Why you need a copyright registration to do a DMCA takedown
In order to follow through with the takedown notice, you need to register your copyright.I’ve written before about what a DMCA takedown letter is and why you might not want to send them, as well as what to do if you receive one. However, there is one wrinkle that copyright holders may not be aware of. In order to follow through with the takedown notice, you need to register your copyright.
Don’t I just need to send a letter?
Yes and no. To get the initial takedown, all that’s required is a letter that adheres to the requirements ( see my example). However, if the target of the letter files their counter-notice, you have ten days to file a lawsuit in federal court. Once the lawsuit is filed, the content will be kept off of the Internet pending the results of the trial. Otherwise, the infringing content will be put back up.
So why do I need to register? Can’t I just file the lawsuit?
Without registration, one cannot file a lawsuit against a copyright infringer.Copyright registration has numerous benefits, such as:
- Constructive notice of your ownership
- Legal proof of copyright ownership
- Presumed validity
- Statutory damages of up to $150,000 per infringement
The most important benefit of copyright registration is the ability to sue an infringer in federal court. Without registration, one cannot file a lawsuit against a copyright infringer. For an overview of what registration costs, see our post on how much it costs to copyright a game.
See the connection?
A copyright registration doesn’t happen overnight. In fact, it can take months. So if you rush to register when you see others stealing your content, it may be too late to get it taken down for good.
How do I register a copyright?
A copyright registration doesn’t happen overnight. In fact, it can take months.Luckily, I will be starting a three-part series on copyright registration next week. It will go over what can and cannot be registered, what specimen to provide and a screenshot walkthrough of the entire process. Be sure to sign up to get email updates above and below this post so you don’t miss it!
If you’re building a game and want IP protection in place from day one, our checklist for starting a game company includes copyright registration as one of the key launch steps. Until then, why not contact a copyright lawyer for help in registering or evaluating your copyright situation?
Source: Lexology, “ DMCA Takedown? Not without a copyright registration,” Joshua J. Kaufman, March 25, 2014.