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'Take It Down!':
a guide to assessing & responding to DMCA § 512 Takedown Notices

"Takedown" notices are sent by individuals or organizations, or their attorneys, to Internet service providers (ISPs), asking the ISP to remove material or a link to material that the letter claims is an infringement of copyright. Takedown notices are specifically authorized by Section 512 of the Digital Millennium Copyright Act (the "DMCA").

Fortunately, though, people targeted by takedown notices have some options. First and foremost, they can file a counternotice, asserting that the material does not infringe copyright. While ISPs don't have to respond to such counternotices, most webhosts will put content back online in response to a counternotice. And in some situations, a notice recipient might want to file a court action for damages or other relief.

Below, we outline steps for assessing and responding to takedown notices or other communications that an ISP may send to an online user. 1. Critical evaluation of the notice.
2. Understanding the § 512 process and related legal claims.
3. Understanding the potential consequences.
4. Assessing options and taking action. * Sample counternotices
http://fairusenetwork.org/refe rence/td.php
http://youtomb.mit.edu/about


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