Handling a DMCA Takedown Notice

Jaffe Juice is another one of the many who has been forced to deal with a bogus DMCA takedown notice. For anyone out there who could potentially receive a takedown notice, bloggers and others hosting web content, it is a good idea to brush up on what your course of action is should you receive one of these notices. Take a look here to see how Jaffe handled the problem.

What sets Jaffe apart from some of the rest of those who have received takedown notices is that instead of blindly complying with the notice as many ISPs have been doing, he very easily gets to the bottom of the situation by contacting the copyright holder of the material and finds that there is no copyright infringement taking place. It is a good idea for anyone threatened by a DMCA takedown notice to follow Jaffe's example by first verifying that the notice is a valid one.

Here's what you should if the designated agent for DMCA take down receives a notice from a copyright owner alleging an infringement:

   1. Decide whether you can take advantage of the ISP liability limitation or whether the complaint should be handled in another way.
   2. If you qualify for the ISP or host limitation and wish to follow the law's detailed procedures, respond to the notice by giving notice to the owner of the page, taking down the allegedly infringing material and, in some cases, participating in the determination of whether fair use or some other exemption from liability may apply. If the page owner determines that it is appropriate to file a counter-notification, respond to the counter-notice and repost the material unless the complainer files an action to obtain a restraining order.
   3. If you cannot or do not wish to take advantage of the ISP limitation, respond to any allegation of infringement under copyright law.