DMCA Takedown: How DMCA Helps Eliminate Infringement

The Digital Millennium Copyright Act (DMCA) is a United States copyright law passed by Congress, in 1998. The purpose of the act was to extend the reach of copyright laws to the digital world, and more specifically to address online piracy. Since its introduction, the DMCA takedown provision has been used by many individuals and companies to protect their intellectual property from theft or misuse. This includes everything from music and videos to computer software and digital books.  

A DMCA takedown is initiated when a copyright holder sends a formal notice to an online service provider or search engine, asking them to remove any material that infringes on their copyrighted work. The online service provider then examines the claim and evidence submitted and must comply with the request, unless they are otherwise able to prove that the material does not violate any copyright laws. Upon receiving a valid request, backed by proof, most websites will take down any offending content within a few days, although it may take longer for Google Search results to be removed. 

In compliance with DMCA, the ever-growing social media giant, Meta, has a streamlined process for the takedown of any content that violates someone else’s intellectual property rights, including impersonation accounts. And as an added benefit, if you own a registered trademark, you may be eligible for additional protection and tools on the Meta platform that will provide you with additional search tools to help enforce your trademark.  

If you need help navigating the protection of your intellectual property in the digital space, give us a call at 1-888-752-2629 or schedule a consultation on our website.