A DMCA notice is written to read like a legal threat, and it works. The first instinct is either to delete everything or to fire back an angry reply. Both are usually wrong. Take ten minutes and work through these four questions in order.
1. Is it real?
Fake copyright notices are a well-worn scam. Some carry a link or attachment that installs malware — "see the infringing images here". Others demand that you add a link to "credit the photographer", which is someone buying backlinks with fear. A few try to scare you into paying a "licence fee" to an account that has nothing to do with the rights holder.
A genuine notice names the specific URLs, identifies the work it says is being infringed, includes a statement that the complaint is made in good faith and is accurate, and is signed by someone claiming to act for the owner. It rarely needs you to click anything. If a notice is vague, asks for money or a link, or pushes you to download a file, treat it as phishing.
2. Who sent it, and to whom?
A notice forwarded by your host has already been through the host's process and usually comes with a deadline. One sent straight to you by the complainant carries no deadline you are bound by. One sent to Google affects your search listing, not your server. Knowing which door it came through tells you what is actually at stake.
3. Is the claim right?
Be honest with yourself here. If you uploaded someone else's photo, film or software without permission, removing it is the quick and cheap end of the story. If the content is yours, properly licensed, or a short quotation used for review, criticism or news, the claim may well be wrong — automated systems match on titles and keywords and get it wrong regularly.
4. What will your response commit you to?
You have three realistic options.
- Remove the content. The fastest route, with nothing further to do.
- Send a counter-notice. Under the DMCA, a host that receives a valid counter-notice restores the content after 10 to 14 business days unless the complainant goes to court. The catch: your counter-notice includes your name, address and phone number, it is passed to the complainant, and you agree to the jurisdiction of a US federal court. Only send one if you are confident and prepared for that.
- Do nothing. Reasonable for a notice you have confirmed is a scam, or one sent directly to you with no host involved. Not reasonable when your host is the one asking.
If the notices keep coming
A site that is lawful but keeps getting reported — reviews, commentary, a busy forum — is a good candidate for a host that does not act on DMCA notices automatically. That takes the server out of the problem. It does not stop search engines removing URLs, so the honesty in step 3 still applies. We wrote up exactly what DMCA ignored hosting does and does not cover for that reason.
Tired of a lawful site being taken down by automated notices? Our DMCA Ignored Hosting does not suspend sites on the strength of a DMCA email.