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California DMCA Takedown Demand Letters

17 U.S.C. 512 - Federal DMCA Safe Harbor & Notice-and-Takedown Procedures

What You'll Find Here: This page covers everything California copyright owners need to know about DMCA takedown notices under 17 U.S.C. 512. I cover the six required elements under 512(c)(3), safe harbor provisions for platforms, counter-notice procedures and the 10-14 day put-back timeline, platform-specific processes for YouTube, Instagram, and other major services, repeat infringer policies, California venue considerations for federal litigation, and the serious perjury penalties for false claims. Whether you need to remove infringing content or respond to a counter-notice, I provide the legal guidance you need.
DMCA Takedown Notice Requirements - 17 U.S.C. 512(c)(3)
Federal Law Governs: The Digital Millennium Copyright Act is federal law, meaning the same requirements apply whether you're in California, New York, or anywhere in the United States. However, California's position as home to major tech platforms (Google, YouTube, Meta, etc.) makes understanding DMCA procedures particularly important for California-based copyright owners.
The Six Mandatory Elements

Under 17 U.S.C. 512(c)(3)(A), a valid DMCA takedown notice must include all six of the following elements. Missing any element may render your notice defective:

# Required Element Statutory Language Practical Guidance
1 Signature "A physical or electronic signature of a person authorized to act on behalf of the owner" Type your name with /s/ prefix, use DocuSign, or handwritten signature on scanned document
2 Identification of Work "Identification of the copyrighted work claimed to have been infringed" Title, registration number (if registered), URL of original publication, description
3 Identification of Infringing Material "Identification of the material that is claimed to be infringing... with information reasonably sufficient to permit the service provider to locate the material" Exact URLs - not just homepage. For videos, include timestamps. For images, describe location on page.
4 Contact Information "Information reasonably sufficient to permit the service provider to contact the complaining party" Your name, mailing address, telephone number, and email address
5 Good Faith Statement "A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law" Must consider fair use before making this statement (see Lenz v. Universal)
6 Accuracy/Perjury Statement "A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner" This is a sworn statement - false claims carry criminal perjury exposure
Perjury Warning - 18 U.S.C. 1621: The DMCA requires you to make statements "under penalty of perjury." Federal perjury carries penalties of up to 5 years imprisonment. Additionally, 17 U.S.C. 512(f) creates civil liability for knowingly making material misrepresentations in DMCA notices. I have seen copyright owners face significant damages awards for filing false or reckless takedown notices.
The Lenz v. Universal Fair Use Requirement

In Lenz v. Universal Music Corp., 815 F.3d 1145 (9th Cir. 2016), the Ninth Circuit (which covers California) held that copyright owners must consider fair use before sending DMCA takedown notices. Key holdings:

  • Fair use is "authorized by law": The good-faith statement requires you to believe the use is not authorized, including not authorized by fair use
  • Subjective belief standard: You must form a subjective good-faith belief that the use is not fair use
  • Willful blindness not permitted: You cannot avoid considering fair use by simply not thinking about it
  • Practical effect: Before sending a DMCA notice, evaluate the four fair use factors (purpose, nature, amount, market effect)
California-Specific: Because Lenz is binding Ninth Circuit precedent, California-based copyright owners face heightened scrutiny on fair use consideration. I always advise clients to document their fair use analysis before sending takedown notices targeting commentary, reviews, or transformative uses.
What Happens If Your Notice Is Defective?

Under 512(c)(3)(B), if your notice substantially fails to comply with the requirements:

  • The notice does not constitute "notification" for purposes of eliminating the platform's safe harbor
  • The platform has no obligation to act on the defective notice
  • However, if the platform has contact information for you, it should attempt to contact you or provide a return link to proper procedures
  • A defective notice may still trigger "red flag" knowledge if it makes infringement apparent
DMCA Safe Harbor Provisions - 17 U.S.C. 512
Why Safe Harbor Matters: The DMCA safe harbor is the reason platforms host user-generated content at all. Without it, platforms would face crippling liability for every infringing upload. Understanding safe harbor helps you leverage the system effectively - platforms have strong incentives to respond to valid notices to maintain their protection.
The Four Safe Harbors
Section Activity Type Examples Takedown Applies?
512(a) Transitory digital network communications ISPs, internet backbone providers No - mere conduit
512(b) System caching CDNs, proxy servers Limited
512(c) Information residing on systems at user direction YouTube, Instagram, Facebook, web hosts, cloud storage Yes - primary DMCA target
512(d) Information location tools Search engines (Google, Bing), link directories Yes - for search delisting
512(c) Safe Harbor Requirements for Platforms

