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To Whom It May Concern,

I, [Your Full Real Name Here], certify under penalty of perjury, that I am the owner of certain intellectual property rights.

The items or materials listed below are not authorized for use at the domain of ([infringing website domain here]) and therefore infringes my rights as copyright owner. I hereby demand that you act expeditiously to remove or disable access to the material or items claimed to be infringing.

Infringing material that I demand be disabled or removed in consideration of the above:

[ List all of the URL locations of your stolen content (this can be either a direct link to the image/sound or a link to the page where it is displayed)]

Location of ORIGINAL WORKS:

[The URL from your website or location where your artwork is listed legally]

This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act ("DMCA"), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.

Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.

I am providing this notice in good faith and with the reasonable belief that the rights I own are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.

Should you wish to discuss this with me please contact me directly.

Thank you.

[Your Full Real Name Here]

Address
City, State Zip
Phone
E-mail

It has come to my attention that more and more digital media is being stolen from their copyright owners.

I am submitting the form letter I use to get my artwork removed from the sites that have stolen my artwork. It is a generic form letter that has been compiled from various DMCA (Digital Millennium Copyright Act) Form Letter templates -- all locations express free use of the letter's content.

If your artwork has been stolen, the first thing you need to do is locate the administrator of that website -- usually in the "Contact Us" section. If you are unable to find the contact, then you need to find the owner of the domain name. To find this information, you can go to the website: http://www.whois.net and type in their domain name. As long as the information is not selected as private, you should be able to view the necessary contact information.

From there, you can either contact the website administrator or the ISP (Internet Service Provider) aka the Server Hosts. If you have to send the above Official DMCA Notice, most server hosts will politely comply. However, some websites are located in a foreign country or what is considered an "Offshore Server"; where the latter is not bound by copyright law. And if that's the case, then you are pretty much out of options.

There is an international copyright law agreement called The Berne Convention and the above form can be modified to accommodate the Berne Convention's law details. Again, MOST server hosts are happy to help you out. Though a fair amount of ISP people will try to pass your problem off on someone else.


Now, if you contact the company and they refuse to do anything -- essentially ignore the DMCA, then there are other steps you can take from there; including contacting the domain host (usually not the same as the server host). I know GoDaddy is good about terminating or suspending service for their clients when you can provide proof that they are ignoring copyright laws. Also, Google will blacklist a domain from their servers if you can provide evidence to them that the website is infringing copyright law.

And last but not least, you can always contact a lawyer and from there, they will take over your case and prosecute the necessary company/individuals.


This is basic information that just about anyone can use. More advanced techniques may be required to track down the necessary contacts, but that get's more into a specialist's field.

I do a fair amount of work with a technician at Skyway Networks who is a pro at tracking down the legitimate IP address for a particular website. If you are a serious artist with a serious art theft problem and willing to pay a small fee, I am certain he would be willing to track down any difficult cases for you. But please don't contact him expecting him to do it for free.


The above letter has been very successful for me and I highly recommend it to others.
Add a Comment:
 
:icongohan6425:
Gohan6425 Featured By Owner Mar 14, 2017
mongrelmarie gohan6425.deviantart.com/journ… Deal with a troll who flase coryright over 10 of my work what do I do?
Reply
:iconmongrelmarie:
mongrelmarie Featured By Owner Mar 14, 2017  Professional Digital Artist
You can't post copyrighted artwork on DeviantArt.  The only art you can post is artwork you drew yourself.  You are getting copyright claims because you did not draw the artwork you are submitting, nor do you own it.
Reply
:icongohan6425:
Gohan6425 Featured By Owner Edited Mar 14, 2017
He does not own any of the over 10 copyright that I submit. Nor is it copyright work. Most of then are photoshop work that I made though photoshop.
Reply
:iconmongrelmarie:
mongrelmarie Featured By Owner Mar 15, 2017  Professional Digital Artist
It doesn't matter if he/she owns the artwork or not, the fact of the matter is that YOU do not own the artwork.  And yes, it is copyrighted work, regardless of whether or not you made some modifications to it in Photoshop.

fav.me/db0zox3 <-- That is copyrighted artwork.  You did not draw the characters in that submission, you just pasted them together with Photoshop.  That is not allowed on DeviantArt and that's why your other art pieces were removed.  And given that all of your submissions are copyrighted, you're on the fast-track to being banned from DA.
Reply
:icongohan6425:
Gohan6425 Featured By Owner Mar 15, 2017
How is that NOT alot next to everyone I know does it on DA!? And it still does not change the fact it is not his work either.
Reply
:iconmongrelmarie:
mongrelmarie Featured By Owner Mar 16, 2017  Professional Digital Artist
You're asking me for advice and I'm telling you the facts.  What you are submitting is against DA's rules.  Your work will continue to be removed if you continue to post it.
Reply
:iconglide08:
Glide08 Featured By Owner Edited Oct 27, 2015  Hobbyist General Artist
You gave me a dirty idea...

