DMCA Takedown Notice Lawyer

The Digital Millennium Copyright Act (DMCA) is a law enacted in 1998 that provides copyright owners with a streamlined process to remove online copyright infringements. 

Under Section 512 of the DMCA a copyright owner can send a DMCA takedown notice to an online service provider which is hosting copyright infringing content.  When a copyright owner sends a proper DMCA takdown notice, which complies with all of the technical requirements laid out in the statute, then the online service provider has an obligation to remove or disable access to the copyright infringement in an expeditious manner. 

A DMCA lawyer can help you understand whether filing a DMCA takedown notice is the best course of action.  When considering whether to file a DMCA complaint there are often considerations regarding strength of the copyright owner's rights along with possible defenses that the copyright infringer may raise such as fair use. 

It is critical to obtain an opinion from a DMCA attorney about these sticky copyright issues before filing a DMCA 512 takedown notice because a party who files a DMCA complaint and knowingly makes a material misrepresentation can be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer in defending against the improper DMCA takedown notice. 

Walton Law Firm has experience sending and responding to DMCA takedown notices and counseling clients about copyright infringement liability.