legal-dmca

> **Templates only - not legal advice.** Have an attorney review before signing or distributing.

# Legal - DMCA Takedown Toolkit

Three modes:

1. **Takedown notice mode** - generate a DMCA §512(c)(3) takedown notice to send to a service provider hosting infringing content
2. **Counter-notice mode** - generate a §512(g) counter-notice for the alleged infringer to push back on a takedown
3. **Designated-agent registration walkthrough** - guide a service provider through registering a DMCA agent at dmca.copyright.gov, which is **a prerequisite for §512 safe-harbor protection**

The DMCA is US federal law (17 USC §512). Some non-US jurisdictions have analogues (EU Directive on Copyright in the Digital Single Market 2019/790 Art. 17; UK CDPA; Canada Copyright Modernization Act notice-and-notice). This skill is US-centric; for non-US, surface the analogous regime and refer to local counsel.

## When to use

- Your copyrighted work is hosted on a third-party service without authorization → takedown notice
- You received a takedown notice and believe it is mistaken or fair use → counter-notice
- You operate a service that hosts user-generated content and want §512 safe harbor → designated-agent registration

## When NOT to use as-is

- Defamation, trade-secret misappropriation, or trademark claims - DMCA §512 does not cover these. Use `legal-cease-and-desist` instead.
- High-volume / commercial-scale infringement - engage litigation counsel immediately; takedown is just the starting move.
- Children's privacy or content-moderation issues - different framework.
- Knowingly false takedown notices - §512(f) creates liability for misrepresentation. *Lenz v. Universal*, 815 F.3d 1145 (9th Cir. 2016) requires good-faith fair-use consideration before sending.

## Required inputs (ask upfront)

Common to all modes:

1. **Jurisdiction** - default US (DMCA is US federal); flag non-US scenarios prominently and route to local counsel
2. **Mode** - takedown / counter-notice / agent-registration

For takedown mode, additionally:

3. **Copyright holder identity** - name, contact info, agent-of-record if any
4. **Copyrighted work** - description, URL/registration number if registered with US Copyright Office, date of creation
5. **Infringing material location** - URLs (specific pages, not just the host root)
6. **Service provider receiving the notice** - name + designated-agent contact (find at dmca.copyright.gov/list)
7. **Good-faith and fair-use evaluation** - confirm the user has considered whether the use is fair (this is required by *Lenz v. Universal*)

For counter-notice mode:

8. **Original takedown notice received** - full text + claim ID
9. **User identity** - name, address, phone, email
10. **Basis for counter-notice** - mistaken identity / fair use / authorized use / non-infringing material
11. **Consent to jurisdiction** - counter-notice REQUIRES the user consent to federal court in their district (or in the case of foreign users, in the jurisdiction where the service provider is located)

For agent-registration mode:

12. **Service provider name and address**
13. **Designated agent** - individual or entity that will receive notices
14. **Agent contact details** - name, organization, mailing address, phone, email
15. **Service URL(s) where the agent contact will be displayed**

## Workflow - Takedown notice mode

### Step 1: Confirm fair-use / good-faith review

Ask the user to confirm:
- "Have you considered whether the use of your copyrighted material might qualify as fair use under 17 USC §107 (purpose, nature, amount, market effect)?"
- "Are you the copyright holder or authorized to act on the holder's behalf?"

If user is unsure about fair use, surface the *Lenz v. Universal* requirement and recommend attorney review before sending. Do not refuse to generate but make the warning prominent in the output.

### Step 2: Locate the designated agent

Tell the user: "DMCA notices must be sent to the service provider's **designated agent**, registered at https://dmca.copyright.gov/list - not to a generic support address. Confirm the agent contact before sending."

If the user does not have the agent contact, run a `web_extract` against dmca.copyright.gov/list?searchType=name with the service provider's name.

### Step 3: Generate the takedown notice - verbatim canonical text

Reproduce verbatim:

```
DMCA TAKEDOWN NOTICE

To: [Designated Agent Name], DMCA Designated Agent
[Service Provider Name]
[Designated Agent Mailing Address]
[Designated Agent Email]

Date: [DATE]

Re: Notice of Infringement Pursuant to 17 U.S.C. §512(c)(3)

Dear DMCA Agent:

I am writing pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(3), to provide notice of copyright infringement. The information below is provided in good faith and is accurate to the best of my knowledge under penalty of perjury.

1. Identification of the copyrighted work claimed to have been infringed:
[DESCRIPTION OF COPYRIGHTED WORK - title, type (image / video / text / software), date of creation, U.S. Copyright Office registration number if registered, and a representative example or URL where the original work is published.]

2. Identification of the material that is claimed to be infringing and that is to be removed:
[SPECIFIC URL(s) of infringing material on the service provider's platform - list each URL separately. Be specific; "their whole site" is not sufficient.]

3. Information reasonably sufficient to permit the service provider to contact me:
Name: [COMPLAINANT NAME]
Address: [STREET ADDRESS]
Phone: [PHONE]
Email: [EMAIL]

4. Statement of good-faith belief:
I have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

5. Statement of accuracy and authority (under penalty of perjury):
I state, under penalty of perjury, that the information in this notice is accurate, and that I am the copyright owner or am authorized to act on behalf of