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Digital Millennium Copyright Act (DMCA) | The Case LawyerDMCA Takedown Lawyer & Legal Services in Pakistan

DMCA in Pakistan

The Digital Millennium Copyright Act or DMCA was enacted into law in the late 1990s when the commercially available internet was still fairly new. The law was written to achieve several purposes but the overall goal was to address online copyright infringement in a way that balances the interests of copyright owners, online service providers and Internet users.

To protect copyright owners from infringement of their works, the DMCA allows them to ask website administrators to remove infringing material quickly without having to resort to litigation.

DMCA Legal Services

✅ Plan of Action, Legal Advice & Consultation Service for DMCA against pirated and counterfeit content.

✅ Start by searching and short-listing all the websites with the content that has been pirated, using all the web search engines (Google, Bing, Yahoo, AOL, Yandex, & others.

✅ De-index or remove all those websites/urls from the above-mentioned search engines.

✅ Report directly to the infringing site and the hosting provider of the infringing website by sending a DMCA Takedown Notice.

✅ Takedown content over social media platforms, video-sharing websites, and clouds like Facebook, YouTube, Twitter, Reddit, Dailymotion, VK, Youku, 4shared, Vimeo, Google-drive, blogspot, telegram etc.

Complete Legal Advice & Consultation Service.

Plan of Action against content infringement and protection.

DMCA takedown notice writing, filing and proceeding.

DMCA Counter Notice drafting and filing

DMCA Vigilance & Monitoring Service.

DMCA Registration, Badge & Certification.

Court Litigation & Arbitration.

To protect service providers whose users may post or distribute infringing content on their platforms, the DMCA shields them from liability for copyright infringement if they promptly remove the infringing material upon receiving a takedown notice from the copyright owner. This liability shield is often referred to as the safe harbor and to protect users. The DMCA provides a mechanism for restoring content that was taken down in error.

This putback procedure recognizes that platform users are also often creators of new works themselves.

This DMCA notice and takedown process is correctly applied when the users of a particular site or service are uploading infringing material and not when the site administrator itself is doing so. For example, when a copyright infringement occurs on a news site blog or business website the copyright owner should typically contact the administrator directly rather than sending a DMCA takedown notice.

On the other hand when copyright infringement occurs on a website where users are uploading or distributing copyrighted works like social media, e-commerce or discussion sites.


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Filing a DMCA Takedown Notice

If an infringing copy of your copyrighted work appears online and you want it removed you or your authorized representative can send a DMCA takedown notice to the service provider that is hosting the material.

How does the takedown process work?

You should locate the DMCA link on the providers platform where you will find instructions and the providers own form for submitting a takedown request. If you can’t find the provider’s takedown form, we may help you locate it. If the site administrator does not provide its own form, you will need to draft and send your own DMCA takedown notice and when the service provider receives your takedown request they will usually remove the infringing content within a few days and no further action is needed.

In most cases the service provider will notify the user who posted your material about the takedown notice before removing the infringing content.

The turnaround time between the sending of a notice and removal of the material will vary depending on the site’s internal practices. If the user believes the takedown notice was filed in error, they may send a counter notice to the service provider requesting that the material be reposted and if a valid counter notice is filed, the service provider will notify you and send you a copy of the counter notice and restore the material to the platform within 10 to 14 days unless you provide proof that you’ve taken legal action against the user prior to the material being reposted.

DMCA Takedown Notice Guidelines

Before sending a DMCA takedown notice, here are some guidelines you should know.

