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Legal Removed by viralremix

Here's a quick tutorial for anyone who might find their artworks on a website without their authorized permission. This is the method that you legally go about having copyright infringement dealt with, so your request (if submitted to a host located in the US or other countries that respect copyright laws) will not go ignored. You do not need a lawyer to file a DMCA takedown notice, you only need to be the copyright holder of the work. If you created the work, it's copyrighted to you.

:bulletred: You will usually not get much of a response if you try to submit an informal copyright notice through Support requests on a website. This method is what's outlined in Section 512(c) of the Digital Millenium Copyright Act, and what service providers will respond to.


STEP 1: See if the website has a copyright section in the Terms of Service, and look for takedown notice procedures.

Generally, you can find the Terms of Service link at the bottom of the website. Most websites will have a copyright/DMCA procedure section, where you can alert them if an infringement is going on. For example, look at the bottom of deviantArt's website, and you'll see a Copyright link. It's a bit long, but eventually you find their DMCA copyright takedown notice form: help.deviantart.com/dmca

If they do not have a specific form, they probably have an e-mail address for copyright notices to be filed to. It is usually copyright@theirsite.com or legal@theirsite.com

:bulletred: Only the copyright holder or their agent can file a DMCA takedown notice. You cannot make this notice if you do not own the copyright. If you find someone else's artwork stolen, give the artist this link so they can make the notice themselves.


STEP 2: Takedown Notice Requirements

Legally, a takedown notice requires some specific information:

        :bulletblack: A physical or electronic signature of the artist or their agent
        :bulletblack: A link to your original work, stating it was infringed
        :bulletblack: A link to the infringing work
        :bulletblack: Any information you may have to allow the service provider to contact the infringing party (account username, etc)
        :bulletblack: A statement that you have "a good faith belief" that you/the copyright owner have not authorized the use of the material
        :bulletblack: A statement that the information you have provided "is accurate" and "under penalty of perjury" you are authorized to "act on behalf of the copyright owner"

:bulletred: "Quoted" sections mean you specifically have to use that language.


STEP 3: Takedown Notice Sample Letter

You are welcome to use this sample letter and fill in your information. This has been specifically tailored for artists.

My name is (insert your name) and one of your accounts is infringing on a copyright that I hold. The artwork (insert name of artwork), of which I hold exclusive copyrights to, was uploaded to your servers without permission.

The location of the original artwork is here: (insert url to your original work)

The location of the infringing material is here: (insert url to the infringing work)

I have a good faith belief that I, the copyright holder, have not authorized the use of this material. The information in this notice is accurate, and under penalty of perjury, I am authorized to act on behalf of the copyright holder.

Signed,
/Your name/

:bulletred: Putting the / / around your name is required, because it indicates a digital signature.


STEP 4: Taking the matter further... and to the webhost.

In the event that the website does not remove or respond to your infringement notice, you can escalate the matter and take it to their web host. To find out the webhost of a domain, you can go to the WHOIS website: www.networksolutions.com/whois…

Type the domain into the url, and it will give you a page of information about that domain. There, you should be able to find the web host (usually under "Administrative Contact", though you can also look at the nameservers (ns1.webhost.com, ns0.webhost.com, etc)) to identify the host. When you identify the host, go to their website and repeat Steps 1 - 3.

:bulletred: Common hosts are hostgator.com, godaddy.com, dreamhost.com

If you didn't get a reply from the original site, you will nearly always get a reply from the web host. Their legal immunity for the copyright infringement disappears if they do not respond to your takedown notice.


STEP 5: What happens after I submit a takedown notice?

You'll get a reply when the service provider has removed the infringing content. They will have also notified the infringer that a takedown notice was submitted to them regarding the content. 

Usually, at this point, nothing happens. However, the infringer can submit a legal counter notice stating that their use of the copyrighted work is authorized under the law, and that they accept legal proceeding from you. You will then have to file a lawsuit against the infringer and submit that information to the service provider to ensure the material stays off. You usually won't get that happening, but it is a possibility.




I hope this information has been useful for you. Please note that I am not a lawyer and I accept no liability for your use of this tutorial. This is an artist giving advice to other artists only.

Ever need help? Feel free to contact me.
A quick guide to handling copyright infringement. I've had to submit a good number of DMCA takedown notices. It's not a good thing to have to do, but it's a useful bit of knowledge to have if you ever encounter this situation.