To Whom It May Concern,

We, the people of the United States, certify under penalty of perjury, that we are the owners of certain intellectual property rights.

The items or materials listed below are not authorized for use at the domain of the legal system of the State of Israel and therefore infringes our rights as copyright owners. We hereby demand that you act expeditiously to remove or disable access to the material or items claimed to be infringing.

Infringing material that we demand be disabled or removed in consideration of the above:

www.knesset.gov.il/laws/specia… - "BASIC LAW regarding THE GOVERNMENT" (in public domain since the March 18th, 1992, claim ended since May 29th, 1996)
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding THE KNESSET"
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding HUMAN DIGNITY and LIBERTY"
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding FREEDOM OF OCCUPATION"
www.knesset.gov.il/laws/specia…"BASIC LAW regarding FREEDOM OF OCCUPATION" (in public domain and claim ended since the March 9th, 1994)
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding THE STATE ECONOMY"
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding THE GOVERNMENT" (in public domain since March 7th 2001, claim ended since January 28th, 2003)
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding THE JUDICIARY"
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding THE STATE COMPTROLLER"
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding JERUSALEM, THE CAPITAL OF ISRAEL"
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding THE MILITARY"
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding THE PRESIDENT OF THE STATE"
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding ISRAEL LANDS"
www.knesset.gov.il/laws/specia… - "BASIC LAW regarding THE GOVERNMENT"

Location of ORIGINAL WORKS:

en.wikisource.org/wiki/Constit…;
"UNITED STATES CONSTITUTION"
en.wikisource.org/wiki/United_… "UNITED STATES BILL of RIGHTS"
en.wikisource.org/wiki/Additio… "AMENDMENTS to the CONSTITUTION"

This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act ("DMCA"), and we seek the removal of the aforementioned infringing material from your servers. We request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.

Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.

We are providing this notice in good faith and with the reasonable belief that the rights we own are being infringed. Under penalty of perjury we certify that the information contained in the notification is both true and accurate, and we have the authority to act on behalf of the owner of the copyright(s) involved.

Should you wish to discuss this with us please contact the US Embassy in Tel Aviv.

Thank you.

T
he people of the United States
Reply
:iconstarcaller-celeste:
Starcaller-Celeste Featured By Owner Mar 24, 2015
keeping this in mind for when/if it happens to me.
thank you~ <3
Reply
:iconnaumadd:
Naumadd Featured By Owner Jan 7, 2014
Many thanks for posting this. I regularly have to deal with theft of my images and have hated that the only thing I knew to do was to send messages to the offender and to support for that site that I objected to their use. Sometimes it works, sometimes it doesn't. It's nice to have something a bit more formal to send and to keep in my own records. Great stuff! - Richard, Naumaddic Arts, www.cafepress.com/naumaddicart…
Reply
:iconmongrelmarie:
mongrelmarie Featured By Owner Jan 9, 2014  Professional Digital Artist
Happy to help.  :aww:
Reply
:iconl33tn3rdz:
l33tn3rdz Featured By Owner Jul 6, 2013  Hobbyist Writer
You should also add the following:

I acknowledge that knowingly filing a malicious or false DMCA letter is a federal crime under US law punishable by a felony conviction with a prison sentence of up to 10 years. I also acknowledge that I may be liable for civil actions as well as criminal ones.
Reply
:iconl33tn3rdz:
l33tn3rdz Featured By Owner Jul 6, 2013  Hobbyist Writer
Whoops, make that 5 years in prison. Got confused there.
Reply
:iconrebelx:
rebelx Featured By Owner Feb 8, 2013
I just wanted to say thanks for this template. I had someone take my work here and used it on a social networking site, and this helped me take that person down.
Reply
:icondutchshun:
dutchshun Featured By Owner Oct 8, 2012
I bet the art thief never gets asked to proof that they own the artwork when a complaint has been made against them.
Reply
:iconrhpotter:
RHPotter Featured By Owner Sep 26, 2012  Professional Digital Artist
Thank you very much for this letter--I wasn't sure what format to use for my own notices, and this is a big help!
Reply
:iconmezkitsu:
MezKitsu Featured By Owner Feb 20, 2012  Student General Artist
You’re wrong when you say that foreign countries don’t have copyright law. Each country has their own copyright law; it doesn’t mean we have none. The DMCA is a very badly written law, and seems to be very corrupt for me. In my country, if someone has stolen your things, you need to obtain a crime report before having it removed. We are all innocent until proven guilty, so our hosts ignore DMCAs as it is not proof of an infringement, anyone can send them.
Reply
:icontiwicat:
TiwiCat Featured By Owner Sep 9, 2011  Hobbyist General Artist
Does this work with facebook, too? Because there are 2 people who are using one of my art (from my old account) as their profile picture and I wrote a message to them that they should delete them. But they didn't do that...

