Drafting a Takedown Notice

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Takedown notices are a quintessential tool for safeguarding intellectual property rights online. By sending a notice to websites and service providers, copyright holders can safeguard their ownership of work and protect against unlicensed or unauthorized use. But what exactly is a takedown notice and how does it work?

When crafted correctly, takedown notices act as a form of communication between the holder of copyright to any third-party hosting or sharing the copyrighted material – informing them that use of the material is not authorised by that person. In response to such notification, service providers are obliged to review whether any infringement has occurred and take appropriate action if necessary – such as removing infringing material from the platform or disabling access to it.

Not only do takedown notices bestow valuable protection to copyright holders, they also offer peace of mind for those providing services online by helping them comply with laws on copyright infringement whilst avoiding potential legal liability issues. Moreover, they offer a great opportunity for individuals who may be new to understanding how intellectual property rights operate online; with Genie AI providing free templates that can be used when drafting such notices – taking away the need for costly lawyers who may not understand the nuances required in these cases.

To ensure your takedown notice is effective in protecting your intellectual property online it’s important you follow correct practices throughout the process; like reviewing relevant guidelines or seeking help from other relevant resources first before crafting your notice. The Genie AI team have created an easy-to-follow guide below that takes you through step-by-step on drafting your own takedown notice without needing an account - so you can access our template library at no cost today! So why not read on below for more guidance?

Definitions

Infringing Content: Content that violates copyright law by reproducing, selling, or distributing the work of another person without permission.
Ownership: The legal right to possess, control, or use something.
Takedown Notice: A document sent to an online platform or service provider requesting the removal of infringing content.
Counter Notice: A document sent to an online platform or service provider to dispute a takedown notice.
Injunction: A legal order issued by a court that requires a person or entity to do or not do something.
Copyright Registration Certificate: A document issued by a government agency that certifies the registration of a copyright.

Contents

1. Identifying the Infringing Content
2. Search for the content using relevant keywords
3. Analyze the content to determine if it is an infringing copy of the original
4. Establishing Ownership of the Content
5. Collect evidence that demonstrates ownership of the content, such as copyright registration certificates
6. Gather evidence of the infringement, such as screenshots of the infringing content
7. Drafting the Takedown Notice
8. Determine which elements must be included in the notice
9. Compose the notice using language that clearly and accurately communicates the claim of ownership and infringement
10. Format the notice according to the requirements of the online platform or service provider
11. Submitting the Takedown Notice
12. Locate the appropriate contact information for the online platform or service provider
13. Submit the takedown notice by email, postal mail, or other means specified by the platform or provider
14. Monitor the response to the takedown notice and follow up if necessary
15. Responding to Counter Notices
16. Analyze the counter notice to determine if it is valid
17. Determine if additional action is necessary, such as filing a lawsuit or seeking an injunction
18. Follow the procedures specified by the online platform or service provider
19. Recording and Documenting the Process
20. Make copies of all correspondence related to the takedown process
21. Document the dates and results of each step taken
22. Preparing for Future Infringements
23. Monitor activity on the online platform or service provider to identify new infringements
24. Update registration documentation and other ownership records as necessary
25. Retaining Professional Assistance
26. Determine the scope of the infringement and the complexity of the takedown process
27. Research and review potential professionals who can assist
28. Following Up After the Takedown
29. Monitor the online platform or service provider to confirm that the infringing content has been taken down or blocked
30. Follow up with the platform or provider if necessary
31. Understanding the Limitations of the Takedown Process
32. Consider the limitations of the takedown process in relation to the scope of the infringement
33. Understand that the takedown process is not a guarantee of removal or prevention of future infringement

Get started

Identifying the Infringing Content

• Gather evidence of the infringing content including screenshots, URLs, or other documents
• Verify that the content is infringing and not permitted for use by the copyright holder
• Collect all relevant information about the content and the infringer, including the date of the infringement, the infringer’s name and contact information, and a description of the infringing content
• Make sure to save all evidence of the infringement in a safe place for later use

Once you have gathered all the relevant information and evidence of the infringing content, you can check this off your list and move on to the next step.

Search for the content using relevant keywords

• Use the keywords associated with the original content to search for the infringing content online
• Utilize different search engines such as Google, Yahoo, or Bing to look for the infringing content
• Check for the content on social media websites, blogs, and other websites
• When you find the content, make a note of the URL
• Make sure you have all the URLs associated with the infringing content before moving on to the next step

Analyze the content to determine if it is an infringing copy of the original

• Carefully review the content to determine if there is a clear violation of copyright law
• Ensure that the content is an exact or near-exact copy of the original content
• Compare the original content and the infringing content side-by-side to identify any differences
• Determine if the infringing content has been modified in any way
• Identify any potential fair use of the original content
• Once you have assessed the content and determined that it is an infringing copy of the original, you can move on to the next step of establishing ownership of the content.

Establishing Ownership of the Content

• Determine which works you own the copyright to and that are being infringed
• Collect evidence that shows you own the copyright to the work, such as copyright registration certificates
• Make sure that the evidence you have collected is valid and up-to-date
• When you have collected all necessary evidence to show that you own the content, you can move on to the next step.

Collect evidence that demonstrates ownership of the content, such as copyright registration certificates

• Gather any documents that demonstrate ownership of the content, such as copyright registration certificates
• Make sure that the documents are up-to-date and valid, as well as applicable to the content in question
• Confirm that the documents accurately reflect the ownership of the content
• Once you have the documents that demonstrate ownership, you can check this step off your list and move on to the next step.

Gather evidence of the infringement, such as screenshots of the infringing content

• Take screenshots of the content that you believe is infringing on your copyright.
• When possible, make sure to capture the URL of the infringing content in the screenshot.
• You can take multiple screenshots to capture more of the infringing content.
• When you have taken enough screenshots of the infringing content, you can move on to the next step.

Drafting the Takedown Notice

• Research the various methods of sending a Takedown Notice
• Draft the Takedown Notice according to the relevant laws
• Include the necessary information such as the infringed content, your contact information, and a statement of good faith
• Proofread and edit the Takedown Notice to make sure it’s accurate and clear
• Determine if and how the Takedown Notice should be sent (email, mail, etc.)
• When the Takedown Notice is complete, you can check this off your list and move on to the next step.

Determine which elements must be included in the notice

• Identify the infringing material: This includes information such as the URL or other location of the material, as well as a description of the material itself.
• Identify the copyrighted work: This includes the title of the work as well as the author or copyright holder.
• Specify the infringement: Explain how the infringing material violates your copyright.
• Provide contact information: Include your contact information so the web host or service provider can contact you with questions.
• Include a statement of good faith: This should be a statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright holder, its agent, or the law.

When you can check this off your list and move on to the next step:

• When all of the elements listed above have been identified and addressed in the notice.

Compose the notice using language that clearly and accurately communicates the claim of ownership and infringement

• Write a statement that clearly expresses the claim of ownership and infringement.
• Specify the exact content that is being infringed upon, including the title of the work, the author or copyright holder, and the date of publication.
• Explain how the content has been infringed upon, such as by unauthorized copying or distribution.
• Describe the measures you are requesting the online platform or service provider to take, such as removing the content or disabling access to it.
• Include a statement that the notice is accurate to the best of your knowledge and that you are the rightful owner of the content or authorized to act on their behalf.
• Make sure that your writing is clear and concise and that all relevant information is included.

You will know you can check this off your list and move on to the next step when you have included all of the elements in the notice and you are confident that it accurately and clearly communicates the claim of ownership and infringement.

Format the notice according to the requirements of the online platform or service provider

• Identify the specific platform or service provider the notice is intended for
• Research and understand the requirements that the platform or service provider has for takedown notices
• If a template is provided, fill in the appropriate information
• If there is no template, ensure that the notice includes all of the legally required information
• Make sure that the notice is formatted in a readable, professional manner

Once the notice has been formatted according to the requirements of the platform or service provider, you can check this step off your list and move on to submitting the takedown notice.

