• strict warning: Declaration of FeedsImporter::copy() should be compatible with FeedsConfigurable::copy(FeedsConfigurable $configurable) in /home/writezil/public_html/sites/all/modules/feeds/includes/FeedsImporter.inc on line 94.
  • strict warning: Declaration of FeedsNodeProcessor::map() should be compatible with FeedsProcessor::map($source_item, $target_item = NULL) in /home/writezil/public_html/sites/all/modules/feeds/plugins/FeedsNodeProcessor.inc on line 319.
  • strict warning: Declaration of FeedsNodeProcessor::setTargetElement() should be compatible with FeedsProcessor::setTargetElement(&$target_item, $target_element, $value) in /home/writezil/public_html/sites/all/modules/feeds/plugins/FeedsNodeProcessor.inc on line 319.
  • strict warning: Declaration of FeedsFeedNodeProcessor::map() should be compatible with FeedsProcessor::map($source_item, $target_item = NULL) in /home/writezil/public_html/sites/all/modules/feeds/plugins/FeedsFeedNodeProcessor.inc on line 227.
  • strict warning: Declaration of FeedsFeedNodeProcessor::setTargetElement() should be compatible with FeedsProcessor::setTargetElement(&$target_item, $target_element, $value) in /home/writezil/public_html/sites/all/modules/feeds/plugins/FeedsFeedNodeProcessor.inc on line 227.
  • strict warning: Declaration of FeedsUserProcessor::map() should be compatible with FeedsProcessor::map($source_item, $target_item = NULL) in /home/writezil/public_html/sites/all/modules/feeds/plugins/FeedsUserProcessor.inc on line 195.
  • warning: preg_replace(): Compilation failed: disallowed Unicode code point (>= 0xd800 && <= 0xdfff) at offset 1809 in /home/writezil/public_html/modules/search/search.module on line 334.
  • warning: preg_replace(): Compilation failed: disallowed Unicode code point (>= 0xd800 && <= 0xdfff) at offset 1809 in /home/writezil/public_html/modules/search/search.module on line 334.
  • warning: preg_replace(): Compilation failed: disallowed Unicode code point (>= 0xd800 && <= 0xdfff) at offset 1809 in /home/writezil/public_html/modules/search/search.module on line 334.
  • warning: preg_replace(): Compilation failed: disallowed Unicode code point (>= 0xd800 && <= 0xdfff) at offset 1809 in /home/writezil/public_html/modules/search/search.module on line 334.
  • warning: preg_replace(): Compilation failed: disallowed Unicode code point (>= 0xd800 && <= 0xdfff) at offset 1809 in /home/writezil/public_html/modules/search/search.module on line 334.
  • warning: preg_replace(): Compilation failed: disallowed Unicode code point (>= 0xd800 && <= 0xdfff) at offset 1809 in /home/writezil/public_html/modules/search/search.module on line 334.
  • You must include at least one positive keyword with 3 characters or more.
  • strict warning: Non-static method view::load() should not be called statically in /home/writezil/public_html/sites/all/modules/views/views.module on line 843.
  • strict warning: Declaration of views_plugin_display::options_validate() should be compatible with views_plugin::options_validate(&$form, &$form_state) in /home/writezil/public_html/sites/all/modules/views/plugins/views_plugin_display.inc on line 1877.
  • strict warning: Declaration of views_plugin_display_block::options_submit() should be compatible with views_plugin_display::options_submit(&$form, &$form_state) in /home/writezil/public_html/sites/all/modules/views/plugins/views_plugin_display_block.inc on line 193.
  • strict warning: Declaration of views_handler_field_broken::ui_name() should be compatible with views_handler::ui_name($short = false) in /home/writezil/public_html/sites/all/modules/views/handlers/views_handler_field.inc on line 641.
  • strict warning: Declaration of views_handler_sort_broken::ui_name() should be compatible with views_handler::ui_name($short = false) in /home/writezil/public_html/sites/all/modules/views/handlers/views_handler_sort.inc on line 82.
  • strict warning: Declaration of views_handler_filter::options_validate() should be compatible with views_handler::options_validate($form, &$form_state) in /home/writezil/public_html/sites/all/modules/views/handlers/views_handler_filter.inc on line 585.
  • strict warning: Declaration of views_handler_filter::options_submit() should be compatible with views_handler::options_submit($form, &$form_state) in /home/writezil/public_html/sites/all/modules/views/handlers/views_handler_filter.inc on line 585.
  • strict warning: Declaration of views_handler_filter_broken::ui_name() should be compatible with views_handler::ui_name($short = false) in /home/writezil/public_html/sites/all/modules/views/handlers/views_handler_filter.inc on line 609.
  • strict warning: Declaration of views_handler_filter_boolean_operator::value_validate() should be compatible with views_handler_filter::value_validate($form, &$form_state) in /home/writezil/public_html/sites/all/modules/views/handlers/views_handler_filter_boolean_operator.inc on line 128.
  • strict warning: Declaration of views_plugin_style_default::options() should be compatible with views_object::options() in /home/writezil/public_html/sites/all/modules/views/plugins/views_plugin_style_default.inc on line 25.
  • strict warning: Declaration of views_plugin_row::options_validate() should be compatible with views_plugin::options_validate(&$form, &$form_state) in /home/writezil/public_html/sites/all/modules/views/plugins/views_plugin_row.inc on line 135.
  • strict warning: Declaration of views_plugin_row::options_submit() should be compatible with views_plugin::options_submit(&$form, &$form_state) in /home/writezil/public_html/sites/all/modules/views/plugins/views_plugin_row.inc on line 135.
  • strict warning: Non-static method view::load() should not be called statically in /home/writezil/public_html/sites/all/modules/views/views.module on line 843.
  • strict warning: Declaration of content_handler_field::options() should be compatible with views_object::options() in /home/writezil/public_html/sites/all/modules/cck/includes/views/handlers/content_handler_field.inc on line 208.
  • strict warning: Non-static method view::load() should not be called statically in /home/writezil/public_html/sites/all/modules/views/views.module on line 843.
  • strict warning: Non-static method view::load() should not be called statically in /home/writezil/public_html/sites/all/modules/views/views.module on line 843.
  • strict warning: Non-static method view::load() should not be called statically in /home/writezil/public_html/sites/all/modules/views/views.module on line 843.
  • strict warning: Non-static method view::load() should not be called statically in /home/writezil/public_html/sites/all/modules/views/views.module on line 843.
  • strict warning: Declaration of views_handler_argument::init() should be compatible with views_handler::init(&$view, $options) in /home/writezil/public_html/sites/all/modules/views/handlers/views_handler_argument.inc on line 745.
  • strict warning: Declaration of views_handler_argument_broken::ui_name() should be compatible with views_handler::ui_name($short = false) in /home/writezil/public_html/sites/all/modules/views/handlers/views_handler_argument.inc on line 770.

