Claimed Copyright Infringement Notice Template for the United States

When you discover someone using your copyrighted work without permission, a Claimed Copyright Infringement Notice provides the legal framework to address the violation under United States law. This formal document serves as your first line of defense against copyright infringement, enabling you to notify both the alleged infringer and relevant service providers about unauthorized use of your protected materials.

When do you need this document?

You need a Claimed Copyright Infringement Notice when you find your copyrighted work being used without authorization on websites, social media platforms, or other digital services. This includes situations where someone has copied your photographs, written content, music, videos, or other creative works and published them online without your consent. The notice is particularly essential when dealing with platforms that host user-generated content, as it triggers the DMCA's safe harbor provisions and formal takedown process. You'll also need this document if you're an authorized representative acting on behalf of a copyright owner, such as a lawyer, agent, or licensing company managing intellectual property rights.

Key legal considerations

Your notice must include several critical elements to be legally valid under the DMCA. You must provide complete contact information, clearly identify the copyrighted work being infringed, and specify the exact location of the infringing material with sufficient detail for removal. The document requires a good faith statement that the use is not authorized and a statement under penalty of perjury that the information is accurate and you have authority to act. False claims can result in liability for damages, including attorney fees and costs. Additionally, consider whether the alleged use might qualify as fair use, as improper DMCA notices against legitimate fair use can expose you to counter-notification procedures and potential legal consequences.

Legal requirements in United States

Under Section 512(c)(3) of the DMCA, your notice must be in writing and contain your physical or electronic signature. You must identify yourself and provide contact information including address, telephone number, and email. The notice requires clear identification of the copyrighted work, specific identification of the infringing material and its location, and statements made under penalty of perjury regarding accuracy and authorization. Service providers are required to expeditiously remove or disable access to the material upon receiving a compliant notice. The Copyright Act of 1976 provides the underlying framework for what constitutes copyrightable material and infringement. State laws may provide additional remedies, but federal DMCA procedures typically preempt state-law approaches for online infringement matters.