To have materials removed from a web site under the Digital Millennium Copyright Act (DMCA), the copyright owner or agent must write to the infringing site's DMCA agent and/or Internet Service Provider (ISP). The DMCA agents for the most popular sites are provided below; agents for other sites may be found at http://www.copyright.gov/onlinesp/list/a_agents.html:
- Course Hero: http://www.coursehero.com/copyright.php
- ScribD: http://support.scribd.com/forums/33563-faq-copyright-and-dmca
- Notehall: http://getsatisfaction.com/legal/
- Koofers: http://www.koofers.com/terms-of-use
- CampusBuddy: http://www.campusbuddy.com/homepage/copyright
Here's how to look up the correct address of an ISP if the site does not provide contact information for their DMCA agent:
- Start at www.who.is. Type in the infringing site's address, for example, coursehero.com.
- This search tells you which of several registrars has the information you need. Look for the Whois Server; for example, the registrar might be GoDaddy.com, and the Whois Server would be listed as whois.godaddy.com.
- Go to the Whois Server address, and type in the infringing site's address again. Complete contact information will be shown.
You then need to send a DMCA Takedown Notice to the DMCA agent or ISP. The notice must include the information specified in 17 U.S.C. 512(c). Two sample letters can be found below.
Sample Letter 1 for Use When a Specific URL is Available
To: [DMCA Agent]
My name is [INSERT NAME]. A website that your company owns (according to WHOIS information) is infringing at least one copyright owned by me. A paper I authored was copied onto your servers without my permission. My original article, to which I own the exclusive copyrights, is entitled [Name of Paper] and can be found at:
[PROVIDE URL]
The unauthorized and infringing copy can be found at:
[PROVIDE INFRINGING WEBSITE URLs]
This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act ("DMCA"). I request that you immediately remove the infringing material identified above from your servers. I request that you immediately notify the infringer of this notice and tell them to cease any further posting of infringing material to your server in the future.
Please be advised that the law requires you, as a service provider, to "expeditiously remove or disable access to" the infringing material upon receiving this notice. Noncompliance may result in a loss of immunity for liability under the DMCA.
I have a good faith belief that the use of the material on your web site is not authorized by the copyright owner, its agent, or the law. Furthermore, the information contained in the notification is accurate, and, under penalty of perjury, I certify both that the information contained in the notification is accurate and that I have the authority to act on behalf of the owner of the copyright.
Sincerely,
[YOUR NAME]
Address
City, State Zip
Phone
E-mail
Sample Letter 2 for Use When a Specific URL is Not Available (e.g. Course Hero)
To: [DMCA Agent]
My name is _______________ and I am a professor with the University of Texas at Austin. Your website, Course Hero, is infringing on a number of copyrights owned by me.
A number of tests, quizzes, and course handouts [CHANGE THIS LIST AS APPROPRIATE] were copied onto your servers without permission. The following is a representative list of the works that have been infringed:
LIST ALL TESTS/QUIZZES/HANDOUTS YOU WISH REMOVED—include any titles, dates, codes, or other descriptors that you can
Ex.
- Final Exam, Fall 2006, Chemistry XXX, Chemistry Department, University of Texas, Physics for Attorneys
Section 512(c) of the Digital Millennium Copyright Act ("DMCA") requires that I provide you, the service provider, with information reasonably sufficient to locate the material. The following list, numbered to correspond with the list above, provides information reasonably sufficient to permit you, the service provider, to locate the infringing material.
PROVIDE THE FILE NAME, COURSE, DEPARTMENT, SCHOOL AND SHORT DESCRIPTION, LOCATED ON THE WEBSITE, OF EACH WORK
Ex.
- File Name: ch301_06_exam1.1 1; Course: CH 301H; Department: CH; School: University of Texas; Description: 54590 1 CH301 Fall 2006 Professor Smith Exam I 1. Classify the following substances as heterogeneous mixtures, homogeneous mixtures, compounds or ...
This letter is official notification under Section 512(c) of the DMCA. I request that you immediately remove the infringing material identified above from your servers. I request that you immediately notify the infringer of this notice and tell them to cease any further posting of infringing material to your server in the future.
I have a good faith belief that the use of the material on your web site is not authorized by the copyright owner, its agent, or the law. Furthermore, the information contained in the notification is accurate, and, under penalty of perjury, I certify both that the information contained in the notification is accurate and that I have the authority to act on behalf of the owner of the copyright.
Sincerely,
/s/YOUR NAME
Address
City, State Zip
Phone
Wiki
Searching for Reposted Course Materials
Requesting Removal of Infringing Material
Copyright Registration and Litigation
Sample Use Statements for Syllabus
