how NOT to send a DMCA takedown notice

this week i had the most annoying interaction with a company that sent us a DMCA takedown notice. this company had no idea how to handle the situation and is apparently completely unfamiliar with the idea of letting fans of their product be fans.

quick facts – a soompi member posted a message about a particular product they liked and hotlinked an image from the company’s website into their post. we subsequently received a notice to remove the image. however, the notice did not give us a specific url that contained the content on question. rather, the link provided in the takedown notice took us to an area on the site that contained over 4000 posts. when we replied saying we hare happy to comply, but inquired for further information so we could locate the content, we were told that it wasn’t their problem and that we should take down all 4000 posts if we could not find it or suffer the wrath of their lawyers. (i know, how cliché)

here are three simple tips to future DMCA takedown notice senders – just so we can all get along here.

1.  when fans of your product or your customers are writing positive things about your product – LET THEM! encourage your customers to tell their friends about your product.  they are your best marketing asset and they are a heap load more believable than your own marketing team.

2. if you are sending a takedown notice, provide a specific link that takes us to the content in question. do not send us on a wild hunt when you obviously know the appropriate url. the DMCA states that you should provide “information reasonably sufficient to permit the service provider to locate the material.” so just send me a link that takes me directly to the content in question, not just a link that takes me to my website or some general portion on my website.

3. most websites are happy to comply with DMCA takedown notices, so be polite. do not start of the dialouge being rude and condescending. don’t try to bully. its just not necessary.  and related to this tip is my next point – don’t tell us all about what your big bad lawyers are telling you to do to us in an attempt to scare us. there is plenty of readily available information on the DMCA – we all know how this process works, so no need for huffing and puffing in an attempt to intimidate websites.

thanks. just wanted to get that off my chest.

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