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Intellectual Property

DMCA Takedown

Someone has posted your photos, video, or writing on a platform, and you want it gone. A DMCA takedown is often the fastest tool available, as long as the problem really is about copyright.

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01 GUIDE

DMCA Takedown: what usually happens

What the process is built for

The DMCA takedown process lets a copyright owner ask an online service to remove material that infringes. Services that meet the law's conditions and act promptly on proper notices are shielded from most copyright liability for what their users post, which is why most major platforms respond quickly. The process covers copyright only. It is not a tool for trademark disputes, defamation, privacy complaints, or impersonation, although many platforms have separate reporting channels for those. Using it for something it does not cover can backfire and may expose the sender to a claim of its own.

Before you send one

You need to own the copyright or be authorized to act for the owner, and you should be able to say which work was copied and where the copy sits. At least one federal appeals court has said senders must consider whether a use might be fair before claiming infringement, and a notice that knowingly misrepresents infringement can lead to liability. Expect that the person who posted the material will see the complaint and, on many platforms, your name and contact details. If you are already in a broader dispute with that person, a takedown may escalate it, so think about where you want things to end up. Keep copies of everything you send and every response you receive.

When the material comes back

The poster can send a counter-notice, and if they do, the service may restore the material after a set period unless you file a lawsuit and tell the provider. That short window is one reason to know in advance whether you would be prepared to go to court and whether your copyright is registered. A takedown also does nothing about copies elsewhere or money already made from the use. Sites hosted outside the United States may not follow the process at all, which calls for other approaches. We help decide whether a takedown is the right first step, prepare the notice, and plan for what happens if the other side pushes back.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

03 HOW WE WORK

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04 OFFICES

Where we meet clients

Consultations are available in person or remotely.

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(424) 561-7557

Attorney Advertising. This page is general information about DMCA takedown and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.