DMCA Takedown Procedure (LEG-PROC-001)
1. Purpose
The purpose of this procedure is to describe the systematic process for handling Digital Millennium Copyright Act (DMCA) takedown notices and counter-notifications to ensure compliance with copyright law while protecting user rights and maintaining platform functionality.
2. Scope
This procedure applies to all DMCA takedown notices received regarding content on the video streaming platform including user-generated videos, audio content, thumbnails, and descriptions. It covers notices from rights holders, their authorized representatives, and automated copyright protection systems.
3. