DMCA Notice

Website owners who make time and put in a lot of effort in producing popular and trending website content may eventually see it copied on other websites.

But the Digital Millennium Copyright Act (DMCA) was signed into law to be able to protect intellectual property within U.S. borders. The DMCA ensures that stolen content will not be online for a long period of time since it can be immediately removed after detection.

Some of the most commonly stolen intellectual properties are the following:

  • Photos
  •  Videos
  •  Games
  •  Website content

The DMCA is tasked to advice offending websites to remove the copied content especially if website owners had information on stolen content.

Therefore as a website owner you will have to consider extra security features that offer to protect your photos, content and other information.

The primary reason to look for a company that offers content protection is that copyright holders will also invest additional time and even resources to file for copyright infringement claims. The filing process may also make it frustrating to the copyright holder since any mistakes in the filing requirements can lead to a possible petition rejection.

DMCA Companies

In order to prevent increasing frustration as well as additional time wasted on the filing process, there are companies that offer the same service for a certain fee. The benefit of getting a professional company to do the process for you is that it takes only a smaller period of days. This is because they are already familiar with the notification process and are already used to what steps will need to be taken. For a small service fee, you will be able to spend more time on your online business and minimize stress.

Another benefit of paying the services of a professional DMCA company is that they have better and faster ways to make the offending website owner to remove the stolen content. Additional step that you will not be familiar with is that a copy of the properly filed request is given to the webhost provider. A DMCA notice served by a law company or even a lawyer will make the offending website owner comply with the content removal faster.

Mistakes in the proper notification procedure by an individual can result in the removal demand of stolen content to be ignored by both the web host provider and offending website owner.

DMCA Required Procedures

  •  One of the most crucial bases to protect your copyrighted content is to submit a copyright file to its state or federal government.
  •  The file should include the copied material or content which implies that the copyright holder has a more rightful claim. However this can be mitigated by the offending website owner using a counter-claim and allows the copied content to be added back to the offending website.

The problem with this requirement is that both website owners can claim rightful ownership and therefore may result in increasing legal fees. This is because attorneys of the website owners may need to legally fight it out.

But the filing of a copyright file is not a DMCA requirement since a tangible form of any intellectual work is automatically protected under the copyright law. However the above implication means that the burden of proof is always with the original copyright owner. This means that the original owner will have to physically show that the offending website owner has violated the copyright.

It is always suggested that copyright infringement cases be handled by both the original owner and the offending party. The reason is that legal action is always an expensive option to both the original owner and the offending website owner as well as being difficult to win. The benefit of having a copyright file is that additional compensation will be given by the offending website owner to the copyright owner.

DMCA Limitations

The DMCA is primarily developed to minimize copyright infringement but the problem is that copyright owners will need to prove the ownership of the stolen content. The DMCA also has a limited ability to protect the webhost provider in cases of copyright infringement. But if the webhost provider refused to comply with a DMCA notice then the DMCA protection is revoked.