I was recently asked for advice on how to respond to a DMCA takedown notice from Twitter. I wrote an email to this person, and thought the advice was useful enough for other people to put up here on the blog.
I AM NOT A LAWYER. I DO NOT PLAY ONE ON TV.
All of this is advice that I would follow, based on years of reading and blogging on the subject at my other blog. In fact, it is advice that I have had to follow, as explained later in this article.
Sidebar: What is a DMCA Takedown Notice?
Here is what happens. Let’s say the BCCI owns copyright to video of the England Vs. India Test series. Someone posts a link to a pirated stream on Twitter.
The BCCI has employed a company based in Bangalore to monitor Twitter (and other sources, I suppose) for links that infringe copyright. When this company finds infringing links, it sends a DMCA takedown notice to Twitter to have that Tweet removed.
The United States passed a law in 1998 called the Digital Millennium Copyright Act (DMCA). This law contains what is called the “safe-harbor” provision, which protects a service provider (in this case, Twitter) from monetary damages from infringing activity of its users, as long as the provider (Twitter) meets certain conditions.
One of the conditions is that if Twitter receives a DMCA takedown notice for infringing material, they must remove it. As long as they promptly remove it (and comply with other conditions), they can’t be sued for copyright infringement.
Now that you “understand” the DMCA
So you received a DMCA notice from Twitter with the subject: “We’ve received a DMCA notice regarding your account”? Tough.
Perhaps this is what happened:
- The tweet has a link to a pirated stream.
- Someone at BCCI searches for these links and sends a DMCA takedown notice to Twitter
- By US law, if Twitter receives a DMCA takedown notice, they must remove the content.
- So Twitter removed just that offending tweet and notified the users.
If it’s a standard DMCA notice, you don’t have to respond. I suppose if a Twitter user is in violation repeatedly, their account could be suspended. But if this is just a one-off thing, and you know that the link was pirated, there’s nothing more to be done.
Now, if one strongly believed that the tweet was not infringing copyright, there are ways to fight it. But it’s hard to win, because people like us can’t afford legal fees and the law (DMCA) heavily favors the large companies that own copyrights.
I have tried to fight it for my short documentaries on YouTube, which use short clips from Hindi films, but have had no luck getting them reinstated. My videos are definitely fair use, and protected under US law, but the DMCA is a terrible law that has no legal recourse for the little guy. (Sidebar: when should you fight a DMCA notice? When your content is Fair Use.)
But my real advice is: don’t provide direct links to pirated content in public forums.
DMCA is bad law. It’s been bad for 14 years. But your public link to pirated content? Let’s not pretend that was a great idea either.
Cricket rights around the world are a complicated matter. Being smart about what you post on the Internet is not complicated at all.