If you're a content creator, you know the words 'DMCA takedown'. When your content is stolen and it gets reposted elsewhere, the DMCA takedown is the frontline tool for combatting this problem. But what exactly is the DMCA? And why does it have the power to take down content from the internet? You may have been using this solution without really knowing what it is, and for those who have never used it, it's time you get acquainted with the DMCA.
So here is everything about the DMCA, otherwise known as the Digital Millennium Copyright Act. We'll go over what the law is, how it works in the legal system, and how the DMCA takedown functions to keep your content safe.
What is the DMCA
DMCA stands for the Digital Millennium Copyright Act. It is a 1998 United States copyright law that governs online copyright issues. Basically, it criminalizes the act of copyright infringement as well as circumventing an access control to a content, access control here being things like paywalls and premium content.
Originally, copyright laws did not cover digital media, but as the Internet arrived and information technology advanced, the need to protect content over the web intensified. Which was why the DMCA was introduced.
What is a DMCA Takedown?
When you see your content illegally ripped and reposted to another website by someone else, you can use the DMCA to have it taken down from wherever it was posted. This is known as a DMCA takedown.
When someone posts your content without your permission, you have copyright ownership over said content. You essentially have ownership rights over the stolen content. Copyright law ensures that you are given this right and that no one can take your content and post it elsewhere without your permission.
Thus, a DMCA takedown is you the creator and the owner of the stolen content, giving the person who posted your content a cease and desist based on the copyright protections you have under the DMCA.
How does a DMCA Takedown work?
The way a DMCA takedown works is that you send a notice to the website that hosts the stolen content. This notice is also sent to the person who uploaded it. This is the part where the Digital Millennium Copyright Act comes into play. A takedown notice is usually a letter (although it can be an email) that details where the content was posted, what is being posted, and the URL (or link) to the content.
Let's say you own a makeup tutorial YouTube channel. Someone posts your makeup tutorial video on their website without your permission, and you want it taken down because it’s your content that is generating money for someone else. In this scenario, the DMCA comes into play.
What you need when you send a DMCA
If you were to send a DMCA takedown notice, it would contain the following information:
- The URL of the infringing content,
- The reason why you are filing the takedown,
- Your contact information such as your email address.
- Your authorization to proceed with the takedown,
- A statement that you believe this content has been posted without your authorization.
- A statement that the information in the notice is accurate, under penalty of perjury.
- Finally, your signature.
Using a third party service for DMCA
Now, the thing about DMCA takedown notices is that if you’re doing it yourself, the platform or the website owner you’re sending it to now has your contact information. There are many reasons why you would feel uncomfortable about that, which is why there are always third party services for DMCA takedown notices. These are businesses that will file a DMCA takedown notice on your behalf.
How effective is the DMCA at protecting content?
Of course, at the end of the day none of this works if it doesn’t have much weight behind it. So this is the question that everyone wonders. How effective is the DMCA takedown?
The thing about the DMCA is that it is completely voluntary. Websites do not have to abide by it. The DMCA takedown is essentially a cease and desist, which is a threat that you’re going to sue them if they don’t take down the content. But what if they say ‘screw it, sue me?’ Then you have to carry on with a lawsuit, which you may or may not be able to afford.
And even further, taking down one content with a DMCA notice does not solve the underlying problem of piracy. Let's say that your content was stolen, reposted on another website, and then removed from that website using the DMCA. Your stolen content is now gone. But remember! It is still out there. It has been copied and pasted on various other websites, blogs, and forums. The DMCA takedown doesn’t do much to combat this more basic issue.
Therefore, if your goal is to keep your content safe, you must constantly monitor your content and send DMCA takedowns to every website that hosts your stolen content.
Lastly, the DMCA is a US law, meaning it only has effect over US servers and does not count if the content is hosted on a server outside of the US. There are equivalents to the DMCA in other places, like the EUCD in Europe, but the way it works is different, and the effectiveness also varies.
Always monitor for DMCA violations for your content.
Considering that content piracy can have deeply negative consequences for your brand, you have to stay vigilant constantly for content theft. A simple Google search can help you find out if your content has been reposted elsewhere. Though it does take quite a bit of time to do this always.
Plus, if you have ever gone through the process of filing a DMCA takedown, you know how time-consuming it is. This is why some creators just give it up and let the thieves run amok. It's not something you can do once and forget about. You must constantly be aware of your content, and be vigilant about who is reposting it.
This is why using tools to help you monitor and send DMCA takedowns is often the best option. It not only gives you protection from content theft, but it also offers you a peace of mind that there is a watchful eye looking for stolen content in your stead. Services like BranditScan can do this at an affordable monthly fee.
The DMCA is a useful tool for content creators, but it is not a magic bullet. You must use it wisely, and you must know how the internet, the legal system, and websites work to employ it successfully. Remember that the internet is a wild and uncivil place, and your content could get stolen at any moment. In fact, you would be right to just assume that it will get stolen. This is why it is essential to constantly monitor your content, and send DMCA takedowns to any website that hosts it without your permission.
