The DMCA Takedown Notice Demystified - SFWA (2022)

by Ken Liu

Many writers have heard of the “DMCA takedown notice” but not everyone understands what it is. In this post, I’ll try to explain the basics and give you some ideas about how to use the tool to protect your rights and how to respond if you’re on the receiving end of one that you consider to be without merit.

As usual, note that although I am a lawyer, the following is offered for education and information purposes only and does not constitute legal advice. Always consult a copyright lawyer for your individual circumstances.

Also, in the following discussion, I refrain from commenting on whether the DMCA takedown notice process implements wise policy. I describe the law as it is, not as it ought to be (or I wish it to be).

What is it?

(Video) Harlan Ellison | Wikipedia audio article

The so-called “DMCA take down notice” is a creature of Title II of the Digital Millennium Copyright Act (“DMCA”). It added Section 512 to Title 17 of the United States Code (Copyright), which basically exempts certain online service providers (“OSPs” or sometimes “ISPs”) from liability for copyright infringing acts by its users, provided it meets certain conditions (such as being responsive to copyright holders when given notice of infringement on the network the OSP controls).

The definition of an OSP for purposes of the DMCA is quite broad: “a provider of online services or network access, or the operator of facilities therefor.” 17 USC §512(k)(1)(B). This would include most sites that offer user-generated content such as web hosting companies, blogging platforms (LiveJournal, Blogger, Tumblr), discussion forums, and so on.

Among the conditions that an OSP must meet to be exempt from liability are:

  1. No actual or constructive knowledge of infringing behavior (this basically excludes any site that maintains editorial control over the posted content, such as a moderated fanfiction site);
  2. No financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity;
  3. When given a proper notice of infringing material being posted on its network, the OSP “responds expeditiously to remove, or disable access to, the material that is claimed to be infringing.”

17 USC §512(c)(1).

It is the notification referred to in (3) above that has become known as the “DMCA takedown notice.” In brief, when an OSP receives such a notice from a copyright holder, it is required to remove or disable access to the accused material in order to avoid being held liable itself.

So if I find someone stealing my story and posting it on their blog, I can just get the blog hosting company to take it down? Why would they act against their customer to help me?

The OSP is incentivized to take down material that is claimed to be infringing in two ways.

First, complying with your request shields it from being held as a contributory or vicarious infringer if you’re right about your claim.

Second, the DMCA also shields the OSP from liability to its customer if the material is held ultimately not to be infringing. 17 USC §512(g)(1) (“a service provider shall not be liable to any person for any claim based on the service provider’s good faith disabling of access to, or removal of, material … regardless of whether the material or activity is ultimately determined to be infringing”).

So, yes, they will listen to you (but see more on overseas sites below).

This sounds like a really good way to get rid of pirates.

Compared to the normal legal process for getting an injunction to remove an infringing copy from the network, which takes a long time and an enormous amount of resources, a DMCA takedown notice is fast, simple, and can be drawn up by a copyright holder without the help of a lawyer. It really is very powerful.

Moreover, you can issue takedown notices not only for the infringing material itself, but also “information location tools” pointing to the material—including “directory, index, reference, pointer, or hypertext link.” 17 USC §512(d).

However, note that many dedicated piracy sites are hosted overseas, outside the reach of US law enforcement. In such cases, a DMCA takedown notice is likely to be ignored.

So what does a takedown notice look like?

A DMCA takedown notice only has to contain a few pieces of information, and there is no set format. Basically, you write up a letter requesting that the OSP remove or block the offending pages and include the following pieces of information in the letter:

  1. Your signature (assuming you’re the copyright holder or you’re authorized to act for the holder);
  2. Identification of the work that is infringed (or a representative list of such works), e.g., titles of your stories and URLs where they may be found;
  3. Identification of material that is infringing and which you wish to have taken down or blocked and enough information to allow the OSP to locate the material, e.g., an URL to the offending page;
  4. Ways for the OSP to contact you, such as an address, phone number, and an email (best to include all three);
  5. A statement that you have a “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”; and
  6. 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.”

17 USC §512(c)(3).

Where do I send this notice?

