literature

DMCA Basic Form Letter

Deviation Actions

mongrelmarie's avatar
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Literature Text

To Whom It May Concern,

I, [Your Full Real Name Here], certify under penalty of perjury, that I am the owner of certain intellectual property rights.

The items or materials listed below are not authorized for use at the domain of ([infringing website domain here]) and therefore infringes my rights as copyright owner. I hereby demand that you act expeditiously to remove or disable access to the material or items claimed to be infringing.

Infringing material that I demand be disabled or removed in consideration of the above:

[ List all of the URL locations of your stolen content (this can be either a direct link to the image/sound or a link to the page where it is displayed)]

Location of ORIGINAL WORKS:

[The URL from your website or location where your artwork is listed legally]

This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act ("DMCA"), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.

Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.

I am providing this notice in good faith and with the reasonable belief that the rights I own are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.

Should you wish to discuss this with me please contact me directly.

Thank you.

[Your Full Real Name Here]

Address
City, State Zip
Phone
E-mail

It has come to my attention that more and more digital media is being stolen from their copyright owners.

I am submitting the form letter I use to get my artwork removed from the sites that have stolen my artwork. It is a generic form letter that has been compiled from various DMCA (Digital Millennium Copyright Act) Form Letter templates -- all locations express free use of the letter's content.

If your artwork has been stolen, the first thing you need to do is locate the administrator of that website -- usually in the "Contact Us" section. If you are unable to find the contact, then you need to find the owner of the domain name. To find this information, you can go to the website: http://www.whois.net and type in their domain name. As long as the information is not selected as private, you should be able to view the necessary contact information.

From there, you can either contact the website administrator or the ISP (Internet Service Provider) aka the Server Hosts. If you have to send the above Official DMCA Notice, most server hosts will politely comply. However, some websites are located in a foreign country or what is considered an "Offshore Server"; where the latter is not bound by copyright law. And if that's the case, then you are pretty much out of options.

There is an international copyright law agreement called The Berne Convention and the above form can be modified to accommodate the Berne Convention's law details. Again, MOST server hosts are happy to help you out. Though a fair amount of ISP people will try to pass your problem off on someone else.


Now, if you contact the company and they refuse to do anything -- essentially ignore the DMCA, then there are other steps you can take from there; including contacting the domain host (usually not the same as the server host). I know GoDaddy is good about terminating or suspending service for their clients when you can provide proof that they are ignoring copyright laws. Also, Google will blacklist a domain from their servers if you can provide evidence to them that the website is infringing copyright law.

And last but not least, you can always contact a lawyer and from there, they will take over your case and prosecute the necessary company/individuals.


This is basic information that just about anyone can use. More advanced techniques may be required to track down the necessary contacts, but that get's more into a specialist's field.

I do a fair amount of work with a technician at Skyway Networks who is a pro at tracking down the legitimate IP address for a particular website. If you are a serious artist with a serious art theft problem and willing to pay a small fee, I am certain he would be willing to track down any difficult cases for you. But please don't contact him expecting him to do it for free.


The above letter has been very successful for me and I highly recommend it to others.
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TheSSUltimateGoku's avatar
mongrelmarie gohan6425.deviantart.com/journ… Deal with a troll who flase coryright over 10 of my work what do I do?