DMCA Take-Down Notice

Summary

This template is a DMCA Take-Down Notice that a copyright owner can send to an internet service provider (ISP) that hosts third-party content on its website that infringes the copyright owner's exclusive rights. It complies with the requirements set forth in the Digital Millennium Copyright Act for a valid take-down notice. This template includes practical guidance and drafting notes. ISPs that remove or disable access to infringing materials in response to a valid take-down notice sent on behalf of a copyright owner will receive immunity from monetary liability based on the actions of such third parties (assuming that the ISP also meets the other statutory requirements). See 17 U.S.C. § 512(c). Such immunity is referred to as a "safe harbor." For guidance on sending DMCA take-down notices (including the investigation that should be conducted prior to sending a notice) and the DMCA's notice and take-down procedures, see DMCA Compliance and Enforcement and DMCA Pre-Notice Investigation Checklist. For guidance on an ISP's obligations under the DMCA, see DMCA Safe Harbor for User-Generated Content. For an overview of copyright infringement claims and defenses, see Copyright Enforcement Resource Kit.