In the digital age, intellectual property is as valuable as tangible assets. The Digital Millennium Copyright Act (DMCA), a cornerstone of digital rights management, plays a pivotal role in protecting creators’ works online.

This article delves into successful DMCA takedown actions.

A DMCA takedown is a legal tool that allows creators to request the removal of their copyrighted content being used without permission on the internet. The DMCA outlines specific requirements for a takedown notice, including a clear identification of the copyrighted work, the alleged infringing material, and contact information of the complaining party. This process begins with filing a notice to the service provider hosting the infringing content.

Content creators hire companies like DMCAWizard to send out legal notices demanding a platform take down content being used in whole or in part without the consent of the original copyright holder. DMCA companies scour the internet daily, in search of their clients content being illegally used.

We are hunters of thieves.

Universal Music Group v. Veoh Networks Inc. (2008): A case where Universal Music Group (UMG) sued Veoh, an online video hosting service, claiming infringement. The court ruled in favor of Veoh, stating that the service provider was protected under the DMCA’s safe harbor provisions.

Viacom International Inc. v. YouTube, Inc. (2007): Viacom sued YouTube, claiming that YouTube had engaged in copyright infringement by allowing users to upload Viacom’s copyrighted content without permission. The court initially ruled in favor of YouTube, citing DMCA safe harbor protections, although the case went through several appeals.

Lenz v. Universal Music Corp. (2007): This case, also known as the “Dancing Baby” case, involved a mother who uploaded a video of her child dancing to a Prince song. Universal Music issued a DMCA takedown, which was countered by Lenz. The court ruled that copyright holders must consider fair use before issuing takedown notices.

RIAA v. Verizon Internet Services (2003): This case tested the limits of the DMCA in relation to Internet Service Providers (ISPs). The Recording Industry Association of America (RIAA) sought to compel Verizon to reveal the identity of an alleged infringer. The court initially ruled in favor of the RIAA, but on appeal, the decision was reversed, protecting the privacy of the ISP’s customers.

Perfect 10, Inc. v. Amazon.com, Inc. (2007): In this case, Perfect 10 sued Amazon and Google over thumbnail images in search results that they claimed infringed their copyrights. The court ruled that the use of thumbnails was fair use and that the companies were protected by DMCA safe harbors.

MGM Studios Inc. v. Grokster, Ltd. (2005): Although primarily about file sharing and not a DMCA takedown case per se, this decision was significant for its impact on the responsibilities of service providers regarding copyright infringement.

UMG Recordings, Inc. v. Shelter Capital Partners LLC (2011): This case involved UMG suing file-hosting service Veoh again. The Ninth Circuit Court of Appeals affirmed that Veoh was protected by the DMCA’s safe harbor provisions.

Oracle America, Inc. v. Google LLC (2010): While not strictly a DMCA case, this landmark legal battle over the use of Java APIs in Google’s Android operating system has significant implications for software development and the application of copyright law.

Authors Guild v. Google (2005): This case involved the Authors Guild filing a class-action lawsuit against Google over its book digitization project. Google was scanning books and displaying snippets online without explicit permission from copyright holders. The case, which lasted over a decade, was ultimately settled with Google agreeing to modify its practices, showcasing the power of copyright enforcement.

HarperCollins Publishers L.L.C. v. Gawker Media LLC (2010): In this case, HarperCollins filed a DMCA takedown against Gawker for publishing excerpts from Sarah Palin’s then-unpublished book. Gawker complied with the takedown request, highlighting the effectiveness of DMCA notices in protecting unpublished works.

Righthaven LLC v. Democratic Underground, LLC (2010): Righthaven, representing several authors and publishers, filed numerous lawsuits for copyright infringement against various websites and blogs. While some of Righthaven’s tactics were controversial and led to legal challenges, several cases resulted in successful takedowns or settlements for alleged copyright infringement.

Wiley & Sons v. Doe (2011): Publisher John Wiley & Sons used DMCA notices to combat piracy of their ‘For Dummies’ book series. They filed a lawsuit against 27 John Does for allegedly sharing copies of their books on BitTorrent. This case underscored the use of DMCA notices as a precursor to legal action against anonymous infringers.

Cambridge University Press v. Becker (2008): This was a lawsuit filed by several academic publishers against Georgia State University for distributing digitized copies of books to students without permission. The case, which focused on the educational fair use defense, ultimately led to a nuanced ruling, but it started with successful DMCA notices highlighting the infringement.