Submitting the Takedown Notice

• Contact the online platform or service provider by email, postal mail, or through the platform’s takedown procedures
• Include the completed takedown notice in the correspondence
• Keep a copy of the takedown notice and any other documents supporting the claim for your records
• When you have submitted the takedown notice, you can move on to the next step of locating the appropriate contact information for the online platform or service provider.

Locate the appropriate contact information for the online platform or service provider

• Check the Terms of Service or terms of use of the platform or service provider to find contact information
• If the contact information is not listed, search the company’s website for a contact page or contact information
• If the contact information is still not available, use a search engine to search for the contact information
• When you have located the contact information, add it to your list of resources for the takedown notice
  Once you have located the contact information, you can move on to the next step of submitting the takedown notice.

Submit the takedown notice by email, postal mail, or other means specified by the platform or provider

• Prepare the takedown notice including the infringing material, the owner’s copyright information, and contact information
• Compile all the required information for the notice and attach any evidence that proves infringement
• Send the takedown notice using the platform or provider’s specified method (e.g. email, postal mail)
• Keep a copy of the notice for your records

How you’ll know when you can check this off your list and move on to the next step:

• You will know you have completed this step when you have sent the takedown notice using the platform or provider’s specified method.

Monitor the response to the takedown notice and follow up if necessary

• Monitor your email and other channels for a response from the platform or provider.
• If you receive a response, read and understand it thoroughly.
• If no response is received within a reasonable timeframe, follow up by email or other means.
• Once you have received confirmation that the notice has been processed, you can move on to the next step.

Responding to Counter Notices

• Verify that the counter notice is from the user who posted the content in question.
• Determine if the user has the right to post the content based on US copyright laws.
• Check if the user has provided the required information in the notice, such as contact information and a statement of good faith.
• Consult your legal team to see if you need to take any further action.

You can check this step off your list when you have verified the counter notice and consulted with your legal team on how to proceed.

Analyze the counter notice to determine if it is valid

• Carefully read the counter notice to identify any false or misleading statements
• Gather evidence to support your claim of copyright infringement
• Compare the evidence to the statements in the counter notice
• Identify any inconsistencies or inaccuracies
• Consider any legal arguments presented in the counter notice
• Determine if the counter notice is valid and complies with the applicable copyright law
• When you have reached a conclusion, you can check this off your list and move on to the next step.

Determine if additional action is necessary, such as filing a lawsuit or seeking an injunction

• Consider the severity of the infringement and the value of the content that was taken down.
• Assess the chances of success in court and the potential costs associated with pursuing legal action.
• Research the applicable law and consult with a lawyer about the advisability of filing a lawsuit or seeking an injunction.
• Determine whether the counter notice is valid, and whether the alleged infringer is likely to comply with the takedown notice.

Once you have determined whether or not to pursue additional action, you can check this step off your list and move on to the next step.

Follow the procedures specified by the online platform or service provider

• Read through the online platform or service provider’s Terms of Service or copyright policy to identify what procedures must be followed to issue a takedown notice.
• Find out if the platform or service provider has a specific form or template to use for the notice.
• Draft the notice and include any required information such as the infringing content, your name and contact information, and a statement that you are the copyright owner or authorized agent.
• Submit the notice to the platform or service provider as directed.
• Monitor the progress of the notice, and follow up if needed.
• Once the notice has been submitted and the infringing content has been taken down, check this step off your list.

Recording and Documenting the Process

• Create a document that outlines the steps you completed in the takedown process
• List all the steps taken, including the dates and details of any correspondence
• Make sure to include copies of any emails, documents, or other communication related to the takedown
• Keep the document in a secure place for future reference
• Once you have created the document and have all the necessary information, you can move on to the next step of the takedown process.

Make copies of all correspondence related to the takedown process

• Gather all emails, letters, and other documents that you sent or received during the takedown process
• Make copies of all of these documents
• Ensure that you keep the original documents in a safe place
• Once you have copies of all documents, you can check this off your list and move on to the next step

Document the dates and results of each step taken

• Make a list of all the dates and results for each step taken in the takedown process.
• This will include the dates when you reached out to the infringing party, the response you got from them, and the date when the content was taken down.
• You can use this list to organize the timeline of the takedown process and track your progress.
• When you have documented all the dates and results of each step taken in the takedown process, you will be able to move on to the next step.