How to Prepare and Use a DMCA Takedown Notice

https://i2.wp.com/writerunboxed.com/wp-content/uploads/2019/03/Noirathsi... 300w, https://i2.wp.com/writerunboxed.com/wp-content/uploads/2019/03/Noirathsi... 640w" sizes="(max-width: 525px) 100vw, 525px" data-recalc-dims="1" />Flickr Creative Commons: Noirathsi’s Eye
The Digital Millennium Copyright Act (“DMCA”) is a U.S. law designed to protect content creators (and Internet Service Providers), and to “maintain a balance between the rights of authors and the larger public interest.”
I could write a book (and people have) describing the DMCA in detail, but the part of the law most relevant to authors – and the topic of today’s post – is the DMCA Takedown Notice. 
(Advance apologies for the length of this post, but it takes a little space to describe the process in a useful way.)
Under the DMCA, website hosts and ISPs must promptly investigate and resolve copyright infringement claims, provided the claims are presented in a DMCA-compliant notice (normally called a “DMCA Takedown Notice”). The legal requirements for this notice are established in 17 U.S. Code Section 512 (c)(3). In practical English:
To put an ISP on notice of copyright-infringing material on a hosted website, the person claiming infringement (or his/her representative) must send the ISP a written notice (many ISPs accept these notices in electronic format, and many websites post a DMCA submission form) containing the following information:

  1. Identification of the infringing material that the owner is asking the ISP to remove (or disable access to), along with enough information for the ISP to locate the material. (Normally, a URL or link to the infringing content on the hosted website.)
  2. Identification of the copyrighted work the owner claims has been infringed. (If multiple works by one author are involved, the owner can send a single notice that lists all of the works.)
  3. Sufficient information for the ISP or website to contact the author of the DMCA complaint. (Generally, a physical address, telephone number, and valid email address.)
  4. A statement that the complaining party (you, if you’re preparing the notice) has a good faith belief that use of the copyrighted material is not authorized by the copyright owner, any agent of the owner (such as a publisher), or the law.
  5. A statement, made under penalty of perjury, that the information in the notice is accurate and that the complaining party (you, if you’re sending it) is the copyright owner or legally authorized to act on the owner’s behalf.
  6. The physical or electronic signature of the copyright owner (or an authorized representative, like an attorney, agent, or publisher).

