What is the notice of infringement under the DMCA?

The notice of infringement under the Digital Millennium Copyright Act (DMCA) in Louisiana is a document that informs a copyright holder that their work has been infringed upon, or used without their permission. A copyright holder must first provide a written notice of their copyright infringement claim to the alleged infringer. This notice must include the copyright holder’s contact information, a description of the copyrighted work, a description of the allegedly infringing work, and a statement alleging that the alleged infringer does not have permission to use the copyrighted work. Once the copyright holder sends the notice, the alleged infringer must take down or suspend the infringing content. If the alleged infringer does not comply, the copyright holder can send a claim of infringement to the ISP hosting the content. This is known as a “notice of infringement” and must include the same information from the initial notice. The notice of infringement should not include any type of legal threat or demand for payment. The copyright holder should only use the notice to inform the alleged infringer of their infringement and the need to take down or suspend the violating content. If the alleged infringer does not adhere to the notice, the copyright holder can then take legal action in order to protect their work.

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What is the notice of infringement under the DMCA?

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