The DMCA requires OSPs to provide the Register of Copyrights with the contact information of a designated agent specifically set up to receive takedown notices. And the Register of Copyrights has published this directory of agents online: http://www.copyright.gov/onlinesp/list/a_agents.html

When you find that someone has infringed your copyright, you can go to this directory to find out where to send your takedown notice (they all have email addresses).

If the offending page is on a hosted blog like LiveJournal or Blogger, finding the right OSP is relatively easy. Sometimes, when the infringer is running a stand-alone web site, you’ll need to find the hosting company by conducting a WHOIS query or other similar technical investigation.

But what if I publish a parody or quote from a work as part of a fandom analysis? Aren’t those uses protected? Can the unhappy copyright holder of the original issue a takedown notice to my hosting company?

Indeed, the unhappy copyright owner in your hypotheticals can do so. Putting aside whether your “parody” or “analysis” is protected—a complicated question that requires case-specific analysis to answer—the OSP will not be liable to you for taking down your work in response to a properly drafted takedown notice as long as it does so “based on facts or circumstances from which infringing activity is apparent.” 17 USC §512(g)(1).

There are a lot of gray areas when it comes to “fair use” and related doctrines, and the OSP isn’t obligated to do much research. It can just take your page down if it looks like you’re infringing (and a parody or analysis with quotes will look like infringement).

Do I have any recourse if I know I’m not infringing?

You do. First, the DMCA provides for damages and attorney’s fees for “any person who knowingly materially misrepresents” the facts in a takedown notice. So someone who abuses the DMCA mechanism by lying to take down your page when they have absolutely no case is going to face some heavy sanctions. But “knowingly materially” is a pretty high bar to pass. Most cases of aggressive takedown notices won’t be so egregious.

In cases like the gray-area “parody” or “analysis” hypotheticals, if you, after consultation with copyright specialists, believe that you have a right to publish your allegedly infringing work, the DMCA provides for a “counter-notice” mechanism to put your page back up.

A counter-notice, which you send to the OSP after they inform you that they’ve taken your page down (something they’re required to do under 17 USC §512(g)(2)(A)), is also very simple, and needs to include only a few simple pieces of information:

  1. Your signature;
  2. Identification of the material that has been removed or blocked and where it used to be found, e.g., the URL of your page;
  3. A statement under penalty of perjury that you have “a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court applicable for your address and that you will accept service of process from person who issued the DMCA takedown notice (that is, you agree to be sued if it comes to that).

17 USC §512(g)(3). Note that you do not have to explain why you believe you have a right to post what you did.

After the OSP gets this counter-notice from you, it has to forward a copy of your counter-notice to the issuer of the DMCA takedown notice and inform them that the OSP will restore access to the removed material in 10 business days. And unless the DMCA issuer notified the OSP before then that they have filed an action in court seeking to restrain you from posting, the OSP must restore access to the removed material. 17 USC §512(g)(2).

Sum it up for me, please.

A DMCA takedown notice can be a cost-effective, quick, and powerful tool to remove material that infringes your copyright. In an age where electronic publication has made piracy an often-discussed topic, it gives individual authors more power to protect their rights. At the same time, the DMCA takedown mechanism has certain safeguards in place to protect the rights of those who have a right to publish material that is not infringing

by Ken LiuMany writers have heard of the “DMCA takedown notice” but not everyone understands what it is. In this post, I’ll try to explain the basics and give you some ideas about how to use the tool to protect your rights and how to respond if you’re on the receiving end of one that you consider to...

It added Section 512 to Title 17 of the United States Code (Copyright), which basically exempts certain online service providers (“OSPs” or sometimes “ISPs”) from liability for copyright infringing acts by its users, provided it meets certain conditions (such as being responsive to copyright holders when given notice of infringement on the network the OSP controls).. No actual or constructive knowledge of infringing behavior (this basically excludes any site that maintains editorial control over the posted content, such as a moderated fanfiction site); No financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; When given a proper notice of infringing material being posted on its network, the OSP “responds expeditiously to remove, or disable access to, the material that is claimed to be infringing.”. Your signature (assuming you’re the copyright holder or you’re authorized to act for the holder); Identification of the work that is infringed (or a representative list of such works), e.g., titles of your stories and URLs where they may be found; Identification of material that is infringing and which you wish to have taken down or blocked and enough information to allow the OSP to locate the material, e.g., an URL to the offending page; Ways for the OSP to contact you, such as an address, phone number, and an email (best to include all three); A statement that you have a “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”; and 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.”. Your signature; Identification of the material that has been removed or blocked and where it used to be found, e.g., the URL of your page; A statement under penalty of perjury that you have “a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court applicable for your address and that you will accept service of process from person who issued the DMCA takedown notice (that is, you agree to be sued if it comes to that).. After the OSP gets this counter-notice from you, it has to forward a copy of your counter-notice to the issuer of the DMCA takedown notice and inform them that the OSP will restore access to the removed material in 10 business days.

