What is DMCA? The DMCA is a law from the United States that first appeared in October 1998. This law deals with violations of the copyright of content or Website content in digital works. Not only that, but this law also covers the production or manufacture and distribution of software used to carry out copyright infringement of digital works. This law also guarantees the security of several online service providers, including internet providers, from copyright infringement penalties.
The DMCA is a law that protects your content from theft. If someone steals, traces, or even recognizes your content as their own in any way, and the DMCA can help you to reduce it.
There have been several cases of misuse of the DMCA. Where large websites such as Hotfile, Megaupload, and Grooveshark use the DMCA for their benefit. Therefore, we will also discuss several ways you can do if you get a warning to downgrade the Website content of the DMCA.
Over the past decade, the DMCA has become a procedure that must be understood by bloggers, webmasters, and hosts so everyone can take care of their Website content. Besides, they also need to know how to handle complaints or notices when others send them. According to Google’s transparency report, requests to remove content because the copyright has increased rapidly.
How The DMCA Works For Website Content
DMCA protection can be used for various types of content, both text, images, audio, and video. If you create all of these contents, you certainly have full rights to these contents.
Checking regularly to see if your content is used for things that are illegal or stolen is very important to do. If you find that someone has uploaded your content to their website without your permission, you can file a DMCA takedown notice to issue a removal warning to the Internet provider hosting the site. The DMCA removal service helps you submit your notifications and some can even bring down your stolen content directly for a fee.
At this point, it is essential to note that several types of content are not included in the DMCA umbrella. For example, if you cannot file a DMCA complaint about things like names, ideas, appearance, or competing trademarks.
Not only that, the DMCA is a law that belongs to the United States – this law cannot always work in other countries. But you don’t need to worry because some states have laws in their respective countries that are the same or similar to the DMCA. Australia, New Zealand, India, and European countries have copyright protection laws for digital content. Although the laws may vary from country to state, it is still highly likely that you can request removal or reduction of stolen content on a website whose hosting is outside of the United States.
Why Do We Need a DMCA?
One good reason to use the DMCA is its accessibility factor. Anyone can protect their content or data through the DMCA removal service. The process is also actually easy to follow and can usually be taken care of in a short time. The procedure itself is entirely free, so you as a content owner, don’t need to hire a lawyer or even pay court costs if copyright content violations occur.
One of the best things about this is that even if you don’t have a registered copyright, you can still request DMCA protection. DMCA protection covers all types of content that can be violated online. This includes personal data, content (images, audio, video, etc.), even including software.
Keep in mind, and the DMCA is a method of content protection after a violation of rights to your content. DMCA is not a prevention method. Even so, you can have an election to get a DMCA badge or symbol on your website that can be a warning so people will think twice before having bad intentions to steal your content.
What Should You Do If You Get a Takedown Notice of Website Content?
Now, what if you get a DMCA warning? You might get a notice, and you feel that your content is not classified as infringing on any copyright. There are several things you can do.
First, read carefully the email that you have received. Try to see if they include steps you can take to submit a counter-notice, whether DMCA contact information is available and whether they are concerned about your entire website or just some content.
If the provider does not provide you with a warning letter, you can request it by contacting their DMCA agent. This warning letter usually contains information about the party that violates the copyright. The content they feel you infringed, as well as information about the original content.
If you have received this letter, there isn’t much you can do except try to get the content down from your website. But if you feel you have not violated your copyright, you can submit a DMCA Counter-Notice. A proper counter-notice must contain the following four elements:
- Your name and contact information
- Your signature – both digital and physical
- Identify content that is considered infringing before the material is taken down
- A statement that you feel the content is not stolen content
You can make your draft or use the templates available to write your counter-notice. After submitting it, if the party submitting the DMCA warning does not take legal steps within ten business days. Your internet service provider must return your content.
In this article, we have explained about the DMCA protection, procedures. And told what you need to do to issue a notice of removal from your duplicated Website content. The DMCA makes it easy for content owners to deal with the use of their illegal content. By allowing them to submit DMCA takedown notices to Internet service providers from infringing parties.