Key Takeaways
- The DMCA (Digital Millennium Copyright Act) is a United States law that deals with copyright on the internet, including how copyright owners can ask websites to remove infringing content.
- A DMCA takedown notice is a formal request to remove content that allegedly violates copyright.
- “Safe harbor” rules can protect websites from liability for content posted by users, but only if the website follows certain conditions.
- The best protection for any website owner is to use only content they created or have permission to use, and to keep records.
Whether you run a blog, an online store, or a forum, you probably use text, images, music, or video. Using someone else’s work without permission can lead to a takedown notice, a loss of search visibility, or even legal action. This is where the DMCA comes in.
In this guide, we explain what the DMCA is, how takedown notices work, and what website owners can do to stay on the right side of copyright rules.
What Is the DMCA?
The Digital Millennium Copyright Act (DMCA) is a United States copyright law passed in 1998. It updated copyright rules for the digital age and created a process for dealing with infringing material online. Although it is a US law, it matters worldwide because many websites, hosting companies, search engines, and platforms are based in or serve the United States. Other countries have their own copyright laws, and the details can differ.
What Is a DMCA Takedown Notice?
A DMCA takedown notice is a formal written request sent by a copyright owner, or someone acting for them, asking a website or hosting provider to remove content that they believe infringes their copyright. Such notices usually include:
- identification of the original copyrighted work
- the exact location (URL) of the content they want removed
- the sender’s contact details
- a statement of good-faith belief that the use is not authorized
- a statement, made under penalty of perjury, that the information is accurate and that the sender is authorized to act
- a physical or electronic signature
How the Process Works
- The owner sends a notice to the website, its hosting provider, or the platform’s designated contact.
- The service provider acts. To keep its legal protection, it generally removes or disables access to the content quickly.
- The user is informed. The person who posted the content is usually notified.
- A counter-notice may be sent. If the user believes the removal was a mistake or the use is lawful, they can send a counter-notification.
- The content may be restored. If the copyright owner does not file a court action within the set time, the provider may restore the content.
What Is “Safe Harbor”?
Safe harbor is a protection in the DMCA for online service providers. It can shield a website or platform from legal responsibility for infringing material that its users upload, as long as the provider meets certain conditions. In general, these include:
- not knowing about the infringing material, or acting quickly to remove it once notified
- not receiving a direct financial benefit from the infringement when it can control it
- having a designated agent registered to receive copyright complaints
- having a policy for dealing with repeat infringers
Safe harbor does not protect you if you yourself post infringing material. It is designed for content that others post on your platform.
Copyright, Fair Use, and Public Domain
| Concept | Meaning |
|---|---|
| Copyright | The legal right of a creator to control how their work is copied and shared |
| Fair use | In US law, limited use of copyrighted material without permission for purposes such as commentary, criticism, news reporting, or education, judged case by case |
| Public domain | Works whose copyright has expired or does not apply, which anyone can use |
| License | Permission to use a work under stated conditions, such as some Creative Commons licenses |
Fair use is a defense, not a guarantee. Courts look at factors such as the purpose of the use, the nature of the work, how much was used, and the effect on the original’s market. Because it depends on the facts, saying “I gave credit” or “I only used a little” does not automatically make a use lawful.
How Website Owners Can Stay Safe
- Create your own content, or write in your own words instead of copying from other sites.
- Use images with clear permission. Use your own pictures, properly licensed stock images, or images with a license that allows your use. Always read the license terms, including whether credit is required.
- Check your design tools. If you make graphics with an online design tool, check its license terms for commercial use.
- Keep records. Save licenses, receipts, and the source of each image or file.
- Quote carefully. Use short quotes with a clear link to the source, and avoid copying large parts of someone else’s article.
- Publish clear website policies. Our Terms & Conditions page is an example of how a site explains the use of its content.
- Be careful with AI-generated material. Rules about copyright and AI content are still developing. Read the terms of any tool you use, and see our guide to generative AI for background.
If You Receive a Takedown Notice
- Do not ignore it. Notices usually have short deadlines.
- Read it carefully and identify exactly which content is being claimed.
- Check your rights. Do you have a license, permission, or created the work yourself?
- If you used the work without permission, remove it promptly and respond politely.
- If you believe the claim is wrong, you may be able to send a counter-notice, but you should speak to a qualified legal professional first, because it involves legal statements.
- Keep copies of all messages and dates.
If Someone Copies Your Content
- Save evidence: screenshots, URLs, and dates.
- Contact the