The Anti-Abuse Project

How to file a valid DMCA complaint?

Posted on 03. Feb, 2009 by admin in Copyright

If you ever find that somebody is indecently using your copyrighted works on their web site(s), you shoud file a valid DMCA complaint. It is very important that your DMCA complaint contains all the necessary information and is also written in the proper form. Otherwise, the company you are sending your complaint to (usually the web hosting provider of the infringing web site) may not assist you and may even disregard your DMCA violation report.

The DMCA Section 512(c)(3)(A) requires that when reporting copyright infringement, the notice for it should contain the following elements:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Tags: complaint, copyright, DMCA