What is the DMCA?
The DMCA is short for the Digital Millennium Copyright Act of 1998. This legislation was enacted by the U.S. Congress in order to meet the unique challenges to traditional copyright law that were posed by digital media. e-DMCA’s policies with regard to notification of digital copyright violators and sanctions on abuse are based on the provisions of the DMCA.
How can I tell if something is copyrighted?
If you acquire something, such as a music CD or a DVD, from a legal source such as a shop, it will have copyright notices either printed on the item or shown as a visual image. Most things created by professionals are copyrighted, such as music, video, games, art, software, unless the creator specifically makes it available in the public domain.
Can I legally download and share material that is in the public domain?
Yes. If the copyright has expired on a work and it is truly in the public domain, or a creator specifically instructs that their work is in the public domain, you can copy and distribute it freely. Be careful, though, just because something has gone out of print – it’s no longer being sold retail, or being reproduced for purchase – doesn’t mean that it’s public domain material.
Is downloading copyrighted content really stealing?
If it’s done without the permission of the people who own the copyright – yes, it is stealing. According to the law – as well as to the performers, writers, software engineers, and other people who make their living from royalties – downloading a song or a movie or a piece of software in violation of its copyright is no different from walking into a retailer and shoplifting.
My First Amendment right to free expression allows me to upload and download whatever I want.
No, it doesn’t. The courts have consistently shown that they regard copyright infringement as theft, not as a free expression.
Is it illegal for me to share copyrighted stuff even if I don’t charge for it?
Even if you’re not making any money from doing it, it is still illegal for you to distribute material without permission from the copyright holder. Whether you are profiting or not, you are still taking money out of the pockets of musicians, actors, writers, etc. by giving away their work.
What is a DMCA take down notice?
A DMCA take down notice is sent by a copyright holder to a copyright offender who is using the infringing content. The Digital Millennium Copyright Act (DMCA) states that an ISP or webhost must remove content from a user’s web site that appear to constitute copyright infringement after the host receives proper notice or the host loses safe harbor and can be sued. Your copyrighted material does not need to be registered with any copyright offices.
We use take down notices to enforce the law regarding the DMCA, and we get content taken down from the web for good.
What content can be removed by a DMCA take down notice?
A wide range of things, ranging from books, magazines, films, videos, music, photos, images, games, software, to building plans and designs, inventions, web sites and web servers, private images, the list is endless.
Do I have to be an American, or reside in the US, to use and implement the DMCA?
No. Anyone from anywhere in the world can use our services to get content removed from the internet.
What happens when I place an order with e-DMCA?
We take some basic details from you on our order system, which enables us to start tracing the whereabouts of the person infringing your copyrighted material. One of our legal case handlers will be in touch shortly after, to confirm the details you have provided and to get further information from you. We then put together all the legal paperwork which enables us to submit take down notices to the copyright offender. We usually get content removed within 24 hours of your order, but sometimes our investigation may take longer so we ask our clients to give us 14 days to remove content. In very complex copyright cases, we may need up to 30 days to get content removed. However long your case takes, the price you pay remains the same – $69 per take down notice. You will be provided with your case handler’s contact information, so you can contact them direct to raise any questions or to check on progress.
How do I make payment to e-DMCA?
We use PayPal as our payment processor. You can either login to your existing PayPal account to pay by debit/credit card or direct deposit from your bank. Or checkout as a Guest in which case you can only pay by debit/credit card.
How do I claim a refund under the money back guarantee?
If we have not been able to achieve reasonable success with your case, you will be able to claim a refund under our 100% money back guarantee. This must be claimed within 30 days of your order, and should be requested by contacting your case handler. The refund will be processed by our payment processor, PayPal, and will be refunded back to the original credit/debit card associated with your order.
Can I get in trouble for making a false claim of copyright infringement?
Yes. The DMCA imposes liability on anyone who knowingly makes false claims of infringement. Legal fees and liability for damages suffered by other parties as a result of reliance on the false claim can be severe.
Have a question not answered here? Need more help?
We pride ourselves on our good customer service. Our support agents are happy to assist you with your copyright issues.
Please see our contact page here to get in touch with our team.