Getting stolen content removed is incredibly empowering, and taking control over your brand is a necessity for anyone who wants to create content long term. When sending takedowns and removing content, it's extremely important to only target illegitimate content that has been uploaded illegally without your consent. This blog aims to help creators understand what content falls within the realms of a legal takedown and understand the risks when sending false DMCA claims.


What is DMCA?

The Digital Millennium Copyright Act (DMCA) is a United States copyright law enacted in 1998 to help deal with copyright issues related to the digital world. It provides legal protections and provisions for copyright owners, internet service providers (ISPs), and online platforms. But let's be real, legal jargon can make it difficult to fully understand the implications of this law. 


How to accurately send DMCA Claims: 

  • Identify Infringement: Be sure to identify legitimate instances of copyright infringement before taking any action. Verify if its usage falls under fair use or if you have indeed granted permission for such use. 
  • Review Contracts: Thoroughly read and understand the terms of any contracts or licensing agreements you have signed. Ensure you are aware of the rights granted to other parties/companies regarding your content. 
  • Emotional Check: It is normal to feel passionate about your creative and to throw shade at anyone infringing. It’s alarming to come across your content uploaded without your permission. That said, always proceed when you are in a calm state, this is serious business for all parties involved and should not be taken lightly. 
  • Send the DMCA Notice: Once you are sure that your content is being shared illegally, send out the DMCA. There is a time period in which the site operator must take action. They will either remove the content and notify the person who posted it or send a counter claim. 


What are the negative Effects of False DMCA Claims?  

  • Reputation Damage: Accidentally sending a DMCA takedown notice to a legitimate site hosting your content can have severe repercussions on your reputation. It can be perceived as an attempt to silence or bully others, tarnishing your image within the online community. 
  • Legal Backlash: False DMCA claims may lead to legal action taken against you by the affected party. Being on the receiving end of a DMCA counter-notice can be both emotionally draining and expensive to handle. 
  • Loss of Trust: Your audience, collaborators, and fellow content creators value authenticity and honesty. False or accidental DMCA claims can lead to a loss of trust and credibility among your peers and followers. 
  • Platform Penalties: Repeatedly making inaccurate DMCA claims can result in penalties from online platforms. This includes account suspension or even permanent bans, meaning a potential loss of your online presence and hard-earned audience. All things that we would not want to see happen to any creator. 


What are the Legal Repercussions of False DMCA Claims?  

Repeatedly sending false or erroneous DMCA claims can result in serious legal consequences. These may include: 

  • Legal Fees: You might be liable to cover the legal fees of the accused party if they choose to take legal action against you. 
  • Civil Penalties: Courts can impose civil penalties of up to $2,500 for each false claim made. 
  • Criminal Penalties: In some cases, knowingly making false DMCA claims can lead to criminal charges and fines of up to $500,000. 

 

As content creators, it is crucial to be aware of the DMCA and copyright laws before sending takedown notices. Making false DMCA claims can have long-lasting negative effects on your reputation, relationships, and even your legal standing. Protect your work responsibly and foster a supportive online community that respects the rights of every creator. It's clear that content creators don’t want to send false DMCA claims. But accidents can happen, and the best way to prevent them is to be certain about the nature of the content before submitting a DMCA request. Stay creative, stay informed, and take care of one another!