The U.S. congress enacted the Digital Millennium Copyright Act (DMCA) of 1998 in an attempt to balance the interests of internet service providers (ISPs) and copyright owners for online copyright infringement. The goal of DMCA is to protect the rights of both copyright owners and consumers. Effectively, ISPs are protected from copyright infringement liability for any user-posted content on the ISP's servers or website, provided the ISPs follow certain statutory requirements. The DMCA protects only the internet service provider and not the users of its system who infringe copyright. Our copyright attorneys can assist in your DMCA policy creation and provide you guidance in properly responding in the event you receive a DMCA take-down notice. For more information on DMCA- related remedies such as injunctions, impoundments, damages, and criminal penalties, visit our page on DMCA's Anti-Circumvention Remedies .
If an ISP receives a valid "take-down notices," it must remove any content for which a user cannot show ownership. A valid "take-down notice" would include the following from a copyright content owner:
In the event an ISP receives a valid "take-down notices," it must remove any content for which a user cannot show ownership. However, if a party believes their material was taken down mistakenly or otherwise misidentified, one may send the ISP a valid "counter-take-down notice." A proper counter "take-down notice" would include the following from the party who had material taken offline:
If your materials have been wrongfully removed from an Amazon, Google, or any other ISP, our Dallas DMCA attorneys can assist in getting your materials back online and available to the public.
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