Preparing for Future Infringements

• Create a record of any past infringements, including the dates and results of each step taken.
• Draft a takedown notice template that can be used in the event of future infringing activity. Make sure to include all necessary information, such as the copyrighted work title, the original URL, and the infringing URL.
• Store the draft of the takedown notice in a secure place, such as a file on your computer in a private folder.
• Once you have a template ready to go, you can check this step off your list and move on to monitoring activity on the online platform or service provider to identify new infringements.

Monitor activity on the online platform or service provider to identify new infringements

• Monitor the platform regularly for any new infringements of your intellectual property
• Review the content and determine whether your rights are being violated
• Take screenshots of any content that you believe to be infringing and save them for reference
• When you have identified any infringing content, you can check this step off your list and move on to the next step of updating registration documentation and other ownership records as necessary.

Update registration documentation and other ownership records as necessary

• Check all registration documentation and records to ensure they are up-to-date and accurate
• Refile and/or renew any registration documentation or records that may be expired, outdated, or otherwise incorrect
• Maintain accurate records of your intellectual property, such as the date of creation, registration information, and any other relevant information
• Make any necessary changes or updates to your registration documentation and other ownership records
• Make sure to keep a copy of your updated documentation and records for your records

You’ll know you can check this off your list and move on to the next step once you have verified that all registration documentation and other ownership records are accurate and up-to-date.

Retaining Professional Assistance

• Consult an attorney to determine whether the takedown notice is necessary and how to best move forward with it
• Research and decide on an attorney who specializes in intellectual property and online infringement
• Contact the attorney to discuss the issue and determine whether they are the best fit for you
• Make sure that the attorney is familiar with the Digital Millennium Copyright Act (DMCA) and any other applicable laws
• Ask for a quote and make sure that you understand the fees and services that are included
• Sign a retainer agreement with the attorney and provide them with all necessary documents and information
• Once the agreement is signed, you can move on to the next step of determining the scope of the infringement and the complexity of the takedown process.

Determine the scope of the infringement and the complexity of the takedown process

• Determine the scope of the infringement by identifying the exact pieces of content that are being infringed, such as images, text, audio, or videos
• Estimate the complexity of the takedown process by considering factors such as the number of infringing sites, the number of different owners or hosts of the content, and the jurisdiction of the sites
• Research and review the applicable laws and regulations related to the takedown process and the jurisdiction of the infringing sites
• Consider the various types of takedown notices that may be needed for the specific situation
• When you have identified the scope of the infringement and assessed the complexity of the takedown process, you can move on to the next step of researching and reviewing potential professionals who can assist.

Research and review potential professionals who can assist

• Utilize online resources to find legal professionals who specialize in copyright law
• Read reviews and recommendations for those lawyers to get a better understanding of their skills and experience
• Interview the lawyers you are considering to ensure they are the right fit for your situation
• Obtain references from past clients to learn more about the lawyer and their experience with similar cases
• Once you have decided on the right professional, you can check this off your list and move on to the next step.

Following Up After the Takedown

• Draft a follow-up email to the online platform or service provider, thanking them for their assistance and inquiring as to when the infringing content will be taken down or blocked.
• Reach out to the professional you have identified, who may be able to assist with the takedown process.
• Ask the professional to contact the online platform or service provider directly, if they have not responded to your initial take down request.
• Document all communications with the online platform or service provider in order to provide evidence of your takedown efforts.

You’ve completed this step when you have sent a follow-up email to the online platform or service provider and/or contacted a professional for assistance.

Monitor the online platform or service provider to confirm that the infringing content has been taken down or blocked

• Check the platform/service provider to see if the infringing content has been taken down or blocked.
• If the content has been taken down or blocked, confirm that the content is no longer accessible via the platform/service provider.
• If the content has not been taken down or blocked, move on to the next step - follow up with the platform/service provider.
• Once the content is confirmed to be taken down or blocked, you can move on to the next step - following up with the platform/service provider if necessary.

