Response to Take Down Notices

The Digital Millennium Copyright Act (aka “DMCA”) allows copyright owners to send a notification (sometimes called a “Take Down Notice”) to a “service provider” that claims there is infringing material that the service provider is causing to be accessed. There are strong incentives in a DMCA for the service provider to disable access to the material. This can be a powerful and simple remedy for a copyright owner if the specific requirements for the notification are met. Other provisions allow subpoenas to obtain the identity of whoever posted the material. Alternatively, someone who is the victim of an incorrect or fraudulent take down notice is not without remedies. In some cases, the DMCA allows for the replacement of removed material, and there can be penalties for misrepresentations in the notification.

Arnold & Knobloch’s attorneys understand the intricacies of the Digital Millennium Copyright Act and how clients can take advantage of it in a safe, efficient manner. Please contact us to see how we can help your organization.