When it comes to writing and publishing content on the web, “copying” is not something to be taken lightly. You can’t go around stealing or copy/pasting other people’s images or content and using it as your own. Some instances of this might be OK, but you must either get permission or give proper at...

Generally, when your ISP or web hosting provider receives a DMCA complaint they will demand the removal of the content immediately, or do it for you.. After getting an email like this, some will just remove the content right away.. Please remove all copyrighted content belonging to [COMPANY] immediately otherwise we’ll have to proceed with filing a DMCA complaint.. The very first thing you have to do is find the person’s web host so that you know where to file the DMCA complaint.. The location of the content.. Although most hosting providers, regardless of location, will try to help.

When it comes to security, it’s not only your website that needs protection – the content on your website is pretty vulnerable, too.It takes a certain amount of skill, knowledge, and expertise for someone to hack into your website, not so much, though, to steal your content. Article Quick Links:What...

If you find that someone has uploaded your content on a website without your permission, then you can file a DMCA to issue a takedown notice to the Internet service provider that’s hosting the website.. DMCA takedown services help you file your notice, and some even take down your stolen content for a fee.. Depending on how they used your content, their use of your content may fall under fair use and hence not be subject to DMCA.. DMCA protection covers any type of content that can be infringed online i.e., digital content that does not fall under fair use.. A statement of good faith that they believe the content to be a copyright infringement and that they did not provide permission for the content to be uploaded.. Send the DMCA protection notice to the Internet service provider that is hosting the site infringing your content.. DMCA makes it easy for content owners to handle unauthorized usage of their content by allowing them to file a DMCA takedown notice with the infringing party’s Internet service provider.. Finally, notify the Internet service provider of the site that has infringed your content by sending them the DMCA takedown notice.

You can get kicked off a platform—and you can be sued—if your content infringes on someone else’s copyright.The Internet might seem like a great place for free and open exchange. But you aren't free to use content that belongs to someone else on digital formats like videos, blogs, and live streams—u...

But you aren't free to use content that belongs to someone else on digital formats like videos, blogs, and live streams—unless you've been given permission.. It not only protects owners of copyrighted material from infringement; it also protects the Internet Service Provider (ISP) and website operator (like YouTube, Facebook, and Twitch) from being sued by the creator of the content if a website user illegitimately posts copyrighted works on their sites.. For example, the authors of articles, videos, and music are the only ones who can license the work to others, like a music publishing company, which might get exclusive rights to distribute a musician's recording.. ISPs and web hosts can discover instances of copyright infringement using their own automated systems (more on that below), or when the owner of the copyright files a DMCA takedown notification.. Either way, the DMCA outlines a process for removing materials that infringe on a copyright, using what's called a DMCA takedown.. While the procedures vary, the one common denominator is that the law requires service providers to swiftly remove material that infringes on a copyright.. The DMCA protects these providers from lawsuits by the owners of copyrights only if they promptly remove the offending material.. The service provider might use its own algorithms to scan for music and videos that appear on its own and other sites, or the creator (or someone else with rights to the material) can file a takedown notification (also called a takedown request or takedown complaint) with the provider.. You have the right to contest a takedown notice when you believe you didn't infringe on a copyright, by filing what's called a counter notification.. Just as the ISP or website host is not required to judge the validity of a takedown notification, it's also not required to weigh the merits of your counter notification.. Upon receiving a counter notification, the service provider notifies the party that sent the takedown notification and, if they still believe you've infringed on their copyright, they have 14 days to file a lawsuit against you.

The European Union and each European country have a different "DMCA Takedown" process than the USA called the Notice and Takedown process.

