literature

DMCA Basic Form Letter

Deviation Actions

mongrelmarie's avatar
By mongrelmarie
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51 Comments
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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.
Published:
© 2010 - 2021 mongrelmarie
Comments51
anonymous's avatar
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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?
mongrelmarie's avatar
You can't post copyrighted artwork on DeviantArt.  The only art you can post is artwork you drew yourself.  You are getting copyright claims because you did not draw the artwork you are submitting, nor do you own it.
TheSSUltimateGoku's avatar
He does not own any of the over 10 copyright that I submit. Nor is it copyright work. Most of then are photoshop work that I made though photoshop.
mongrelmarie's avatar
It doesn't matter if he/she owns the artwork or not, the fact of the matter is that YOU do not own the artwork.  And yes, it is copyrighted work, regardless of whether or not you made some modifications to it in Photoshop.

fav.me/db0zox3 <-- That is copyrighted artwork.  You did not draw the characters in that submission, you just pasted them together with Photoshop.  That is not allowed on DeviantArt and that's why your other art pieces were removed.  And given that all of your submissions are copyrighted, you're on the fast-track to being banned from DA.
TheSSUltimateGoku's avatar
How is that NOT alot next to everyone I know does it on DA!? And it still does not change the fact it is not his work either.
mongrelmarie's avatar
You're asking me for advice and I'm telling you the facts.  What you are submitting is against DA's rules.  Your work will continue to be removed if you continue to post it.
Glide08's avatar
You gave me a dirty idea...

To Whom It May Concern,

We, the people of the United States, certify under penalty of perjury, that we are the owners of certain intellectual property rights.

The items or materials listed below are not authorized for use at the domain of the legal system of the State of Israel and therefore infringes our rights as copyright owners. We hereby demand that you act expeditiously to remove or disable access to the material or items claimed to be infringing.

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

www.knesset.gov.il/laws/specia… - "BASIC LAW regarding THE GOVERNMENT" (in public domain since the March 18th, 1992, claim ended since May 29th, 1996)
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding THE KNESSET"
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding HUMAN DIGNITY and LIBERTY"
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding FREEDOM OF OCCUPATION"
www.knesset.gov.il/laws/specia…"BASIC LAW regarding FREEDOM OF OCCUPATION" (in public domain and claim ended since the March 9th, 1994)
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding THE STATE ECONOMY"
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding THE GOVERNMENT" (in public domain since March 7th 2001, claim ended since January 28th, 2003)
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding THE JUDICIARY"
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding THE STATE COMPTROLLER"
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding JERUSALEM, THE CAPITAL OF ISRAEL"
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding THE MILITARY"
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding THE PRESIDENT OF THE STATE"
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding ISRAEL LANDS"
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding THE GOVERNMENT"

Location of ORIGINAL WORKS:

en.wikisource.org/wiki/Constit…;
"UNITED STATES CONSTITUTION"
en.wikisource.org/wiki/United_… "UNITED STATES BILL of RIGHTS"
en.wikisource.org/wiki/Additio… "AMENDMENTS to the CONSTITUTION"

This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act ("DMCA"), and we seek the removal of the aforementioned infringing material from your servers. We 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.

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

Should you wish to discuss this with us please contact the US Embassy in Tel Aviv.

Thank you.

T
he people of the United States
Starcaller-Celeste's avatar
keeping this in mind for when/if it happens to me.
thank you~ <3
Naumadd's avatar
Many thanks for posting this. I regularly have to deal with theft of my images and have hated that the only thing I knew to do was to send messages to the offender and to support for that site that I objected to their use. Sometimes it works, sometimes it doesn't. It's nice to have something a bit more formal to send and to keep in my own records. Great stuff! - Richard, Naumaddic Arts, www.cafepress.com/naumaddicart…
mongrelmarie's avatar
Happy to help.  :aww:
l33tn3rdz's avatar
You should also add the following:

I acknowledge that knowingly filing a malicious or false DMCA letter is a federal crime under US law punishable by a felony conviction with a prison sentence of up to 10 years. I also acknowledge that I may be liable for civil actions as well as criminal ones.
l33tn3rdz's avatar
Whoops, make that 5 years in prison. Got confused there.
rebelx's avatar
I just wanted to say thanks for this template. I had someone take my work here and used it on a social networking site, and this helped me take that person down.
dutchshun's avatar
I bet the art thief never gets asked to proof that they own the artwork when a complaint has been made against them.
RHPotter's avatar
Thank you very much for this letter--I wasn't sure what format to use for my own notices, and this is a big help!
MezKitsu's avatar
You’re wrong when you say that foreign countries don’t have copyright law. Each country has their own copyright law; it doesn’t mean we have none. The DMCA is a very badly written law, and seems to be very corrupt for me. In my country, if someone has stolen your things, you need to obtain a crime report before having it removed. We are all innocent until proven guilty, so our hosts ignore DMCAs as it is not proof of an infringement, anyone can send them.
TiwiCat's avatar
Does this work with facebook, too? Because there are 2 people who are using one of my art (from my old account) as their profile picture and I wrote a message to them that they should delete them. But they didn't do that...

And facebook says "(Note that we routinely provide your contact information to the user that posted the content you are reporting)" --> does this mean, they show my adress/phone number/... to the thieves?? wtf? :stare:
Artiste-Pars's avatar
I'm having the same problem
:stare:
TiwiCat's avatar
Meanwhile I filled in the DMCA form from facebook and sent it in and I put parts from this letter here into the right gaps. I couldn't wait any longer.

After 1~2 days, they deleted the pictures from their profiles.

But if anyone comes to my place, I'm going to kill those facebook-dorks. :angered:
Artiste-Pars's avatar
I just dont trust facebook. Most people know that fb is a CIA info mine.

glad you got your stuff off tho.
Kurama-chan's avatar
Could this be used against Photobucket, that now is selling any art that is being uploaded there as products?
mongrelmarie's avatar
It should. But usually you can just send a complaint to through their report form and they'll delete it without even looking at it.
Blue-Bird-1494's avatar
This is definitely full of win. :nod:

A very useful document, I may add. :D
weelollycupcake's avatar
Im using this to get thorugh to my theif :iconmaggierocks53:
anonymous's avatar
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