Follow up with the platform or provider if necessary

• Contact the platform or service provider that hosts the infringing content after you have sent your takedown notice.
• Ask for confirmation that the content has been taken down or blocked.
• If you are not satisfied with the response, continue to follow up with the platform or service provider.
• You will know that this step is complete when the platform or service provider has confirmed that the infringing content has been taken down or blocked.

Understanding the Limitations of the Takedown Process

• Understand that takedown notices may not be effective for all types of infringement
• Understand that takedown notices may not be effective for all types of platforms or providers
• Research the takedown process of the platform or provider to identify any limitations
• Understand that takedown requests may have limited scope, and may not be able to remove all infringing content
• Understand that takedown notices may not be effective for content that is re-uploaded or shared by a third party
• Understand that not all takedown notices are guaranteed to be successful
• Understand that some jurisdictions may not recognize takedown requests
• Understand that some platforms or providers may not remove content even after a takedown notice is issued
• When you have a thorough understanding of the limitations of the takedown process, you can check this step off your list and move on to the next step.

Consider the limitations of the takedown process in relation to the scope of the infringement

• Understand that the scope of any potential removal is limited to the particular platform or service on which the infringement has occurred
• Spend time researching the particular platform or service in question, and any relevant laws or regulations that may limit the scope of the takedown process
• Check whether the platform or service provides specific guidelines for takedown notices, and follow them carefully
• Once you have considered the limitations of the takedown process in relation to the scope of the infringement, you will be ready to move on to the next step of drafting a takedown notice.

Understand that the takedown process is not a guarantee of removal or prevention of future infringement

• Research the copyright laws and various regulations related to the takedown process
• Understand the potential consequences of issuing a takedown notice
• Be aware that the issuing of a takedown notice does not guarantee removal or prevention of future infringement
• Analyze whether the expected outcomes of the takedown process are achievable
• When you have a full understanding of the takedown process, you can check this off your list and move on to the next step.

FAQ

Q: How do I ensure the takedown notice is legally binding?

Asked by Dennis on April 6th, 2022.
A: The best way to ensure your takedown notice is legally binding is to have it reviewed by a qualified lawyer. This will help to ensure that all relevant laws and regulations are taken into account, as well as any potential implications for your business or industry. It’s also important to consider the jurisdiction in which the notice is being sent, as different countries may have different rules and regulations. Ultimately, it’s important to make sure that the takedown notice is legally sound before sending it.

Q: What if the website doesn’t comply with my takedown notice?

Asked by Jennifer on August 31st, 2022.
A: If the website does not comply with your takedown notice, you may need to take legal action in order to enforce the notice. Depending on the jurisdiction of the website, this could involve filing a lawsuit or sending a cease and desist letter. It’s important to note that taking legal action can be expensive and time-consuming, so it’s best to consider all other options before resorting to this. Additionally, it’s important to make sure that you have a strong legal argument before proceeding with any legal action.

Q: How do I know what kind of content is considered infringing?

Asked by Thomas on May 17th, 2022.
A: In order to know what content is considered infringing, you’ll need to research copyright law in your jurisdiction. This can be done by consulting an attorney or researching online resources such as intellectual property databases and publications from legal organizations such as Creative Commons and the Electronic Frontier Foundation (EFF). Generally speaking, copyrighted works such as books, music, videos, photographs, software and artwork are all considered infringing when used without permission from the copyright holder.

Q: How long does a takedown notice remain in effect?

Asked by Sarah on July 12th, 2022.
A: A takedown notice will typically remain in effect until the copyrighted content is removed from the website in question or until the copyright holder decides to rescind or modify the notice. However, it’s important to note that this can vary depending on jurisdiction and other factors, so it’s best to consult an attorney if you are unsure about how long a particular takedown notice remains valid.

Q: Can I send a takedown notice outside of my home country?

