Sending a DMCA takedown notice

The Digital Millennium Copyright Act (DMCA) is considered a very controversial piece of legislation. While I do not personally support some of the law, I have sent DMCA takedown notices when one of my other blogs had posts lifted verbatim and republished without my permission.

When someone steals content and publishes on it on a free publishing system such as Google’s blogger, you can contact the hosting company to have them remove the infringing materials.

Here is a sample DMCA takedown notice I put together by seeing some other examples on the web. I am not a lawyer so use at your own risk. Constantly trying to track down the theft of your posts probably won’t do much good anyway.

Subject: DMCA/Copyright Infringement Notice
Dear Sir or Madam:

I am writing to you as an agent of your company or website sole owner of copyright to articles written on your website.

A website hosted by your company on publishing system having the host name “hostname“ and the IP address , infringes upon our exclusive rights in a number of copyrighted works. The copyrighted work at issue is the text/video/audio/etc that appears where you publish and has been published without authorization at the URL and IP address indicated.

url of offending site

The above referenced URLs provide, without authorization, partial text of copyrighted works produced and owned by . Below, please find details regarding the infringing URL, and original URL for each of these copyrighted works.

offending URL
Owner’s (Our) URL: your URL

All of the listed infringements were observed between timestamp and timestamp

Please remove the referenced material from your service at once, and take other appropriate action against the account holder to prevent future infringement.

Pursuant to the Digital Millennium Copyright Act, this letter serves as actual notice of infringement in the event of legal proceedings. I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact me promptly to confirm the action you have taken.

your details

If you are sending your DMCA notice to Blogger, as I did, Google makes you fax your notice instead of using e-mail. I’m not sure why this is (other than to perhaps cut down on volume) as Yahoo, MS and others accept e-mailed DMCA takedown notices.

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