If the stolen content is an image or video located on a website provide the direct link of the content contained in the site.. What is the content owner's name and how was the content stolen?. When content is removed from a website at the request of the owner of the content.. Note: although the Notice and Takedown is part of Copyright law, a Notice and Takedown does not require the content to be copyrighted in order for the request to have the content taken down acted upon by the website owner or ISP.. When copyright infringing content is removed or "taken down" from a website, by the website owner, upon receipt of a Takedown Notice from their ISP / Hosting company.. When copyright infringing content is removed or "taken down" from a website by the ISP or Hosting company of the website that is publishing the infringing content.

A "DMCA Takedown" is usually the legal notice that is sent by the infringed party to the infringing parties provide, website, host, isp, cdn etc. in e

A DMCA Takedown is when content is removed from a website or internet platform at the request of the owner of the content.. Any owner of content has the right to process a takedown notice against a website owner and/or an Online Service Provider (e.g. ISP, hosting company etc.). Note: although the DMCA is part of US Copyright law, a DMCA Takedown does not always require the content to be copyrighted in order to process a takedown notice and for the content to be taken down by the website owner or OSP.. What is the link that you want the content removed from?. Be sure to provide the URL or website/webpage link of the content you want removed.. If the stolen content is an image or video located on a website provide the direct link of the content contained in the site.. Was it from your own website?. Provide the exact URL where it was stolen from, even if the content has already been removed from it's original location.. If it was online such as a website or cloud storage provide the link to the exact page it was stolen from.. What is the content owner's name and how was the content stolen?. How is this content yours?. from a UCG (User Generated Content) Platform (like Facebook and TikTok), upon receipt of a DMCA Takedown Notice sent by or on behalf of the infringed content owner, distributor, publisher etc.. by the website owner, upon receipt of a DMCA Takedown Notice from the website owner's ISP / Hosting company.. by the website owner upon receipt of a DMCA Takedown Notice from the, or on behalf of, the content owner, distributor, publisher etc.. This Act directly addresses the takedown of (copyright) infringed content from a website which is publishing content in violation of copyright protection act or content being used without permission or not in accordance to the sworn statement of the content owner.

As a copyright owner, you can use something called the Digital Millennium Copyright Act (DMCA) takedown notice to take action against copycats, even if your copyright isn’t registered. *Keep in mind that you don’t own a copyright just because you are in a photo or video, or because you paid for the photos (say, from a photographer). […]

As a copyright owner, you can use something called the Digital Millennium Copyright Act (DMCA) takedown notice to take action against copycats, even if your copyright isn’t registered.. (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;(2) the nature of the copyrighted work;(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and(4) the effect of the use upon the potential market for or value of the copyrighted work.. Your signature, as the copyright owner or the person authorized to act on the copyright holder’s behalf Identification of the original, copyrighted work that you claim has been infringed/wrongfully posted; Identification of the material that is infringing/wrongfully posted & where it is located (perhaps by link or screenshot); Your contact information (email address, phone number, address, etc.. ); A statement that you have “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;” A statement that, “under penalty of perjury, that the information contained in the notification is accurate;” and A statement that you have the right to proceed, because you are either the copyright owner or the person authorized to act on the copyright holder’s behalf.. Specifically, I request that you: (a) notify the infringer of this letter, (b) inform the infringer of their duty to remove the infringing work immediately, and (c) demand that the infringer cease posting any infringing work to your server in the future.. I have a good faith belief that the use of the aforementioned copyrighted work(s) appearing on the website for which you are the designated DMCA agent is not authorized by the copyright owner, its agent, or by law.

Someone stealing your content or perhaps you received a DMCA notice? Check out our tutorial on how to properly handle or create a DMCA takedown notice.