Asked by John on December 21st, 2022.
A: Yes, you can send a takedown notice outside of your home country if you believe that content hosted on an international website is infringing upon your copyright or other intellectual property rights. However, it’s important to keep in mind that any action taken against a website based in another country will likely be subject to different laws and regulations than those which govern websites located in your own country. Therefore, it’s best to consult an attorney familiar with international copyright law before proceeding with any action against websites located outside of your home country.

Q: What if I’m not sure who owns the copyright?

Asked by Matthew on September 8th, 2022.
A: If you’re not sure who owns a particular piece of content or who has rights over its reproduction or distribution, you should research online databases such as those maintained by Creative Commons and the Copyright Office of your home country in order to determine ownership information. Additionally, you may want to contact the original creator or publisher of the work if possible in order to confirm ownership information before proceeding with a takedown notice.

Q: What if I’m not sure how to contact the webmaster?

Asked by Christopher on November 3rd, 2022.
A: If you’re not sure how to contact the webmaster of a website hosting infringing content, you can often find contact information listed on the website itself or via public records searches conducted online or through government agencies such as local courts or secretary of state offices. Additionally, some websites may have an online form where you can submit inquiries or requests for removal of infringing content. If all else fails and contact information cannot be found online or through public records searches then it may be possible to send a takedown notice via email directly to an administrative email address associated with the domain name of the website in question (e.g., admin@examplewebsite.com).

Q: What legal ramifications could I face if I issue a false takedown notice?

Asked by Ashley on February 15th, 2022.
A: Issuing a false takedown notice could potentially result in serious legal consequences depending on your jurisdiction and other factors such as whether an individual was actually harmed due to your actions or if someone suffered financially due to your false claim of copyright infringement. Generally speaking though it’s best practice for anyone considering issuing a takedown notice to make sure their claim is valid before taking any action as doing otherwise could lead to serious legal repercussions down the line for both yourself and any party affected by your false claim of copyright infringement.

Q: Are there any special considerations for issuing take down notices for software-as-a-Service (SaaS) businesses?

Asked by Elizabeth on October 28th, 2022.
A: Yes - when issuing takedown notices for software-as-a-Service (SaaS) businesses there are several important considerations which must be taken into account since SaaS businesses typically offer services over multiple platforms and thus have different requirements than other types of businesses when dealing with issues of copyright infringement. These considerations include but are not limited to ensuring that all applicable laws are taken into account when crafting a takedown notice; ensuring that any requests made are specific enough so they cannot be interpreted broadly; understanding how their particular SaaS business model works so that their requests take into account both software development cycles as well as platform updates; monitoring changes in legislation which may affect their SaaS business; and being aware of potential counterclaims which may arise from issuing a takedown request for software hosted across multiple platforms (e.g., claims related to fair use).

Q: What are some best practices when drafting a takedown request for content hosted across multiple platforms?

Asked by Joshua on January 22nd, 2022.
A: When drafting a takedown request for content hosted across multiple platforms some best practices include understanding how each platform works so that requests take into account both software development cycles as well as platform updates; ensuring any requests made are specific enough so they cannot be interpreted broadly; monitoring changes in legislation which may affect content hosted across multiple platforms; researching applicable laws and regulations prior to submitting requests; being aware of potential counterclaims which may arise from issuing a takedown request; understanding applicable rights concerning fair use; and keeping detailed records of all communications between parties involved in order to provide evidence should any disputes arise concerning removal or reinstatement of content from certain platforms after receiving a takedown request .

Example dispute

Suing a Company for Violating Takedown Notice:

• Plaintiff must provide evidence that the company received a valid takedown notice for a certain work or material.
• Plaintiff must prove that the company failed to act on the notice and failed to take reasonable steps to remove the infringing material from their website.
• Plaintiff can seek damages for any losses incurred from the copyright infringement, such as lost sales, profits, or other financial losses.
• Plaintiff can also seek damages for emotional distress, such as humiliation or embarrassment.
• Plaintiff can seek an injunction to prevent the company from continuing to infringe the copyright.
• Plaintiff may also seek legal fees and other court costs.
• If the court finds in favor of the plaintiff, they may award statutory damages of up to $30,000 per work infringed.

Templates available (free to use)

Dmca Complaint Takedown Notice

‍