A DMCA takedown notice is a formal request under US copyright law asking a provider to remove material that copies your content, such as a cloned website.
A DMCA takedown notice is a request, made under the US Digital Millennium Copyright Act, asking an online service provider to remove or disable access to material that infringes a copyright. For brands, it is useful when a phishing or scam site copies their own website text, images, design or code, because those elements are usually protected by copyright even when the scam itself is handled through other channels.
How it works
Under 17 U.S.C. § 512, providers that remove material promptly after a valid notice keep their "safe harbor" protection from liability. Section 512(c)(3) lists what a notice must contain:
- a physical or electronic signature of a person authorized to act for the copyright owner;
- identification of the copyrighted work, or a representative list if there are several;
- identification of the infringing material and information reasonably sufficient to locate it, such as URLs;
- contact information for the complaining party;
- a statement of good faith belief that the use is not authorized by the owner, its agent or the law;
- a statement that the information is accurate and, under penalty of perjury, that the sender is authorized to act for the owner.
The person whose material is removed can send a counter-notice, and knowingly false claims can create liability, so notices should be accurate. Many providers outside the US run similar copyright complaint processes.
Example
As an illustration, a scam shop at examplestore-outlet[.]com uses a retailer's product photos and descriptions copied directly from the official site. The retailer's agent sends a DMCA notice to the hosting provider listing the original pages and the copied URLs, with the required statements and signature. The provider removes the copied material.
When to use it
- A site copies your website, images, text or code.
- A host or platform does not act on phishing or fraud reports but does process copyright notices.
- Copied content appears on marketplaces, social media or app stores.
- The provider is based in the US or uses a DMCA-style process.
What brands can do
Keep records of original content and its publication dates, and decide who may sign notices on the brand's behalf. Use DMCA notices alongside, not instead of, phishing abuse reports. If a partner sends notices for you, a letter of authorization confirms their authority. Phishvoid prepares and files DMCA notices against cloned sites as part of a phishing takedown; contact us for details. This is general information, not legal advice.
Read more: DMCA Notices Against Cloned Websites: When They Work
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