What is the notice of infringement under the DMCA?
California’s intellectual property law includes provisions to protect copyrighted works through the Digital Millennium Copyright Act (DMCA). The DMCA provides a notice of infringement that allows copyright owners to protect their work from being used without their permission. Under the DMCA, the notice of infringement must include certain information in order to be valid, including the signature of the copyright owner or their authorized agent, a description of the copyrighted work being infringed upon, and contact information for the copyright owner or their agent. The notice of infringement must also contain a statement that the copyright owner has a good faith belief that the material identified in the notice is being used without their permission. To be valid, the notice of infringement must also be sent to the alleged infringer, the administrator of the service provider, and the United States Copyright Office. Once the notice of infringement is sent, the service provider must promptly take down the allegedly infringing material and notify the subscriber that their material has been removed or disabled. The notice of infringement must also inform the subscriber that they may send a counter-notification if they think the material was removed or disabled in error. The service provider must then restore the allegedly infringing material in 10-14 days if the subscriber sends a valid counter-notification.
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