  1. First, the DMCA takedown process should never be used to remove material that is not infringing on a copyrighted work that you own or legally represent. For example you may have legal recourse against material that is embarrassing, harassing or critical but the DMCA does not apply.
  2. Second, only the copyright owner or the owner’s legal representative may send a takedown notice regarding a specific infringement of a work they legally own or represent. Use of the takedown procedure by anyone who is not the owner or owner’s representative is improper and may be subject to legal action.
  3. Third, a copyrighted work does not need to be registered with the US Copyright Office in order to use the DMCA takedown process.
  4. Fourth, before sending a takedown notice you should consider whether fair use or any other exception might apply and would permit the use. The DMCA takedown process should not be used as a tool to silence commentary that is permitted by fair use. For example you should think twice before sending a DMCA notice to take down a content that includes a portion of your work. For the purpose of criticizing it in many circumstances we suggest that you consider whether it may be easier or wiser to contact the user of your work directly rather than send a takedown notice. This is especially true when the user is a fellow creator or a fan. For example you may be fine with the use if slight changes are applied or the user credits you is the author and this may be best accomplished through direct contact if possible rather than a takedown notice.
  5. Another consideration is that the DMCA notice and takedown process can be time-consuming or may cause ill-will because of this you may want to monitor and consider how your works are being used in each circumstance and to prioritize notice sending based on the infringing uses most likely to cause harm. There is no absolute rule that applies to every creator so we encourage creators to consider their needs and resources and to develop a DMCA strategy that works for them.
Sending a Takedown Notice

Most internet providers have a page on their site where you may find instructions and the provider’s own form for submitting a DMCA takedown request. If you can’t find the provider’s takedown form then we may help you to locate it.

If the site does not provide its own form you will need to draft and send your own DMCA takedown request to find out where to send a takedown notice.

The US Copyright Office website hosts a DMCA Agent Directory where you can find the contact information for the service providers designated DMCA Agent the designated agent is the party to whom all notices for a given service provider must be sent.

The DMCA takedown notice should include the following information:

  1. A clear identification of the work that has been infringed.
  2. A description of the infringing activity and a link to the infringing file.
  3. A statement of good faith indicating your belief that an infringement has in fact occurred for a statement that all information provided is accurate and that under penalty of perjury you are authorized to file the notice.
  4. Your contact information and signature.
Responding to a takedown notice / Counter Notice

What happens if you receive a takedown notice for your own content or if you believe that you did not infringe on the notice sender’s work?

  1. First, don’t panic because in nearly all cases a takedown notice is not a prelude to a lawsuit. The copyright owner simply wants the material removed from the platform but it’s also a good idea to confirm that the notice has been properly filed or not.
  2. Second, you should review the notice to confirm that it includes the correct information as stated above.
  3. Third, you should confirm that the notice sender is either the copyright owner or a legal representative like a law firm publisher or a rights management organization acting on behalf of the copyright owner.
  4. Fourth, if you are a fellow creator you should do an honest assessment of the likelihood that the use was in fact infringing or consider whether there is some other legal reason you may be allowed to use the work such as it being a fair use or a work license by the platform but this honest assessment goes both ways and you should acknowledge when the use may likely be infringing before responding to the takedown notice.
  5. Fifth, if the takedown notice contains an error or if you firmly believe that a fair use has been made then filing a counter notice may be the right response but you should seriously way both the merits and the importance of the use because a counter notice can trigger legal action if the copyright owner feels strongly that an infringement does exist.
  6. Sixth, most service providers have repeat infringer policies that will terminate a user’s account if they are the subject of too many unchallenged takedown requests. Therefore if this is not the first takedown request you have received, you may want to consider the possibility that your account may be terminated if you do not file a counter notice provided of course that the counter notice is justified if no counter notice is sent. This service provider will remove the material at issue and no further action is needed.
Elements of a Counter Notice

If the content you uploaded is subject of a takedown request that you believe was made in error, you may decide to file a DMCA counter notice to have the content re-posted.

The counter notice should be sent to the service provider and when the service provider notifies you about the DMCA takedown request, they may also provide you with instructions for filing a counter notice, including where to send the counter notice.

If the service provider does not provide this information, you can find out where to send a counter notice by accessing DMCA Designated Agent Directory located in the U.S. Copyright Office Website.

The Designated Agent is a party to whom all takedown notices and counter notices for a given service provider must be sent.

The counter notice should include the following information:

  • A description of the alleged infringing activity and a link of its location on the website.
  • A statement of a good faith and under penalty of perjury, indicating your belief that the material was removed by mistake.
  • Your contact information and signature.
  • A statement of consent to jurisdiction of the court in the district of the copyright owner.

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It would be appropriate for you to consult with us before forwarding any DMCA takedown request or DMCA counter notice because it may cause trouble if anything is made incorrect.

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