And facebook says "(Note that we routinely provide your contact information to the user that posted the content you are reporting)" --> does this mean, they show my adress/phone number/... to the thieves?? wtf? :stare:
Reply
:iconartiste-pars:
Artiste-Pars Featured By Owner Nov 5, 2011
I'm having the same problem
:stare:
Reply
:icontiwicat:
TiwiCat Featured By Owner Nov 6, 2011  Hobbyist General Artist
Meanwhile I filled in the DMCA form from facebook and sent it in and I put parts from this letter here into the right gaps. I couldn't wait any longer.

After 1~2 days, they deleted the pictures from their profiles.

But if anyone comes to my place, I'm going to kill those facebook-dorks. :angered:
Reply
:iconartiste-pars:
Artiste-Pars Featured By Owner Nov 6, 2011
I just dont trust facebook. Most people know that fb is a CIA info mine.

glad you got your stuff off tho.
Reply
:iconkurama-chan:
Kurama-chan Featured By Owner Jan 27, 2010  Professional Digital Artist
Could this be used against Photobucket, that now is selling any art that is being uploaded there as products?
Reply
:iconmongrelmarie:
mongrelmarie Featured By Owner Jan 27, 2010  Professional Digital Artist
It should. But usually you can just send a complaint to through their report form and they'll delete it without even looking at it.
Reply
:iconblue-bird-1494:
Blue-Bird-1494 Featured By Owner Jan 26, 2010
This is definitely full of win. :nod:

A very useful document, I may add. :D
Reply
:iconweelollycupcake:
weelollycupcake Featured By Owner Jan 26, 2010
Im using this to get thorugh to my theif :iconmaggierocks53:
Reply
:iconsnowgrl16:
Snowgrl16 Featured By Owner Feb 8, 2010
How come you were banded?:(
Reply
:iconmakayo:
Makayo Featured By Owner Jan 26, 2010  Hobbyist Writer
Sorry to tell you this hon, but it seems to me that the Digital Millennium Copyright Act is part of American Law. That being said, neither you, a citizen of the United Kingdom, or this person, a citizen of Australia, are within the jurisdiction of this law, seeing as neither of you are American citizens, and the DMCA is not international law.

Now, if the person you send this form letter to is based in the United States, that's all well and good. But in regards to your situation, DMCA doesn't really come into play, unless you intend on issuing the formletter to deviantART itself, which IS based in the US, which is really just getting ahead of yourself, since you just need to manually report the deviation as art theft. Sure, it takes time for the staff to get to your case, but you'll save yourself the hassle of essentially threatening litigation when there is no need.
Reply
:iconblue-bird-1494:
Blue-Bird-1494 Featured By Owner Jan 26, 2010
You go, lolly! :D

Report that betch! >:3
Reply
:iconweelollycupcake:
weelollycupcake Featured By Owner Jan 26, 2010
WOO!
You should see what I requested in the complaints forum... you should go there right now, it si FREEKIN hilarious!
Reply
:iconblue-bird-1494:
Blue-Bird-1494 Featured By Owner Jan 26, 2010
I am a semi-regular of Complaints, and I will check it out!

*a few minutes later...*

ah, it got locked! :doh:
Reply
:iconhphantasia:
HPhantasia Featured By Owner Jan 23, 2010  Student
Good to favorite, just in case... :D
Reply
:iconmongrelmarie:
mongrelmarie Featured By Owner Jan 24, 2010  Professional Digital Artist
:w00t:
Reply
:iconneogs99:
neogs99 Featured By Owner Jan 19, 2010  Hobbyist Filmographer
:iconmcgruffplz::iconsaysplz:Together, we can take a bite outta crime!
Reply
:iconweresquirrel94:
Weresquirrel94 Featured By Owner Jan 19, 2010  Hobbyist Digital Artist
Wow, thank you for sharing this, it may come handy in the future, if (or when) my work will be considered worthy of stealing :)
Reply
:iconshadows0le:
shadows0le Featured By Owner Jan 18, 2010
You Should Put This Up As News
Reply
:icontibun:
TiBun Featured By Owner Jan 18, 2010  Hobbyist General Artist
this may be handy.
Reply
:iconacwn-designs:
ACWN-Designs Featured By Owner Jan 18, 2010  Hobbyist Digital Artist
This is super handy, I'm passing this onto WildSpiritWolf... people steal her stuff all the time and most of the time its posted on places like Photobucket... when someone tries to report the theft FOR her (cause she really doesnt have the time to fight it all), they reply with a bunch of legal garble that no one but a lawyer can understand...
Reply
:iconacerotiburon:
AceroTiburon Featured By Owner Jan 18, 2010  Hobbyist General Artist
AWESOME-SAUSE!

funnyjunk.com is in for it now :evillaugh:

thankyou for posting this its a real help.

specially since i lack the time (and sometimes the professionalism after finding my work elsewhere) to compose anything

:hug:
Reply
:iconmongrelmarie:
mongrelmarie Featured By Owner Jan 18, 2010  Professional Digital Artist
My pleasure!