The DMCA ( Digital Millennium Copyright Act ) is a United States copyright law focused on digital mediums that helps content owners get their stolen content removed in a fast and efficient manner.. A DMCA takedown notice applies to where the content is physically hosted.. For content hosted outside of the US, many hosting providers will still honor DMCA complaints, however, legally they are not obliged to comply.. One thing website owners tend to forget is that a DMCA takedown doesn’t require the content to be copyrighted in order to process the takedown or for the request to have the content taken down acted upon by the website owner or ISP.. DMCA protected (Image: DMCA ) The first thing you should know is how to deal with a DMCA takedown notice when it is filed against you.. Generally, when your ISP or web hosting provider receives a DMCA complaint they will demand the removal of the content immediately, or do it for you.. Physical or electronic signature Name, address, and phone number Identification of the material and its location before it was removed (URL) A statement that the material was removed by mistake or misidentification (remember you are liable) Consent to the jurisdiction of a federal court in the district where you live or where your service provider is located Consent to accept service of process from the party who submitted the takedown notice. Please remove all copyrighted content belonging to [COMPANY] immediately otherwise we’ll have to proceed with filing a DMCA complaint.. Remove content from Google search Remove Content From Bing Search

Policy — Some DMCA takedowns should never have happened. Ars looks at five of the … Jacqui Cheng - May 17, 2010 1:00 am UTC The Digital Millennium Copyright Act serves many purposes, some of which are good, but certain parts of it are ripe for abuse. The infamous DMCA takedown notice is at the top o...

These notices are meant to make it easy for content owners to have violations removed, and they do.. Geller tried to sue back, but eventually the two parties settled their dispute.. The cowboys began filing takedown notices with YouTube, claiming that the material was copyrighted.. This was a tenuous argument at best—although PRCA was involved in setting up some of the events, the footage itself was taken by SHARK and was therefore copyrighted by the animal rights group, not PRCA.. There are plenty of other examples of individuals or companies abusing the DMCA to quash criticism, fair use, or just plain random uses of content, which is not what the law was meant for.

When it comes to writing and publishing content on the web, “copying” is not something to be taken lightly. You can’t go around stealing or copy/pasting other people’s images or content and using it as your own. Some instances of this might be OK, but you must either get permission or give proper attribution. It […]

Today we’ll dive into how to properly handle a DMCA complaint against yourself as well as how to create a DMCA takedown notice.. The DMCA ( Digital Millennium Copyright Act ) is a United States copyright law focused on digital mediums that helps content owners get their stolen content removed in a fast and efficient manner.. A DMCA takedown notice applies to where the content is physically hosted.. For content hosted outside of the US, many hosting providers will still honor DMCA complaints, however, legally they are not obliged to comply.. One thing website owners tend to forget is that a DMCA takedown doesn’t require the content to be copyrighted in order to process the takedown or for the request to have the content taken down acted upon by the website owner or ISP.. Generally, when your ISP or web hosting provider receives a DMCA complaint they will demand the removal of the content immediately, or do it for you.. Physical or electronic signature Name, address, and phone number Identification of the material and its location before it was removed (URL) A statement that the material was removed by mistake or misidentification (remember you are liable) Consent to the jurisdiction of a federal court in the district where you live or where your service provider is located Consent to accept service of process from the party who submitted the takedown notice. Please remove all copyrighted content belonging to [COMPANY} immediately otherwise we’ll have to proceed with filing a DMCA complaint.. DMCA Takedown Template Here is a DMCA takedown template that we use.. Hopefully now you now know a little more about DMCA and how takedown notices work, both when filed against you and when you need to protect your own content.

A DMCA notice informs a company, web host, search engine or internet service provider that they are hosting or linking to material that infringes on a copyright

What is a DMCA Notice?2.. DMCA Notices and You A DMCA notice informs a company, web host, search engine, or internet service provider that they are hosting or linking to material that infringes on a copyright.. The DMCA covers any copyrighted material that could be infringed on the internet, including:. As long as these ISPs comply with DMCA notices and make reasonable efforts to stop copyright infringement , they are protected from infringement lawsuits.. Another perk for ISPs is that if the material in question turns out not to have infringed on a copyright, the ISP's customer — the person who posted the material in question — can't take legal action against the ISP for removing the content.. If you can't find the contact information for the web host or search engine online, you could attempt to send the notice via snail mail.. You can send a DMCA notice yourself, or you can hire a DMCA agent to do it for you.. Before you issue a DMCA notice, you might first try to contact the owner of the site with the copyrighted material in a friendly way.. Include your contact information.. This means that you have good reason to think that a copyright is being infringed and the content's owner — you — didn't give permission for the content to be posted by someone else.. If there is no online form available, be sure to send your notice in the way that the DMCA agent wants to receive it.. Hiring an Agent to Issue the Notice. Yes, this makes the notice invalid, but until you can be sure about who owns the content, remove it from your site.. It will state, under the penalty of perjury, that the material in question did not infringe on any copyrights and was removed from the website as a result of a mistake.. After you send the counter notice, the ISP for your site will have 14 days to replace the content that was removed.

