper notice has been issued. Because this rule is a safe harbor for companies hosting content, they have a vested interest in maintaining their safe harbor status. If you need to contact a company about content and can’t find a link on their website, you can access the US Patent and Trademark Office’s directory of DMCA registered agents, located here.
Final Thoughts
The DMCA provides creators with clear avenues for enforcing their copyrights and limiting use of their content on the internet. However, there are some nuanced limitations. For example, an alleged infringer might claim that their use of the content falls under the doctrine of “fair use,” which allows for unlicensed use of copyrighted materials under certain circumstances. If you want to ensure that your DMCA request is properly submitted and has the highest likelihood of being accepted, an attorney specializing in copyright matters, such as LNK Law can assist you in analyzing, preparing, and submitting your case.