How to Send a DMCA Takedown Notice
• Be signed by the copyright owner or agent; your electronic signature is OK;
• Identify the copyrighted work that you claim has been infringed (or a list of infringements from the same site);
• Identify the material that is infringing your work;
• Include your contact info;
• State that you are complaining in “good faith;”
• State that, “under penalty of perjury, that the information contained in the notification is accurate;”
• State that you have the right to proceed (because you are the copyright owner or the owner’s agent).
Here are the basic steps in the process.
1. Copyright Owner Investigates. A copyright owner should always conduct an initial investigation to confirm both (a) that they own the copyright to an original work and (b) that the content on Junior Entrepreneurs is unauthorized and infringing.
Example: An employee of Acme Web Company finds some of the company’s code in a Junior Entrepreneurs / . Acme Web Company licenses its source code out to several trusted partners. Before sending in a take-down notice, Acme should review those licenses and its agreements to confirm that the code on Junior Entrepreneurs / is not authorized under any of them.
2. Copyright Owner Sends A Notice. After conducting an investigation, a copyright owner prepares and sends a takedown notice to Junior Entrepreneurs / . Assuming the takedown notice is sufficiently detailed according to the statutory requirements (as explained in before), we will post the notice to our public repository and pass the link along to the affected user.
3. Junior Entrepreneurs Asks User to Make Changes. If the notice alleges that the entire contents of a repository infringe, we will skip to Step 6 and disable the entire repository expeditiously. Otherwise, because Junior Entrepreneurs cannot disable access to specific files within a repository, we will contact the user who created the repository and give them approximately 24 hours to delete or modify the content specified in the notice. We’ll notify the copyright owner if and when we give the user a chance to make changes.
4. User Notifies Junior Entrepreneurs of Changes. If the user chooses to make the specified changes, they must tell us so within the approximately 24-hour window. If they don’t, we will disable the repository (as described in Step 6). If the user notifies us that they made changes, we will verify that the changes have been made and then notify the copyright owner.
5. Copyright Owner Revises or Retracts the Notice. If the user makes changes, the copyright owner must review them and renew or revise their takedown notice if the changes are insufficient. Junior Entrepreneurs will not take any further action unless the copyright owner contacts us to either renew the original takedown notice or submit a revised one. If the copyright owner is satisfied with the changes, they may either submit a formal retraction or else do nothing. Junior Entrepreneurs / will interpret silence longer than two weeks as an implied retraction of the takedown notice.
6. Junior Entrepreneurs / May Disable Access to the Content. Junior Entrepreneurs / will disable a user’s content if: (i) the copyright owner has alleged copyright over the user’s entire repository (as noted in Step 3); (ii) the user has not made any changes after being given an opportunity to do so (as noted in Step 4); or (iii) the copyright owner has renewed their takedown notice after the user had a chance to make changes. If the copyright owner chooses instead to revise the notice, we will go back to Step 2 and repeat the process as if the revised notice were a new notice.
7. User May Send A Counter Notice. We encourage users who have had content disabled to consult with a lawyer about their options. If a user believes that their content was disabled as a result of a mistake or misidentification, they may send us a counter notice. As with the original notice, we will make sure that the counter notice is sufficiently detailed (as explained in the how-to guide). If it is, we will post it to our public repository and pass the notice back to the copyright owner by sending them the link.
8. Copyright Owner May File a Legal Action. If a copyright owner wishes to keep the content disabled after receiving a counter notice, they will need to initiate a legal action seeking a court order to restrain the user from engaging in infringing activity relating to the content on Junior Entrepreneurs / . In other words, you might get sued. If the copyright owner does not notify Junior Entrepreneurs / within 10-14 days that it has initiated a legal action, Junior Entrepreneurs / will reenable the disabled content.
What If I Inadvertently Missed the Window to Make Changes?
We recognize that there are many valid reasons that you may not be able to make changes within the approximate 24-hour window we provide before your repository gets disabled. Maybe our message got flagged as spam, maybe you were on vacation, maybe you don’t check that email account regularly, or maybe you were just busy. We get it. If you respond to let us know that you would have liked to make the changes, but somehow missed the first opportunity, we will re-enable the repository one additional time for approximately 24 hours to allow you to make the changes. Again, you must notify us that you have made the changes in order to keep the repository enabled after that 24-hour window, as noted above in Step 4. Please note that we will only provide this one additional chance.
It is the policy of Junior Entrepreneurs / , in appropriate circumstances and in its sole discretion, to disable and/or terminate the accounts of users who may infringe upon the copyrights or other intellectual property rights of Junior Entrepreneurs / and/or others.
Before You Start
Tell the Truth. The DMCA requires that you swear to your counter notice under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration. (See U.S. Code, Title 18, Section 1621.) Submitting false information could also result in civil liability—that is, you could get sued for money damages.
Investigate. Submitting a DMCA counter notice can have real legal consequences. If the complaining party disagrees that their takedown notice was mistaken, they might decide to file a lawsuit against you to keep the content disabled. You should conduct a thorough investigation into the allegations made in the takedown notice and probably talk to a lawyer before submitting a counter notice.
You Must Have a Good Reason to Submit a Counter Notice. In order to file a counter notice, you must 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.” (U.S. Code, Title 17, Section 512(g).) Whether you decide to explain why you believe there was a mistake is up to you and your lawyer, but you do need to identify a mistake before you submit a counter notice. In the past, we have received counter notices citing mistakes in the takedown notice such as: the complaining party doesn’t have the copyright; I have a license; the code has been released under an open-source license that permits my use; or the complaint doesn’t account for the fact that my use is protected by the fair-use doctrine. Of course, there could be other defects with the takedown notice.
If you are ready to submit a notice or a counter notice:
1. Include the following statement: “I have read and understand Junior Entrepreneurs / Guide to Filing a DMCA Notice.” We won’t refuse to process an otherwise complete complaint if you don’t include this statement. But we’ll know that you haven’t read these guidelines and may ask you to go back and do so.
2. Identify the copyrighted work you believe has been infringed.
3. Identify the material that you allege is infringing the copyrighted work listed in item #2, above.
4. Explain what the affected user would need to do in order to remedy the infringement.
5. Provide your contact information. Include your email address, name, telephone number and physical address.
6. Provide contact information, if you know it, for the alleged infringer.
7.Include the following statement: “I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law.”
8. Also include the following statement: “I swear, under penalty of perjury, that the information in this 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.”
9. Include your physical or electronic signature.
How to Submit Your Complaint
The fastest way to get a response is to send an email notification to podrska@Junior Entrepreneurs / . You may include an attachment if you like, but please also include a plain-text version of your letter in the body of your message.