Disclosure: This post contains affiliate links. I may receive compensation when you click on links to products in this post. For an explanation of my Advertising Policy, visit this page. Thanks for reading!
How to avoid a DMCA Takedown.
A Digital Millennium Copyright Act Takedown request is used to legally force a website owner to remove an infringing article or other content. So in order to protect yourself, here are 10 ways how to avoid a DMCA takedown:
- Use original content.
- Get permission from the copyright owner.
- Use a Creative Commons license.
- Use public domain materials.
- Find works that are similar to what you want to use and transform them into your own creation.
- Create a parody or satire of the copyrighted material.
- Use only a small portion of the copyrighted work.
- Make sure your use of the copyrighted material is for a limited and “transformative” purpose.
- Give credit to the copyright owner.
- Do not rely on fair use if you are unsure whether your use qualifies.
11. BONUS! Get DMCA Ignored Offshore Hosting and Domain Registration!
What exactly is a DMCA Takedown Notice? Learn the facts.
A Digital Millennium Copyright Act Takedown request is used to legally force a website owner to remove an infringing article. So you have to know the facts in order to understand how to avoid a DMCA Takedown in the first place.
So, How does a DMCA Takedown work?
A copyright holder notifies a site that they have found infringing content by sending what’s called a DMCA Takedown Notice.
The notice could be sent to the site’s owner or administrator of record, but it can go directly to whoever posted the content in question because all of the information needed for compliance is contained within.
Some sites may initiate the DMCA Takedown notice on the page containing the infringing material as well, for transparency’s sake.
Once this notice is received by the website owner/administrator and/or whoever posted the infringing piece of content (or their host), that person has to act immediately.
This usually means removing or disabling access to the material that was subject to the DMCA Takedown notice, but it can also mean taking additional steps to ensure the content is not re-uploaded under a different name.
If you are using, sharing content that’s copyright protected without permission, there’s a good chance your blog or website will eventually be targeted for Takedown by the copyright holder.
Under what circumstances can someone issue a DMCA Takedown?
Anyone can file a DMCA Takedown request. Of course, not everyone has the authority to do so. In order to have legal right for a copyright Takedown request, there must be proof that you are the copyright owner or an agent of the copyright owner of the disputed content.
A trademark infringement is not grounds for a DMCA Takedown request.
How can you tell if an article infringes on copyright?
In order to qualify as a DMCA Takedown, the infringing content must be identical or substantially similar to the copyrighted material.
How is this determined?
In order for a copyright holder to issue a DMCA Takedown, the infringing file must have at least some striking similarities with the original work.
In most cases it is not possible or practical for a blog owner to manually compare the copyright work with the infringing/pirated content.
In addition, in order to protect yourself from false accusations, don’t expect someone who’s filing a copyright Takedown request to always be honest with you about their rights to the content.
How to avoid a DMCA Takedown. The Details.
Even though you’re ultimately responsible for complying with a legitimate DMCA Takedown notice, there are many things that you can do to reduce your risk of becoming the unwilling target and avoiding one. Some simple steps include:
1) Posting only your own original creations. Re-posts of third-party content are some of the most common targets for DMCA Takedown notices. While this is not necessarily bad, it’s certainly easier to remove material you didn’t create yourself if a copyright holder demands it. If you do want to post third party content, look into fair use.
2) Linking instead of embedding. Many sites use third party content in the form of embedded videos or images embedded directly on their own pages. This is more likely to result in a Takedown notice than a link back to the original site, which would be required for fair use. If you do want to include someone else’s work on your site, consider using linking back to their site rather than embeds.
3) Using a Creative Commons license instead of just throwing content up on the internet and hoping for the best. Creative Commons offers several options that allow you to retain some rights while still allowing others to use your work under certain conditions, including no derivatives and no commercial use, which can help you avoid a DMCA Takedown notice.
4) Have a plan in place before you post. Before you post potentially infringing content, know what your options are and what you will do if things go south. This way, once a DMCA Takedown notice is received, you can take action immediately instead of wasting time panicking.
5) Just another suggestion, but you might want to consider using the U.S. government’s copyright website for hosting your content. The .gov domain is generally not subject to third party Takedown notices, which can be useful if you’re worried about receiving one, but it also may have other drawbacks that you’ll want to consider before choosing this route.
6) Know your rights and educate others about theirs. The more people who know how to identify a DMCA Takedown notice and what they can do about it, the less effective they will be as a way of censoring online content.
7) Of course, if you are an administrator, notify your users of what’s happened either on your site or via email. If you are not an administrator, then all that is left for you to do at this point is react as necessary depending on what your plan (step 4) was before receiving the DMCA Takedown notice.
For example, if your plan was to remove all infringing material and then immediately shut down or suspend your site, then that is exactly what you should do. If your plan was to remove the infringing material and allow yourself some time to figure out what you want to do, then that is what you should do.
8) Finally, if you truly want to avoid frivolous DMCA Takedown notices to those looking to censor your content, check into getting offshore web hosting in a modern 1st world country like Iceland with Freedom of Speech legislation made for the 21st century, privacy and consumer rights.
Orangewebsite offers this type of web hosting and they as well as their servers are based in Iceland.
Unlike more traditional web hosts who seem to take down your website until you’ve proven yourself innocent, Orangewebsite ignores frivolous DMCA Takedown notices altogether.
How to avoid a DMCA Takedown, conclusion.
If you are the blog/website owner or even an administrator, immediately remove the infringing material. If you are not the blog/website owner or the administrator, figure out what your plan was before receiving the DMCA Takedown notice. (Note, you should always have a plan in place, just in case.)
If you have received multiple DMCA Takedown notices over a short period of time or have had previous copyright violations, then it is possible that criminal charges or a lawsuit may result.
It’s also possible that ignoring a DMCA Takedown notice can make it easier for other copyright holders to sue you in the future.
To avoid this all together, follow all of the legal rules and steps outlined in this post that apply to website owners with regards to copyright infringement and you should be good to go.
Remember, “An ounce of prevention is worth a pound of cure.”
Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from wpwebsitetools.com. or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