To qualify for safe harbor, a platform hosting user-generated content must:

  • Designate a DMCA agent: Register with U.S. Copyright Office and publish agent contact info on their website
  • No actual knowledge: Not have actual knowledge that material is infringing
  • No red flag knowledge: Not be aware of facts or circumstances from which infringing activity is apparent
  • Expeditious removal: Upon receiving valid notice OR obtaining knowledge, act expeditiously to remove or disable access
  • No financial benefit + control: Not receive financial benefit directly attributable to infringing activity when having right and ability to control it
  • Repeat infringer policy: Adopt, reasonably implement, and inform users of policy for terminating repeat infringers in appropriate circumstances
  • Accommodate technical measures: Not interfere with standard technical measures used to identify/protect copyrighted works
Repeat Infringer Policies

Under 512(i), platforms must terminate accounts of "repeat infringers in appropriate circumstances." This is a powerful tool:

Platform Strike Policy Consequences
YouTube 3 strikes in 90 days Channel termination, content removed, cannot create new channels
Instagram Multiple violations Account disabled, content removed
Facebook Repeat violations Page/account disabled, content removed
TikTok Multiple violations Account banned, content removed
Twitter/X Repeat violations Account suspension, content removed
Strategic Use of Repeat Infringer Policies: If the same user repeatedly infringes your content, document every DMCA notice with dates and reference numbers. After multiple valid complaints, demand that the platform terminate the user's account pursuant to their repeat infringer policy. Platforms that fail to terminate known repeat infringers risk losing safe harbor entirely.
When Platforms Lose Safe Harbor

Safe harbor is not automatic - platforms can lose protection:

  • Failure to register DMCA agent: No agent = no safe harbor
  • Ignoring valid notices: Failure to expeditiously remove upon proper notice
  • Red flag knowledge: Obvious infringement that platform ignores (e.g., "Full Movie - Pirated" in title)
  • Inducement: Actively encouraging infringement (see Grokster)
  • No repeat infringer policy: Failing to implement or enforce policy
  • Financial benefit + control: Profiting directly from specific infringement while having ability to stop it
Counter-Notice Procedures & 10-14 Day Timeline
The "Put-Back" Provision: The DMCA includes a counter-notice procedure that allows users to contest takedowns they believe were improper. Understanding this process is critical because it determines whether you need to file a federal lawsuit to keep content down.
Counter-Notice Timeline - 17 U.S.C. 512(g)
Day Event Your Action
Day 0 Platform removes content pursuant to your DMCA notice Document removal confirmation
Day 1-7 User may file counter-notification with platform Wait for notification from platform
Upon Counter-Notice Platform forwards counter-notice to you "promptly" Evaluate counter-notice claims, consult attorney
10-14 Business Days Decision window: File lawsuit OR content is restored Either file federal lawsuit and notify platform, or accept restoration
After 10-14 Days If no lawsuit notification, platform MUST restore content Content goes back up unless you filed suit
Counter-Notice Requirements - 512(g)(3)

A valid counter-notification must include:

  • Subscriber's signature (physical or electronic)
  • Identification of removed material and the location where it appeared before removal
  • Statement under penalty of perjury that the subscriber has a good faith belief the material was removed due to mistake or misidentification
  • Subscriber's name, address, telephone number
  • Consent to federal court jurisdiction in the district where the subscriber is located (or any judicial district if outside the U.S.)
  • Statement that subscriber will accept service of process from the person who sent the takedown notice
10-14 Business Days Is Strict: The statute requires you to file suit and notify the platform within "not less than 10, nor more than 14, business days." This is not flexible. If you miss the window, the platform must restore the content regardless of the merits of your claim. I recommend filing by day 10 to ensure adequate time for court filing and notification.
Responding to Counter-Notices - Your Options
Option When to Use Considerations
File Federal Lawsuit Strong infringement case, significant damages, infringer has assets Requires registration (or refusal) for U.S. works; litigation costs; need to prove infringement at trial
Let Content Restore Weak case, clear fair use defense, not worth litigation costs Content goes back up; you can still pursue damages separately if warranted
Negotiate Settlement Both parties want to avoid litigation Contact infringer directly; offer licensing deal in exchange for withdrawal of counter-notice
California Venue for DMCA Litigation

