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  1. #1
    Join Date
    Sep 2010
    Posts
    1

    Default Preparing a DMCA Notice - Generalized or List Title by Title

    Hello there,

    I have a question about DMCA Notices.

    This is about a website.

    Have received a few DMCA Notices demanding that content be removed.

    These notices have been generalized, and do not list all content that needs to be removed (IE, asks to take down the entire site, instead of a listing of titles)

    Is that legal? Can these notices be generalized? Or, do these notices have to list each item?

    Thanks!

  2. #2
    Join Date
    Jan 2006
    Posts
    20,740

    Default Re: Preparing a DMCA Notice - Generalized or List Title by Title

    Here is what the statute says:

    To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
    (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

    (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

    (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

    (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

    (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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