DMCA Takedown Notice should include the following:

-information about the copyright object

-information about what kind of material on the site infringes copyrights

-applicant’s contact information

-confirmation of the good faith of the applicant (information that, according to the information available to the applicant, the violator is not entitled to use the copyright object);

-confirmation that the information contained in the complaint is true, and the applicant has the right to act on behalf of the copyright holder;

-applicant’s electronic or physical signature (for DMCA purposes, a simple indication of the applicant’s name and surname is also considered an electronic signature).

How to send a complaint to a technical intermediary?

Many large platforms (social networks, information sites, etc.) have developed complaint forms. A link to this form can usually be found in the “Frequently Asked Questions” or “Support” section. As a rule, the form consists of questions, answering which the applicant submits to the resource administrator all the information mandatory for DMCA Takedown Notice. If the technical intermediary does not have a complaint form, the text of the complaint can be sent in any way convenient for the applicant (usually email is used).

What evidence does the applicant provide?

When the applicant informs the intermediary about the copyright object, the rights to which are violated, the applicant may (if necessary) attach evidence that the copyright to the object belongs to him.

If this is a book, the applicant - a representative of the publishing house - may provide a link to the official website of the publishing house with information about the published books. The proof will also be a link to a book page in an online store (with information about the publisher).

A complaint about the illegal use of a video clip (including a film) can be accompanied by a fragment of captions or a poster with information about the copyright holder.

If a complaint has been filed regarding a computer game, the applicant may provide a link to the official website of the developer company (including the page with the user agreement, which usually indicates the licensee company) or the game page in the online store. You can also use a professional DMCA Protection company that will correctly draw up an application and send it.

When should you file a complaint with a technical reseller?

The complaint to the technical intermediary is close to a “declaration of war." Use this tool is only when the copyright holder is fully confident that the use of the copyright object by the other party is illegal. In some cases, this is obvious, for example, if the violator uploaded an electronic copy of the book to a social network and gave others the opportunity to use it (read, upload to their own device, etc.). A similar example is the use of images owned by the copyright holder (in its original form) for website design.

However, in cases where the violation is not so obvious (for example, if the potential violator uses a logo similar to the logo of the copyright holder), you should first contact the potential violator directly. This will allow us to build a partnership dialogue and resolve the dispute more effectively.

Is it possible to protect yourself from an unreasonable complaint?

Since anyone can submit a DMCA Takedown Notice, there is a chance that the applicant will be an unscrupulous person, such as a competitor or former employee. It is important to remember: the technical intermediary is not a judge, he does not make a decision on whether the copyright object is legitimately used. Accordingly, there may be situations where, due to an error or dishonest behavior of the applicant, content that does not infringe on copyright will be deleted or blocked.

The DMCA stipulates that an unscrupulous applicant must compensate the injured party for any real damage (including the cost of a lawyer) caused by removing the copyright object or blocking access to it. However, in reality it is difficult to recover the indicated amount. This is also facilitated by the fact that when submitting a complaint, the applicant is not required to confirm his identity. He can use a fictitious name and address - and the injured party will no longer make a claim for damages.

Thus, it is impossible to protect yourself from an unreasonable complaint. However, it is worth noting: many large platforms (for example, the App Store or YouTube) have taken advantage of the fact that the DMCA does not set a deadline for deleting or blocking content. These platforms enable the parties to clarify the situation and resolve the issue through negotiations. In addition, the party against whom the complaint is submitted may provide
the platform with its explanations. If the issue cannot be resolved through negotiations, and the explanations of the party against which the complaint is filed are insolvent, the content is blocked.

DMCA Takedown Notice should include the following:

-information about the copyright object

-information about what kind of material on the site infringes copyrights

-applicant’s contact information

-confirmation of the good faith of the applicant (information that, according to the information available to the applicant, the violator is not entitled to use the copyright object);

-confirmation that the information contained in the complaint is true, and the applicant has the right to act on behalf of the copyright holder;

-applicant’s electronic or physical signature (for DMCA purposes, a simple indication of the applicant’s name and surname is also considered an electronic signature).

How to send a complaint to a technical intermediary?

Many large platforms (social networks, information sites, etc.) have developed complaint forms. A link to this form can usually be found in the “Frequently Asked Questions” or “Support” section. As a rule, the form consists of questions, answering which the applicant submits to the resource administrator all the information mandatory for DMCA Takedown Notice. If the technical intermediary does not have a complaint form, the text of the complaint can be sent in any way convenient for the applicant (usually email is used).

What evidence does the applicant provide?

When the applicant informs the intermediary about the copyright object, the rights to which are violated, the applicant may (if necessary) attach evidence that the copyright to the object belongs to him.

If this is a book, the applicant - a representative of the publishing house - may provide a link to the official website of the publishing house with information about the published books. The proof will also be a link to a book page in an online store (with information about the publisher).

A complaint about the illegal use of a video clip (including a film) can be accompanied by a fragment of captions or a poster with information about the copyright holder.

If a complaint has been filed regarding a computer game, the applicant may provide a link to the official website of the developer company (including the page with the user agreement, which usually indicates the licensee company) or the game page in the online store. You can also use a professional DMCA Protection company that will correctly draw up an application and send it.

When should you file a complaint with a technical reseller?

The complaint to the technical intermediary is close to a “declaration of war." Use this tool is only when the copyright holder is fully confident that the use of the copyright object by the other party is illegal. In some cases, this is obvious, for example, if the violator uploaded an electronic copy of the book to a social network and gave others the opportunity to use it (read, upload to their own device, etc.). A similar example is the use of images owned by the copyright holder (in its original form) for website design.

However, in cases where the violation is not so obvious (for example, if the potential violator uses a logo similar to the logo of the copyright holder), you should first contact the potential violator directly. This will allow us to build a partnership dialogue and resolve the dispute more effectively.

Is it possible to protect yourself from an unreasonable complaint?

Since anyone can submit a DMCA Takedown Notice, there is a chance that the applicant will be an unscrupulous person, such as a competitor or former employee. It is important to remember: the technical intermediary is not a judge, he does not make a decision on whether the copyright object is legitimately used. Accordingly, there may be situations where, due to an error or dishonest behavior of the applicant, content that does not infringe on copyright will be deleted or blocked.

The DMCA stipulates that an unscrupulous applicant must compensate the injured party for any real damage (including the cost of a lawyer) caused by removing the copyright object or blocking access to it. However, in reality it is difficult to recover the indicated amount. This is also facilitated by the fact that when submitting a complaint, the applicant is not required to confirm his identity. He can use a fictitious name and address - and the injured party will no longer make a claim for damages.

Thus, it is impossible to protect yourself from an unreasonable complaint. However, it is worth noting: many large platforms (for example, the App Store or YouTube) have taken advantage of the fact that the DMCA does not set a deadline for
deleting or blocking content. These platforms enable the parties to clarify the situation and resolve the issue through negotiations. In addition, the party against whom the complaint is submitted may provide the platform with its explanations. If the issue cannot be resolved through negotiations, and the explanations of the party against which the complaint is filed are insolvent, the content is blocked.