Before you send a DMCA notice to a website or ISP you should:

  • Make sure the website doesn’t have permission to post the material. Check your contracts, licenses, and grants of rights (and check with your publisher, if you have one) to make sure the use is actually a copyright infringement. It’s embarrassing to send a DMCA notice and get a response that says, “We have a license.”
  • Make sure the use is not “Fair Use.” Generally, offering free access to a copyrighted work, in its entirety, without permission, is copyright infringement – but if the use is only an excerpt, or if you’re not certain about fair use, contact a lawyer before proceeding with a DMCA notice.
  • Confirm the proper recipient of the notice. If the website doesn’t include a copyright agent or administrator’s contact information, you can generally send the notice to the website host (the ISP that hosts the website on its servers).

Be aware: a DMCA Notice is only legally operative within the United States, in countries that are signatories to the copyright treaty that prompted the DMCA’s enactment in the United States, and in countries that have enacted laws similar to the DMCA (with similar notice requirements).  
And now for the bad news:
Unfortunately, even within the United States, DMCA notices are a lot like locks – they only work with honest people. Since most of the people who steal content are not honest to begin with, many DMCA notices end up being ineffective.
Also, while you can send a DMCA notice anywhere in the world, it doesn’t carry the same legal weight outside the United States, and websites that exist purely to infringe copyrights (by pirating material) will ignore infringement notices (for obvious reasons). Regrettably, neither DMCA notices nor litigation tend to be effective at stopping deliberate infringement.
That said, DMCA notices can be effective with U.S. based websites, especially those that host third-party work on a regular basis.
Finally, here’s a sample DMCA notice, so you see what one actually looks like:
*****
[Notice Address of ISP to whom the notice is sent]
Attention: [ISP Name] Copyright Agent [Agent/ISP Contact address]
This letter is an official DMCA Takedown Notice, intended to provide you with formal notice of copyright infringement and a request to remove infringing material pursuant to Section 512 of the U.S. Copyright Act (17 USC § 512) and any other applicable laws or regulations.
The following copyrighted works (“Works”) are or have been posted on your website without the permission of the author or copyright holder:
[List of works infringed, by title, including publisher and copyright date.]
The Works are or have been posted at the following location(s) on your website:
[URL’s on the relevant website where the infringing work appears.] 
The address, telephone number and e-mail contact information of the individual providing this notice are as follows:
[Address, phone, email redacted.]
To the best of my knowledge and good faith belief, that use of the Works on your website is not and has not been authorized by the copyright owner, any agent of the copyright owner, or applicable law. Please remove the Works from the referenced portions of your website immediately.
I hereby declare, under penalty of perjury, that: (a) the information in this notice is complete and accurate to the best of my personal knowledge and belief, (b) I am either the copyright holder or a person legally authorized to act on behalf of the copyright holder, and (c) the physical or electronic signature at the end of this communication is the signature of the copyright owner or person authorized to act on behalf of the copyright owner of the works listed above.
Please contact me immediately if you require additional information.
Respectfully, [Signature.]
*****
While not all DMCA notices will be effective (and, regrettably, many will not), knowing how to prepare and use a DMCA Takedown Notice is an important skill for authors to possess, and it can be an effective tool for removing infringing content from the Internet.
And now for the legalese:
DISCLAIMER: The sample DMCA Notice above, and the content of this post, are provided for informational purposes only, and are not provided or intended as legal advice to any person. This article does not create an attorney-client relationship between the author and any person. Use of information appearing at this article is done at the user’s own risk and not at the advice of the author or any other person, and neither the author nor Writer Unboxed have made any representations or warranties about its effectiveness. If you think you need legal advice, or that you have legal claims against any person or entity, consult a lawyer promptly.

About Susan SpannSusan Spann writes the Hiro Hattori Novels (Shinobi Mysteries) featuring ninja detective Hiro Hattori and his Portuguese Jesuit sidekick, Father Mateo, who solve mysteries set in medieval Japan. Her first novel, Claws of the Cat: A Shinobi Mystery (Minotaur, 2013) was a Library Journal mystery debut of the month and a finalist for the Silver Falchion Award for Best First Novel. Her fourth Hiro Hattori novel, The Ninja’s Daughter, releases August 2, 2016 from Seventh Street Books.

Susan is the 2015 Rocky Mountain Fiction Writers’ Writer of the Year, and also a transactional attorney whose practice focuses on business and publishing law. She founded and curates the Twitter hashtag #PubLaw (for Writers), where she answers questions and provides information about publishing business and legal issues.

When not writing or representing clients, Susan enjoys traditional archery, reading fiction and nonfiction, and raising seahorses and rare corals in her marine aquarium. She lives outside Sacramento, California, but you can find her online at http://www.SusanSpann.com, on Twitter (@SusanSpann), or on Facebook/SusanSpannBooks.Web | Twitter | Facebook | More Posts

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Fast fact about writing

It has been said that a monkey, randomly typing away on a typewriter (in the days when typewriters replaced the pen or plume as the preferred instrument of writing) could re-create Shakespeare-- but only if it lived long enough (this is known as the infinite monkey theorem).