What could be a DMCA complaint?
By alleanora Follow | Public

The Digital Age Copyright Act (DMCA) is a U.S. copyright law. It exempts Internet service providers on whose sites the materials are posted from liability for copyright infringement if they immediately remove inappropriate materials after receiving notice of the alleged infringement from the copyright holder or an agent authorized by him.

Recently, more and more domestic companies, taking an example from Western colleagues, are starting to complain to the Google search engine about the misuse of their own copyrighted content. Objective reasons for this situation:

-Lack of clear and regulated legislation regarding the use of "alien" materials for personal purposes.

-The mentality of people living in the post-Soviet space, preferring to "steal" than create or buy.

-Economic disadvantage to create, if you can take or copy for free.

-Frequent import of gray goods bypassing official importers and entrepreneurial activity bypassing licenses.

If the rightful owner of some digital content (photo, video, audio) catches you from the illegal placement of his materials on your site, then he has every right to inform Google about this. In this case, the search system, without long understanding, will delete the entire site or some of its pages from the search results. Until you take some steps to restore them.

How to challenge a DMCA

Any complaint in DMCA Protection is not a sentence. The search engine gives you the opportunity to challenge a dmca complaint by sending a counter complaint. In it you can indicate the reasons why you are using digital content lawfully and the complaint is unfounded. Of course, such a "ride" only if you really decided to "annoy". There are many examples of unfair competition. At the same time, there may be several reasons for the legitimate use of content:

-it is used in good faith for educational or non-commercial purposes;

-the complainant has no legal right to file it;

-You are the owner of the content

-You have received permission from the owner to use;

-The complaint is erroneous and you do not use authoring content.

The peculiarity of the restrictions imposed by dmca is that even after deleting the content, pages are not restored in the search results.

There is one quite legal and yet working way to circumvent restrictions if they are imposed not on the entire domain, but on individual pages of the site. This is a change of url pages to new. If at the same time you need to save the position, then install a 301 redirect between them. Positions and reference weight will be transferred through 301 redirects, but dmca restrictions - no. In any case, it is better to refrain from posting explicitly copyrighted content on the site so that there are no unpleasant situations.

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