Stock credit: [link]

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:iconravenlacrimosa:
RavenLacrimosa Featured By Owner May 9, 2015  Hobbyist General Artist
wow this helps out a lot thank you ^^
Reply
:iconmarmot-of-doom:
Marmot-of-Doom Featured By Owner May 3, 2014  Hobbyist Traditional Artist
Wow, thanks a lot! I hope I'll never have to use this :O
Reply
:iconjadeyfish:
Jadeyfish Featured By Owner Mar 23, 2014  Hobbyist General Artist
Definitely saving this for future!
Reply
:iconpecan-crisp:
Pecan-Crisp Featured By Owner Mar 21, 2014
What if the web host does not respond, or they refuse to take action?
Reply
:iconviralremix:
viralremix Featured By Owner Mar 21, 2014
Which country is the web host in?
Reply
:iconsparkysama:
SparkySama Featured By Owner Nov 15, 2013  Hobbyist General Artist
I wish a I wouldve found this a last year when my art was stolen! DX
My art isnt even good, it was SUCH a bad picture, but some kid stole it anyway!
Reply
:icondijah:
Dijah Featured By Owner Apr 27, 2013  Student General Artist
just in case...thnx!
Reply
:iconcbgink:
CBGINK Featured By Owner Apr 23, 2013  Professional Digital Artist
Thankx for the helpful tips a lot of artist needs to know this!!!
Reply
:iconmuhammadriza:
MuhammadRiza Featured By Owner Apr 23, 2013  Hobbyist Digital Artist
god damn agree instead bitching on journal , or facebook status why not reporting it !..
i will share this article to my friend. thank you very much for the tutorial
Reply
:iconshekinashalom:
ShekinaShalom Featured By Owner Apr 21, 2013  Hobbyist Traditional Artist
This is very useful! Thank you
Reply
:iconnothing111111:
nothing111111 Featured By Owner Apr 19, 2013  Hobbyist General Artist
memorized! But i'm hopefull to not have to use this anytime in the future.
Reply
:iconnarcaholic:
Narcaholic Featured By Owner Apr 19, 2013  Student
Very helpful, thank you (:
Reply
:iconevelivesey:
EveLivesey Featured By Owner Apr 19, 2013  Professional Photographer
Great stuff!
Reply
:iconnolamom3507:
Nolamom3507 Featured By Owner Apr 19, 2013
good information to know - thank you
Reply
:icondarquewanderer:
darquewanderer Featured By Owner Apr 19, 2013
My stuff is too mainstream and boring to be stolen, unless their really desperate.
But I faved the tutorial anyway. Who knows, I might actually produce something worth stealing one day.
Reply
:iconbeastcrafter:
BeastCrafter Featured By Owner Apr 18, 2013  Hobbyist General Artist
Very useful and informative. I appreciate the time you took to put this together.
Reply
:iconasparticus:
Asparticus Featured By Owner Apr 18, 2013  Professional Filmographer
really informative. i hope it helps popular artists such as myself remove stolen art
Reply
:iconbritlawrence:
BritLawrence Featured By Owner Apr 18, 2013  Hobbyist General Artist
pff, you're humble. :roll:
Reply
:iconasparticus:
Asparticus Featured By Owner Apr 18, 2013  Professional Filmographer
lol , bragging rights , ya? :p
Reply
:iconkompatibility-king:
kompatibility-king Featured By Owner Apr 18, 2013  Student General Artist
People can use my art on websites. As long as they say I made it :P
Reply
:iconlablayers:
LabLayers Featured By Owner Apr 18, 2013  Student Interface Designer
Yes, thank you! :squee:
Reply
:iconmiswels:
miswels Featured By Owner Apr 18, 2013  Student Writer
Added to my favorites, just in case. ;)
Reply
:iconiceflame1019:
IceFlame1019 Featured By Owner Apr 18, 2013  Hobbyist General Artist
The only stolen artwork of mine, that I'm aware of, is one of my photos of an eastern fence lizard. The host site has a disclaimer stating that artists who wish to have their stuff removed should contact the site, however there is no contact information anywhere.

It's not really even a good picture anyway, out of focus slightly. But still, I was annoyed that they didn't provide the contact information they speak of in the disclaimer. I forget the site too, I found it a while ago. Some sort of free-upload desktops site.
Reply
:iconidellechi:
Idellechi Featured By Owner Apr 18, 2013  Student General Artist
Great article!
Reply
:iconambunny:
Ambunny Featured By Owner Apr 18, 2013   Artist
Extremely helpful and useful! Thank you so much for this. :+fav:
Reply
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