DMCA
Intellectual Property and Technology | CopyrightWe handle all aspects of Digital Millennium Copyright Act compliance and enforcement, including takedown notices, counter-notices, safe harbor compliance, and anti-circumvention matters.
Overview
Navigating Digital Copyright Protection
The Digital Millennium Copyright Act provides essential tools for protecting copyrighted content in the digital environment while shielding online service providers from liability. Our DMCA practice helps copyright owners enforce their rights and helps platforms maintain safe harbor protection.
Takedown Notices
When infringing content appears online, DMCA takedown notices provide an efficient removal mechanism. We draft and send takedown notices that comply with statutory requirements—identifying the copyrighted work, the infringing material, and providing required declarations. Properly crafted notices trigger prompt removal obligations. We pursue takedowns across platforms, websites, and hosting services.
Counter-Notice Response
When clients receive takedown notices, we evaluate validity and respond appropriately. We prepare counter-notices when takedowns are improper, restoring access to legitimate content. We advise on the risks and timing of counter-notification and manage the process through potential litigation.
Safe Harbor Compliance
Online service providers depend on DMCA safe harbors to limit copyright liability for user-posted content. We help platforms implement compliant notice-and-takedown procedures, designate DMCA agents, and maintain policies that preserve safe harbor protection. We audit existing procedures and recommend improvements.
Repeat Infringer Policies
Safe harbor requires appropriate policies addressing repeat infringers. We help platforms develop and implement repeat infringer policies that satisfy legal requirements while treating users fairly. We advise on policy application and termination decisions.
Anti-Circumvention
DMCA Section 1201 prohibits circumvention of technological protection measures. We advise on anti-circumvention compliance for both rights holders deploying protective technologies and parties who may need to circumvent for legitimate purposes. We navigate the triennial rulemaking exemptions and fair use considerations.
DMCA Litigation
When informal enforcement fails, we pursue DMCA claims in federal court. We litigate takedown compliance failures, safe harbor disputes, and anti-circumvention violations. We also defend against improper DMCA claims and Section 512(f) liability for knowing material misrepresentation in takedown notices.
Platform Policy Development
Major platforms have developed sophisticated content moderation systems beyond basic DMCA requirements. We help platforms develop policies that protect rights holders, treat users fairly, and manage legal and reputational risk. We advise on Content ID systems, trusted flaggers, and graduated response programs.
International Considerations
DMCA applies to U.S. operations, but digital content flows globally. We coordinate DMCA enforcement with international notice-and-takedown regimes including EU e-Commerce Directive procedures and country-specific approaches. We develop global enforcement strategies leveraging appropriate mechanisms in each jurisdiction.
Our Services
copyright
Federal registration and validity opinions
copyright_enforcement
Federal registration and validity opinions
intellectual_property_and_technology
Federal registration and validity opinions
internet
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Notices must identify the copyrighted work, the infringing material and its location, contact information, good faith belief statement, accuracy statement under penalty of perjury, and physical or electronic signature.
The statute requires 'expeditious' removal. Most platforms remove within 24-72 hours. Delays risk losing safe harbor protection.
The platform must restore content within 10-14 business days unless the copyright owner files a federal lawsuit and notifies the platform.
DMCA safe harbors shield qualifying service providers from monetary liability for user copyright infringement if they follow notice-and-takedown procedures and meet other requirements.
Takedowns require good faith belief of infringement. Knowing material misrepresentation can result in liability under Section 512(f), including damages and attorneys' fees.
DMCA Section 1201 prohibits circumventing technological protection measures and trafficking in circumvention tools. Limited exemptions exist through triennial rulemaking.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