You can get kicked off a platform—and you can be sued—if your content infringes on someone else’s copyright. Find out how to avoid a DMCA strike and what to do

The Digital Millennium Copyright Act (DMCA) requires ISPs and other Internet platforms to quickly remove content that infringes on a copyright.. Congress added the Digital Millennium Copyright Act (DMCA) to federal copyright laws (sometimes called the Online Copyright Infringement Liability Limitation Act) to address copyright infringement that occurs on the Internet.. It not only protects owners of copyrighted material from infringement; it also protects the Internet Service Provider (ISP) and website operator (like YouTube, Facebook, and Twitch) from being sued by the creator of the content if a website user illegitimately posts copyrighted works on their sites.. ISPs and web hosts can discover instances of copyright infringement using their own automated systems (more on that below), or when the owner of the copyright files a DMCA takedown notification.. The service provider might use its own algorithms to scan for music and videos that appear on its own and other sites, or the creator (or someone else with rights to the material) can file a takedown notification (also called a takedown request or takedown complaint) with the provider.. A competitor might file a false takedown notice; a takedown notice might be wrongly filed when you used a snippet of a video or of music (in most cases, using a short clip or brief recording of music is allowed under the law); or you might have a reason for using the material that falls under something called the fair use doctrine.. Upon receiving a counter notification, the service provider notifies the party that sent the takedown notification and, if they still believe you've infringed on their copyright, they have 14 days to file a lawsuit against you.

Sample Contracts and Business Agreements

Requests for Underwritten Shelf Takedowns Following the expiration of the Lock-Up Period, (A) At any time and from time to time when an effective Shelf is on file with the Commission, (i) Holders of at least a majority in interest of the then outstanding number of Registrable Securities held collectively by the Sponsor and Sponsor Equityholders (the “Demanding Sponsor Holders”) (ii) Holders of at least a majority in interest of the then outstanding number of Registrable Securities held collectively by the Eligible Comera Equityholders (the “Demanding Comera Holders” and together with the Demanding Sponsor Equityholders, the “Demanding Holders” and each, a “Demanding Holder”) may request to sell all or any portion of its Registrable Securities in an Underwritten Offering or other coordinated offering that is registered pursuant to the Shelf (each, an “Underwritten Shelf Takedown”) and (B) to the extent the Company is not eligible to use a Registration Statement on Form S-3 after twelve months after the date of this Agreement, the Demanding Holders may require the Company file a Registration on Form S-1 to effect an Underwritten Offering of all or any portion of its Registrable Securities (“Underwritten Demand Offering”); provided in each case that the Company shall only be obligated to effect an Underwritten Offering if such offering shall include Registrable Securities proposed to be sold by the Demanding Holder(s) with a total offering price reasonably expected to exceed, in the aggregate, $30 million or (y) all remaining Registrable Securities held by the Demanding Holder (the “Minimum Takedown Threshold”).. Notwithstanding anything to the contrary in this Agreement, the Company may effect any Underwritten Offering pursuant to any then effective Registration Statement, including a Form S-3, that is then available for such offering.. Any notice required or permitted to a Holder by the Issuers, the Subsidiary Guarantors or the Trustee pursuant to the provisions of this Indenture shall be deemed to be properly mailed by being deposited postage prepaid in a post office letter box in the United States addressed to such Holder at the address of such Holder as shown on the Debt Security Register.. Request for Demand Registration Subject to Section 6(a), at any time from and after the Initial Demand Registration Date, each of the Centerbridge Parties, the Paulson Parties and the Blackstone Parties shall have the right to make a written request to the Company (each requesting Holder, a “Demand Initiating Holder”) to register, and the Company shall register in accordance with the terms of this Agreement, the sale of the number of Registrable Securities stated in such request under the Securities Act on Form S-1 or any similar long-form registration (a “Demand Registration”); provided, however, that the Company shall not be obligated to effect: (i) more than two Demand Registrations in the case of each of the Centerbridge Holders, the Paulson Holders and the Blackstone Holders, (ii) a Demand Registration if the aggregate offering price of the Registrable Securities to be sold in such offering (including piggyback shares and before deduction of any underwriting discounts or commissions) is not reasonably expected to be at least $200 million, or (iii) during the pendency of an MNPI Reason Suspension Period or a Valid Business Reason Suspension Period.. In addition, the Company shall notify Parent promptly (but in no event later than 24 hours) after receipt by the Company (or any of its Representatives) of any Company Acquisition Proposal, any written indication from a Third Party that such Third Party is considering making a Company Acquisition Proposal or any written request for information relating to the Company or any of its Subsidiaries or for access to the business, properties, assets, books or records of the Company or any of its Subsidiaries by any Third Party that has indicated that it is considering making, or has made, a Company Acquisition Proposal.. Any material amendment to any Company Acquisition Proposal will be deemed to be a new Company Acquisition Proposal for purposes of the Company’s compliance with this Section 6.03(c).

