DMCA COMPLIANCE REQUIREMENTS

What Is The Digital Millennium Copyright Act (DMCA)?

What Is Required For A DMCA Take- Down Notice?

If an ISP receives a valid "take-down notices," it must remove any content for which a user cannot show ownership. A valid "take-down notice" would include the following from a copyright content owner:

•  A physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed upon;

• A description of where the material that you claim is infringing is located on the site;

• Your address, telephone number, and email address;

• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

• A statement by you, under penalty of perjury, the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

How To Respond To A DMCA Take-Down Notice?

In the event an ISP receives a valid "take-down notices," it must remove any content for which a user cannot show ownership. However, if a party believes their material was taken down mistakenly or otherwise misidentified, one may send the ISP a valid "counter-take-down notice." A proper counter "take-down notice" would include the following from the party who had material taken offline:

• Your physical or electronic signature;

• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;

• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);

• A statement under penalty of perjury, by you, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

• A statement that you will consent, to the jurisdiction of the Federal District Court, for the judicial district in which your address is located, (or if you reside outside the United States for any judicial district in which the website may be found) and that you will accept service from the person (or an agent of that person) who provided the website with the complaint at issue.

If your materials have been wrongfully removed from an Amazon, Google, or any other ISP, our Dallas DMCA attorneys can assist in getting your materials back online and available to the public.