I've been meaning to post it for awhile, but hearing you were having problems too, I felt it was a good idea to add it now. :nod:

Funnyjunk.com won't know what hit them! :shakefist:
Reply
:iconacerotiburon:
AceroTiburon Featured By Owner Jan 18, 2010  Hobbyist General Artist
its not the first time its happend... and i normally just let it go...but apparently one of the images that were mine got popular for that day... so i was kinda pissed -__-;

and im sure its gonna help A LOT of artists around here ^^
Reply
:iconthatsplendidjerk:
ThatSplendidJerk Featured By Owner Jan 18, 2010
Antonia is having a problem in this sense... can you help her? ;)
Reply
:iconmongrelmarie:
mongrelmarie Featured By Owner Jan 18, 2010  Professional Digital Artist
I've already contacted her about it. :nod:
Reply
:iconthatsplendidjerk:
ThatSplendidJerk Featured By Owner Jan 20, 2010
:D so I thought!

:glomp:
Reply
:iconlauraneato:
lauraneato Featured By Owner Jan 18, 2010
The problem that I have is that google apparently owns blogger, and some individual on blogger stole my works and defamed me. I reported it to google twice, and they said they refused to interfere. So what happens when I want to report google? It's not like I can shut google down.
Reply
:iconmongrelmarie:
mongrelmarie Featured By Owner Jan 18, 2010  Professional Digital Artist
What was the basis for their refusal?
And usually, when you send them an official DMCA notice, they have to comply.

If they still tell you to f-off, then you'll have to get a lawyer or continue to contact them until a different representative get's your notice and does what they are suppose to. :hmm:
Reply
:iconlauraneato:
lauraneato Featured By Owner Jan 18, 2010
They said that people can blog all they want and post images in it even if the images are not their own. Basically, you can post anyones' work in your blog. The thing though is that it was a site defaming me. The entire thing was libel and slander against me, putting me down, and it took my artwork and posted it with all kinds of alterations to deface my drawings. They even took a photo of me and photoshopped it onto a porn star's body. I went to google, the hosts of the blogger accounts, and said that they are my images and tweaked without my consent and posted just to hurt me, and google said that it's not their business.
Reply
:iconmongrelmarie:
mongrelmarie Featured By Owner Jan 18, 2010  Professional Digital Artist
That sounds like a load of BS to me ...

I'm gonna talk to my IT guy and see what he says. I'll let you know if he has any supportive information. :petting:
Reply
:iconlauraneato:
lauraneato Featured By Owner Jan 18, 2010
haha, yikes, I replied to myself with the link. you may not see it in your inbox, sorry. lol
Reply
:iconlauraneato:
lauraneato Featured By Owner Jan 18, 2010
If you'd like to see the site I'm talking about, here's a link. Maybe your IT guy might give some good advice. Thanks a lot!

Would you do me a favor, though, and hide this comment after you read it? I don't really want anyone else linking there. Thanks.
Reply
:iconmongrelmarie:
mongrelmarie Featured By Owner Jan 19, 2010  Professional Digital Artist
If you haven't already ...

Try this: [link]
And this: [link]
Reply
:iconlauraneato:
lauraneato Featured By Owner Jan 19, 2010
Thanks for the help. I did fill out that form several months ago, twice. I got emails back saying:

Hello,

We have received your DMCA complaint dated 10-26-09. At this time, Google
has decided not to take action based on our policies concerning content
removal. As always, we encourage you to resolve any disputes directly with
the owner of the website in question.

If you pursue legal action against this site that results in the removal
of the offending material, our search results will display this change
after we next crawl the site. If the webmaster makes these changes and you
need us to expedite the removal of the cached copy, please submit your
request using our webpage removal request tool at
[link]

Sincerely,

The Blogger Team


So I'd basically have to sue the site in order to get the content removed. The legal fees involved, and all the trouble is not something I can handle, being a student. And, though my father is a lawyer, I really feel uncomfortable going to him about that site, especially with the photoshopped porn picture on it. So ... yeah... not much I can do otherwise. They really don't want to remove that stolen stuff : (
Reply
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