A DMCA Takedown Notice and a Cease and Desist Notice are two entirely different processes. DMCA.com can help you with both types of notice takedowns through the Professionally Managed Takedown service.
With the Professionally Managed takedown service we can help you decide whether your notice is best filed through the standard DMCA Takedown process, or if legal services are needed to file a Cease and Desist Notice. The DMCA Takedown is delivered because the infringing website is publishing content which is in violation of copyright protection act or being used without permission, according to the sworn statement of the content owner. A Cease and Desist can be used in cases of defamation, slander or other legal conditions.
DMCA.com provides two methods for takedowns
- DMCA.com's Professionally Managed takedown service. We do all the work for you, all you need to do is fill out our simple Takedown form. Takes less than 3 minutes. If you wish to perform a Cease and Desist this is the service to choose. Click here to get started Takedown Form
- DMCA.com's Do it Yourself takedown service. We provide all the tools the professionals use and you spend the time researching and processing the Takedown Application. DIY Services
With the Professionally Managed takedown service we can help you decide whether your notice is best filed through the standard DMCA Takedown process, or if legal services are needed to file a Cease and Desist Notice. The DMCA Takedown is delivered because the infringing website is publishing content which is in violation of copyright protection act or being used without permission, according to the sworn statement of the content owner. A Cease and Desist can be used in cases of defamation, slander or other legal conditions.
DMCA Fast Tip
Sending a takedown notice is a legal process that is upheld by the courts of law. Making and sending of false takedown notification is illegal and no small legal matter. The penalties of sending a false notice is perjury within the United States. Other jurisdictions treat the sending of false notices very seriously and are comfortable pursuing false claimants with significant vigor.
Who is authorized to file a DMCA Takedown?
Two parties are authorized to send a DMCA Takedown Notice:
- The owner of the content described in the takedown notice.
- An authorized agent of the owner of the content described in the takedown notice.
Furthermore, if the owner of the content chooses and agent to act on their behalf to send the takedown notice they must first swear by (legally state):
- They own the content contained in the takedown notice.
- They have authorized the agent to act on their behalf.
Note: DMCA.com requires this sworn statement from every one of its paying Professionally Managed Clients. See example here: Takedown Notice Sign up form - in order to complete this form users must legally swear they are authorized to submit a takedown notice. DMCA.com has also added the same safety feature within its DIY program. There are specific statements within the DIY takedown notice regarding abuse of the service.
Examples of content owners:
- copyright owners
- content publishers or distributors (with permission of the content or copyright owners)
- NFT owners
- code writers and publishers
- social media users and participants
- subject contained within the content and published without permission (special considerations may be required)
DMCA Takedown Testimonial
Dear DMCA, I am writing to let you know how elated I am with the results of your service. I have suffered for a very long time at the hands of a cyberstalker, and their malicious and false posts. Your persistence and professionalism have accomplished the desired results, and I can't thank you enough. Justice finally prevailed, and I couldn't have ever done it without the expertise of you and your staff. The hopelessness I've felt for the last couple of years has finally turned to joy! Thank you, thank you, thank you!!! - Anonymous
What does a DMCA Takedown do?
Most websites, ISP's, OSP's, hosting companies have adopted the DMCA Takedown process to handle requests for the removal of illegally hosted content on websites within their control. If you think you can use the DMCA takedown process to get your content removed. Click here to file a DMCA Takedown
As part of the U.S. copyright law, the DMCA addresses the rights and obligations of owners of copyrighted material who believe their rights under U.S. copyright law have been infringed, particularly but not limited to, on the Internet. DMCA also addresses the rights and obligations of OSP / ISP (Internet Service Providers) on whose servers or networks the infringing material may be found. This law clearly provides a framework, called the DMCA Takedown (Section 512 (c)(3)), for a process between two parties for the request and removal of copied content found online. For more information you can visit: www.copyright.gov/legislation/dmca.pdf.
If you want to learn more about DMCA Takedowns please see our other FAQ on this specific issue here What is a DMCA Takedown.
What do I need to use DMCA?
Three main pieces of information are needed to start your DMCA Takedown:
- Infringing URL - Where on the internet (or platform like Facebook or TikTok) is your stolen content located. What is the link?
- Source URL - Where was your content located when it was stolen? If it was not online you can reference cell phone, computer, cloud storage or camera etc.
- Description of Ownership - The owner's name and if you do know how was it stolen? How is this content yours? How do you own it? Created it, bought it, copyright etc. Who is claiming ownership of the content? Who is authorized to file the DMCA Takedown Notice?
If you need help, we can assist you with finding this information.
Related DMCA Takedown FAQ's
- What is the DMCA Protected Badge
- What is DMCA Protection
- What is DMCA Takedowns
- What is DMCA.com
- What is DMCA Protected Certificate
- What is DMCA Website Certificate
- What is DMCA Website Status Page and Protection Certificate