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Removing a document with a DMCA take-down notice which is incomplete?

New York, NY |

We received a DMCA take down act notice for our site where we host user posted content. The party issuing the take-down notice cannot provide us with a copy of the original to indicate that the document should be taken down. Should we comply?

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Attorney answers 2


It's almost always prudent to do so. Do you really want a fight over the item?


I am not licensed in NY, so this answer should not be interpreted as legal advice, which can be given only after an attorney can gather all the facts and perform any needed research. Also, by answering this question we are not forming an attorney-client relationship.

In order to avoid being liable for possible copyright infringement, you should take the content down. That will allow you to be protected by the DMCA. Let the alleged infringer send you a counter-take-down notice.

It would probably be wise to consult with a copyright attorney in your area. A little money spent now to get good advice can be less expensive than defending a lawsuit.