If you need to file suit after receiving a counter-notice, venue options include:

  • Northern District of California (San Jose/San Francisco): Home to Google, YouTube, Meta (Facebook/Instagram), Apple. Common venue for tech-related copyright disputes.
  • Central District of California (Los Angeles): Entertainment industry hub. Strong copyright expertise.
  • Southern District of California (San Diego): Available if infringer is located there.
  • Defendant's home district: Where the alleged infringer resides or has principal place of business.
  • Where infringement occurred: Typically where servers are located or content was uploaded/accessed.
Strategic Venue Selection: California federal courts have extensive experience with DMCA and copyright cases. The Northern District (Silicon Valley) is particularly familiar with platform-related disputes. As a California-based attorney, I can file in any California federal district and am admitted to practice in both the Northern and Central Districts.
Filing a Federal Copyright Lawsuit

To keep content down after a counter-notice, you must:

  1. Register your copyright (or receive refusal from Copyright Office) - required for U.S. works
  2. Draft and file complaint in appropriate federal district court
  3. Pay filing fee ($405 as of 2024)
  4. Seek preliminary injunction if you need immediate relief
  5. Notify the service provider in writing that you've filed suit
  6. Serve the defendant with the complaint
Platform-Specific DMCA Processes
Each Platform Is Different: While DMCA requirements are uniform under federal law, each platform has its own submission process, forms, and response times. I've compiled the key information for major platforms below.
YouTube (Google)
Aspect Details
Submission Method Online form at youtube.com/copyright_complaint_form (preferred) or email to copyright@youtube.com
Response Time Typically 24-48 hours for valid notices
Strike System 3 strikes in 90 days = channel termination
Content ID Separate system for automated content matching (requires qualification)
Special Considerations Can target entire videos or specific timestamps; removal affects monetization
Instagram / Facebook (Meta)
Aspect Details
Submission Method facebook.com/help/intellectual_property or in-app reporting
Response Time Usually 1-3 business days
Strike System Repeat violations lead to account/page disabling
Special Considerations Same form covers both Instagram and Facebook; Stories/Reels included
TikTok
Aspect Details
Submission Method tiktok.com/legal/report/Copyright or in-app reporting
Response Time Typically 1-3 business days
Strike System Multiple violations = account ban
Special Considerations Music licensing is separate (covered under platform licenses); focus on visual/video content
Twitter/X
Aspect Details
Submission Method help.twitter.com/forms/dmca or email to copyright@twitter.com
Response Time Usually 1-5 business days
Strike System Repeat violations = account suspension
Special Considerations Covers tweets, images, videos; recent policy changes may affect processing
Google Search (Web Results)
Aspect Details
Submission Method google.com/webmasters/tools/dmca-notice
Response Time Usually 1-7 days for removal from search results
Effect Removes URLs from Google search results; does NOT remove content from original website
Special Considerations Combine with notice to web host for complete removal; Google publishes notices on Lumen Database
Web Hosting Providers
  • Find the host: Use WHOIS lookup (whois.domaintools.com) to identify hosting provider
  • Find DMCA agent: Check Copyright Office directory (copyright.gov/dmca-directory) or hosting provider's website
  • Common hosts: GoDaddy, Cloudflare, AWS, DigitalOcean, Bluehost, HostGator
  • Cloudflare note: Cloudflare is a CDN, not a host. They will forward notices but may require you to contact actual host directly
Amazon
Aspect Details
Product Listings amazon.com/report/infringement (Brand Registry preferred)
AWS Hosting Email abuse@amazonaws.com with DMCA notice
Kindle/Books amazon.com/gp/help/contact-us (Kindle category)
Twitch twitch.tv/p/legal/dmca-guidelines (online form)
Platform-Specific Forms Are Preferred: While you can send traditional DMCA notices via email, most platforms strongly prefer their online forms. Using the correct form speeds up processing and ensures you provide all required information. I typically use platform forms for straightforward takedowns and formal written notices for complex cases or when building a paper trail for litigation.
Sample DMCA Notices
Sample 1: Standard DMCA Takedown Notice
