There is a fact that the DMCA process does begin when a copyright holder or someone, who acts on their behalf, submits a DMCA (known as Digital Millennium Copyright Act) takedown notice to us, stating that their content is published on WP with no permission. They are able to submit a DMCA takedown notice via. our form, email, or printed letter. Then, here must be what happens:
We review the notice.
We will absolutely delete the content if the notice is complete and valid.
We notify the site owner and reply to the copyright holder to notify them that we have taken action.
We add a strike to the site owner’s account if they don’t counter the notice.
In case the site owner believes they have rights to use the content or that the notice was submitted incorrectly, we review and process their counter notice.
We restore the content in case the copyright holder does not take further legal action within 10 business days.
However, in this guide, we will take a look at How to do the DMCA process to help you know more deeply about this topic.
To do the DMCA process
- Step 1: Review the Takedown Notice
- Step 2: Remove the Content
- Step 3: Notify the Site Owner and Reply to the Copyright Holder
- Step 4: Add a Strike
- Step 5: Review and Process the Counter Notice
- Step 6: Restore the Content
Step 1: Review the Takedown Notice
When first receiving a DMCA takedown notice regarding a website, we review it to confirm that all of the required factors are already rpesent. Due to the fact that DMCA is law, we cannot accept a notice that is missing any of the piếc listed here.
Moreover, to review notices for completeness, we also assess their validity. Even though we respect copyrights, we also support everybody’s right to use content within the boundaries under the law’s control. Particularly, we reject notices that seem to be fraudulent or where the content regconized as:
NOT copyrightable (for example, a person’s name).
NOT content that the complaining party may not own the copyright for (for example, the subject of a photo isn’t necessarily the copyright owner of the photo).
NOT fair use of copyrighted content.
Step 2: Remove the Content
We delete the content from the site and replace it with a DMCA removal message if we receive a complete and valid DMCA takedown notice. For instance, if we receive a DMCA takedown notice for an image within a post, we will replace that image only with a placeholder and insert text at the bottom of the post. Of course, the rest of the post and site will definitely not be affected.
Step 3: Notify the Site Owner and Reply to the Copyright Holder
Whenever removing content from a website in response to a DMCA takedown notice, we email the site owner and provide a copy of the original complaint. Also, we notify the copyright holder to let them be aware that the allegedly infringing content has been removed.
In case the owner of the site desires to republish the post, they have the right to modify the post to remove the particular content at issue. (This option is only available when only a portion of a post was regconized as infringing.) After making the changes, the site owner has to reply to our message to request removal of the DMCA takedown message.
Under no circumstances are the site owner allowed to republish the allegedly infringing content. Republishing content that was removed after receipt of a valid DMCA takedown notice could lead to the site being suspended from WordPress.com permanently. If the counter notice procedure is followed, we will restore the content at the appropriate time.
Step 4: Add a Strike
The DMCA requires us to have a repeat infringer policy. Therefore, if a site owner does not counter a complete and valid DMCA takedown notice, we add a strike to their account.
We assess strikes after 10 business days to make sure that no one’s site is suspended before they have a chance to review the problem and submit a valid counter notice.
Step 5: Review and Process the Counter Notice
There might be a time the site owner will disagree with the DMCA takedown notice, believing that they are using the content lawfully. We encourage site owners to submit a counter notice if this is the case. After reviewing the counter notice for completeness, we reply to the site owner and notify the copyright holder, providing them with a copy.
Step 6: Restore the Content
Despite the counter notice, the site owner are not able to republish the content because the copyright holder then has 10 business days to initiate legal proceedings against the site owner to keep them from using their content on WP. If the copyright holder hasn’t initiated legal proceedings at the end of the 10 business days, the DMCA will require us to restore the content.
Thank you for reading! Please note that you will be notified with an email notification if there is any content blocked on your site as a result of a DMCA notice.