Digital Millennium Copyright Act Notice of Infringement

for Your State

This notice of infringement is to be delivered to the Internet Service Provider of an infringing website and satisfies the requirments under the DMCA.

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You’re surfing the web when you see it - your copyrighted material on another website. They never asked and you certainly never gave them permission to display or use your work. So what do you do?

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) you have certain rights and can request that the Internet Service Provider (the "ISP") for the infringing site delete the infringing material from its servers or prevent it from being accessed.

This notice of infringement is to be sent to the ISP and satisfies the requirements of the DMCA.

For use in all states.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Digital Millennium Copyright Act
Infringement Notice










This Packet Includes:
1. General Information
2. Digital Millennium Copyright Act
    Infringement Notice







General Information
Digital Millennium Copyright Act
Infringement Notice

Youre surfing the web when you see it - your copyrighted material on another website. They never asked and you certainly never gave them permission to display or use your work.  So what do you do?  

In this circumstance, in addition to sending a Copyright Infringement Cease & Desist Letter to the website owner and contacting a copyright attorney, it is likely that you can take advantage of the Digital Millennium Copyright Act of 1998 (the “DMCA”), codified at 17 U.S.C. § 512.  This act can help you convince the Internet Service Provider (the “ISP”) to delete the infringing material from its servers or to prevent it from being accessed.
 
The DMCA provides the ISPs immunity from infringement liability for their users under certain circumstances as long as they follow the procedures set forth in the DMCA. One requirement is that when a notice of infringement is delivered to them, they must investigate the claim and then promptly determine whether to remove or block access to the infringing material.

To be effective under the DMCA, the notification of claimed infringement must be a written communication provided to the designated agent of the ISP that includes substantially the following:
 
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.



(iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.




(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.






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Date
Recipient Information:(Recipient Name)
(Recipient Address)

Sent via: (insert delivery method, e.g. FedEx, certified mail, etc.)
Re: NOTICE OF COPYRIGHT INFRINGEMENT
Dear (insert Recipient Name):
I am (insert your position) with (insert company or copyright owner) (the “Owner”).
As required under Section 512(c)(3)  and 512(d)(3) of the Digital Millennium Copyright Act (17 U.S.C. §§512(c)(3) and 512(d)(3)), we are instructed to place you on notice that:
1.  The Owner is the exclusive owner of the (insert a thorough description of the copyrighted work) (the “Protected Work”); and
2.  The website (insert infringing website address) contains unauthorized copies of the Protected Work or derivative works of the Protected Work (describe fully where on the site the Protected Work can be found).  This is an infringement on the exclusive rights of the Owner (the “Infringing Material”).
Please immediately remove all access to the Infringing Material.
I have a good faith belief that the use of the Infringing Material is not authorized by the Owner, its agents or the law. The information in this Notice of Copyright Infringement is accurate and under penalty of perjury, I am authorized to act on behalf of the Owner.
Should you require any further information regarding this matter, please contact me at the address, telephone number or email address indicated below:
Address:Tel: Email:
Very truly yours,
(Your Name)
(Your Position)
Number of Pages3
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28141
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