Everything you need to know about DMCA protection, procedures and takedowns to protect your content and intellectual property.

DMCA protection applies to all types of content – text, images, audio, videos – and if you are the creator of the content, it rightfully belongs to you.. If you find that someone has uploaded your content on a website without your permission, then you can file a DMCA to issue a takedown notice to the Internet service provider that’s hosting the website.. DMCA takedown services help you file your notice, and some even take down your stolen content for a fee.. Depending on how they used your content, their use of your content may fall under fair use and hence not be subject to DMCA.. Though a safe harbor shields these service providers, they are still under obligation to take down any content that is infringing upon receiving a notice.. Anyone can protect their content or data through DMCA’s takedown services.. DMCA protection covers any type of content that can be infringed online i.e., digital content that does not fall under fair use.. A DMCA takedown notice is a pretty standard document that you send to a company notifying them of the infringing nature of the content that they are hosting.. A statement of good faith that they believe the content to be a copyright infringement and that they did not provide permission for the content to be uploaded.. Now that we have a fair grasp of all matters DMCA, let’s take a look at how you can file and issue a DMCA takedown notice.. Send the DMCA protection notice to the Internet service provider that is hosting the site infringing your content.. If you receive a DMCA notice and feel that your content does not infringe on copyrights, there are a couple of things that you can do.. DMCA makes it easy for content owners to handle unauthorized usage of their content by allowing them to file a DMCA takedown notice with the infringing party’s Internet service provider.. Finally, notify the Internet service provider of the site that has infringed your content by sending them the DMCA takedown notice.

To send an effective DMCA takedown notice, you must identify where to send the notice and work with an internet attorney to draft a comprehensive notice.

In situations involving the copyright infringement of your creative work, you can send an effective DMCA takedown notice by:. Taking screenshots of the infringing material/website to preserve the violation; Identifying where to send the DMCA notice/determining the copyright agent; Working with an experienced internet attorney to draft the DMCA notice in compliance with Section 512(c) of the Digital Millennium Copyright Act (DMCA); Sending the DMCA takedown notice to the perpetrator or ISP hosting the infringing material.. Taking screenshots to preserve evidence; Identifying where to send the notice; Tips for drafting the DMCA takedown notice; What to include in the DMCA takedown notice; What to expect in response to your DMCA takedown request; Risks of sending a DMCA notice.. The holder does so by sending a legal notice, known as a DMCA takedown notice or DMCA takedown request .. A DMCA takedown notice informs a person, business, search engine, web host, or other internet service provider (ISP) that they are hosting material on their webpage or platform that is infringing on an individual or business’s valid copyright.. These notices say, in a nutshell, that the recipient does not think that the materials on the site violate the DMCA – either because they are not copyrighted or because the recipient’s use of the materials is protected under the fair use exception to the DMCA.. Above we discussed what to include in a DMCA takedown notice, when is the right time to send it, and how to prove copyright infringement.. The DMCA provides “safe harbor” protections for ISPs who store infringing material, making them immune from copyright infringement liability as long as they closely adhere to the DMCA’s safe harbor provisions.. First , you will want to take screenshots of the infringing material or infringing website, since an effective DMCA takedown notice will cause the infringing material to be removed.. What to Include in a DMCA Takedown Notice Here are the items you (or your attorney) must include when drafting an effective DMCA takedown notice:

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