[Your Name] [Your Address] [City, State ZIP] [Email] [Phone] [Date] DMCA Agent [Platform Name] [Agent Address or Email] Re: DMCA Takedown Notice - Copyright Infringement under 17 U.S.C. 512(c) Dear DMCA Agent: I am writing to report copyright infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c). 1. IDENTIFICATION OF COPYRIGHTED WORK I am the copyright owner of the following work: - Title: [Title of your work] - Type: [Photograph / Video / Article / Software / etc.] - Copyright Registration: [Registration No., if applicable, or "Unregistered - common law copyright"] - Original Publication: [URL where your original work appears, or "First published on [date]"] 2. IDENTIFICATION OF INFRINGING MATERIAL The following material infringes my copyright and must be removed: URL 1: [Exact URL of infringing content] Description: [Where on page / what type of use] URL 2: [Additional URLs if applicable] 3. CONTACT INFORMATION Name: [Your full legal name] Address: [Your mailing address] Email: [Your email address] Telephone: [Your phone number] 4. GOOD FAITH STATEMENT I have a good faith belief that the use of the copyrighted material described above is not authorized by the copyright owner, its agent, or the law (including fair use). 5. ACCURACY AND AUTHORIZATION STATEMENT I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. SIGNATURE /s/ [Your Name] [Your typed name] [Date]
Sample 2: DMCA Notice with Demand for User Information (512(h) Subpoena Request)
[Attorney Name], Esq. [Law Firm / Address] [Email / Phone] California State Bar No. [Number] [Date] DMCA Agent [Platform Name] [Address] Re: DMCA Takedown Notice and Preservation Request Dear DMCA Agent: I represent [Client Name], the copyright owner of [description of work]. Pursuant to 17 U.S.C. 512(c), I hereby provide notice of copyright infringement occurring on your platform. DMCA TAKEDOWN NOTICE Copyrighted Work: - Title: [Title] - Registration No.: [Number] - Original URL: [URL] Infringing Material: - URL: [Infringing URL] - User/Account: [Username if visible] I have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in this notification is accurate and that I am authorized to act on behalf of the copyright owner. PRESERVATION REQUEST My client is considering legal action against the infringing user. Pursuant to your obligations under federal law and your own policies, please preserve all records relating to the account that uploaded this material, including but not limited to: - Account registration information (name, email, address, phone) - IP addresses used to access the account - Upload history and timestamps - Payment information (if applicable) - Any communications related to this content We anticipate issuing a 17 U.S.C. 512(h) subpoena to obtain identifying information for the user. Please confirm receipt of this notice and your preservation of the above records. /s/ [Attorney Name] [Contact information]
Sample 3: Response to Counter-Notice (Notice of Lawsuit)
[Attorney Name], Esq. [Law Firm / Address] [Email / Phone] [Date] DMCA Agent [Platform Name] [Address] Re: Notice of Federal Lawsuit Filed - Do Not Restore Content Original DMCA Notice: [Date] Counter-Notice Received: [Date] Dear DMCA Agent: This letter serves as formal notification that my client, [Copyright Owner], has filed a federal lawsuit against [User/Defendant Name] for copyright infringement in the United States District Court for the [Northern/Central/etc.] District of California. Case Details: - Case Name: [Copyright Owner] v. [Defendant] - Case Number: [Case number assigned by court] - Court: U.S. District Court, [District] of California - Date Filed: [Date] Pursuant to 17 U.S.C. 512(g)(2)(C), because my client has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity, you are not required to restore the removed material. Please confirm receipt of this notice and confirm that the content at [URLs] will remain disabled pending resolution of this lawsuit. A copy of the filed complaint is attached for your records. /s/ [Attorney Name] [Contact information] Enclosure: Filed Complaint with Case Number
Template Customization: These samples are starting points. Every DMCA situation has unique facts. I customize notices based on the specific platform, type of infringement, and client's enforcement goals. For complex cases involving counter-notices, repeat infringers, or potential litigation, professional drafting ensures compliance with all statutory requirements.
Attorney Services for DMCA Takedowns
California DMCA Takedown Attorney

I help California copyright owners protect their creative work through DMCA enforcement. From drafting takedown notices to handling counter-notice litigation in federal court, I provide the legal expertise needed to stop infringement and preserve your rights.

Flat Fee DMCA Services
$450
Flat Fee for DMCA Demand Letters

Includes attorney-drafted DMCA takedown notice, platform submission, and follow-up if no response within 72 hours.

Hourly Services
$240/hr
Hourly Rate for Complex Matters

Counter-notice responses, federal litigation, 512(h) subpoenas, repeat infringer enforcement, and settlement negotiations.

