Under U.S. copyright law, the following elements should be included in a takedown notice:
- The signature of the copyright owner or owner’s agent, in physical or electronic form.
- Identification of the: (i) copyrighted work(s) infringed; (ii) the infringing activity; and (iii) the location of the infringing activity (typically by providing the URL).
- Contact information of the notice sender, including an email address.
- A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law.
- A statement that the information provided is accurate and the notifier is authorized to make the complaint on behalf of the intellectual property or copyright owner.
For further information about the DMCA’s notice and takedown provisions, counter notices, and fair use, please contact Whitney Coble at [email protected] or any member of the Technology Transactions or Intellectual Property practice groups at Morris, Manning & Martin, LLP. If your company is providing services in the EU, you may also wish to review this legal update pertaining to the new EU Directive regarding liability for posting infringing material.