Capitol Records, LLC v. Vimeo, LLC (2013): This case involved Capitol Records filing against Vimeo for copyright infringement. The court initially ruled in favor of Vimeo under DMCA safe harbor protections, but upon appeal in 2016, the decision was partially reversed, emphasizing the limits of DMCA protections for service providers hosting user-uploaded content.

Elsevier Inc. v. Sci-Hub (2015): Elsevier, a large academic publisher, successfully filed a lawsuit against Sci-Hub, a website providing free access to paywalled academic papers. The court ruled in favor of Elsevier, ordering Sci-Hub to cease distributing Elsevier’s copyrighted content and awarding substantial damages.

BMG Rights Management (US) LLC v. Cox Communications Inc. (2016): BMG filed a lawsuit against Cox Communications, alleging that Cox failed to act on DMCA takedown notices regarding its subscribers sharing pirated music. The court ruled in favor of BMG, highlighting the responsibilities of ISPs under the DMCA.

The Authors Guild, Inc. v. HathiTrust (2012): The Authors Guild filed a lawsuit against HathiTrust, a digital repository of scanned books by various universities. The court ruled that HathiTrust’s use of the works fell under fair use, but the case is significant for its interpretation of fair use in the context of digital repositories, following DMCA takedown notices.

Oracle America, Inc. v. Rimini Street, Inc. (2018): In this case, Oracle issued DMCA takedown notices against Rimini Street for providing third-party support for Oracle products without permission. The court ruled in favor of Oracle, leading to a permanent injunction against Rimini Street and a significant damages award.

Fox News Network, LLC v. TVEyes Inc. (2018): Fox News filed against TVEyes, a service providing clips and analysis of TV broadcasts. The court ruled that TVEyes’ use of Fox News content was not fair use, resulting in an injunction against TVEyes for distributing Fox News content.

Matthew Storman v. Nintendo of America Inc. (2020): Nintendo filed a lawsuit against the owner of the ROM website RomUniverse, seeking damages for copyright infringement of its video games. The court ruled in favor of Nintendo, awarding significant damages and highlighting the DMCA’s application in protecting digital content.

Twitch Interactive, Inc. v. John and Jane Does (2021): Twitch filed a lawsuit against anonymous users for conducting ‘hate raids’ using copyrighted music and content to disrupt streams. This case emphasized the role of DMCA in addressing not just traditional copyright infringement but also harassment using protected content.

GitHub Inc. v. RIAA (2020): The Recording Industry Association of America (RIAA) issued a DMCA takedown notice to GitHub over the repository for the YouTube-DL project, a tool used to download videos from YouTube. The case sparked significant debate about the scope of DMCA, especially in relation to software and code. GitHub reinstated the project, emphasizing the need for a balanced approach in DMCA applications.

Ubisoft Entertainment v. Qookka Games (2022): Ubisoft sued Qookka Games for copyright infringement related to a mobile game that allegedly copied significant elements from Ubisoft’s game, “Rainbow Six Siege”. The case included DMCA takedowns of promotional materials and demonstrated the DMCA’s role in protecting game developers’ rights.

Epic Games v. Apple Inc. (2021): Although primarily an antitrust case, part of the dispute involved Apple removing Epic Games’ “Fortnite” from the App Store after Epic introduced a direct payment system in violation of App Store guidelines. This led to a broader discussion about digital rights, including aspects related to DMCA, especially in app and software distribution.

Penguin Random House v. Internet Archive (2020): Major publishers sued the Internet Archive for its “Open Library” program, which lent digitized books without authorization. The case raised significant questions about digital lending, fair use, and the applicability of DMCA in the context of digital libraries.

1. Understand Your Rights: Familiarity with copyright laws and the scope of your rights is essential for every creator.
2. Proactive Monitoring: Regularly monitor the web for potential infringements or hire a company like DMCAWizard to do it for you.
3. Timely Action: Quick action can prevent significant loss of revenue and reputation.
4. Documentation and Evidence: Maintain comprehensive records of your work and its usage.
5. Navigating False Claims: Be aware of the nuances of fair use and avoid unwarranted takedown claims, which can lead to legal backlash. Don’t be afraid of sending a DMCA notice to someone using your content under the guise of fair use. In the end it is your content.

Understanding DMCA takedowns is crucial for creators in the digital world. The act, while powerful, requires a balanced approach, respecting both the rights of the creators and the principles of fair use.

The lessons drawn from successful takedowns serve as a guide for creators to effectively protect their work while adhering to legal and ethical standards.

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