Services I Provide

For Copyright Owners

  • + Draft and file DMCA takedown notices across all major platforms
  • + Handle counter-notice responses and federal litigation
  • + Pursue repeat infringer account terminations
  • + File 512(h) subpoenas to identify anonymous infringers
  • + Coordinate parallel direct demands to infringers for damages

For Content Creators Facing Takedowns

  • + Evaluate fair use and other defenses
  • + Draft DMCA counter-notifications
  • + Defend against federal copyright lawsuits
  • + Pursue 512(f) claims against false takedown filers
  • + Negotiate with copyright owners to resolve disputes
Why Work With an Attorney?
Avoiding 512(f) Liability: DMCA notices require statements under penalty of perjury. Filing a false or reckless notice exposes you to civil damages under 512(f) and potential criminal perjury charges. I ensure your notices are properly drafted, supported by a documented fair use analysis, and targeted at actual infringement. For recipients of invalid takedowns, I pursue 512(f) claims to recover damages and attorney's fees.
  • Perjury statement expertise: I ensure you understand exactly what you're swearing to before you sign
  • Fair use analysis: Documented analysis protects you from Lenz liability
  • Platform relationships: Experience with all major platform processes and escalation paths
  • Litigation readiness: If a counter-notice is filed, I can file federal suit within the 10-14 day window
  • California venue expertise: Admitted to practice in both Northern and Central District of California
Schedule a Consultation

Book a call to discuss your DMCA matter. I'll review the infringement or takedown notice, assess your legal position, and recommend the most effective enforcement or defense strategy.

Contact Information

Email: owner@terms.law

Schedule: calendly.com/sergei-tokmakov/30-minute-zoom-meeting

Frequently Asked Questions
Under 17 U.S.C. 512(c)(3), a valid DMCA notice must include: (1) physical or electronic signature of the copyright owner or authorized agent, (2) identification of the copyrighted work(s) claimed to be infringed, (3) identification of the infringing material with sufficient information to locate it (exact URLs), (4) contact information for the complaining party (name, address, phone, email), (5) a good faith statement that use is not authorized by the copyright owner, its agent, or the law, and (6) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner. Missing any element may render your notice defective.
After a counter-notice is filed, the platform forwards it to you. You then have 10-14 business days to file a federal lawsuit and notify the platform. If you don't file suit within that window, the platform must restore the content. This is the "put-back" provision of 512(g). Your options are: (1) file federal suit to keep content down, (2) let content restore if your case is weak, or (3) try to negotiate a settlement with the infringer before the deadline. I can help evaluate your options and file suit quickly if needed.
Filing a false DMCA notice carries serious consequences. Under 17 U.S.C. 512(f), anyone who knowingly materially misrepresents that material is infringing is liable for damages, including costs and attorney's fees incurred by the alleged infringer, the service provider, or any injured copyright owner. Additionally, because DMCA notices include statements "under penalty of perjury," false statements may expose you to federal perjury charges under 18 U.S.C. 1621, which carries penalties of up to 5 years imprisonment. The Ninth Circuit's Lenz decision also requires that you consider fair use before sending notices.
The DMCA requires platforms to act "expeditiously" to remove infringing material upon receiving a valid notice. Courts typically interpret this as 24-72 hours. In practice, major platforms like YouTube, Facebook, and Instagram usually process valid DMCA notices within 1-3 business days. If a platform consistently delays or ignores valid notices, they risk losing their safe harbor protection. If you're not getting timely responses, I can help escalate through legal channels.
No, you do not need to register your copyright to file a DMCA takedown notice. Copyright exists automatically upon creation of an original work. However, if a counter-notice is filed and you need to file a federal lawsuit to keep content down, registration (or refusal from the Copyright Office) is required for U.S. works before filing suit. I recommend filing for registration as soon as you discover infringement so you're ready if litigation becomes necessary.
Under 17 U.S.C. 512(i), platforms must adopt and reasonably implement a policy for terminating accounts of "repeat infringers in appropriate circumstances" to maintain safe harbor. Most platforms use a "three strikes" system (like YouTube's copyright strikes). If the same user repeatedly infringes your content, document every DMCA notice with dates and confirmation numbers. After multiple valid complaints, demand that the platform terminate the user's account pursuant to their repeat infringer policy. This is a powerful tool against persistent infringers.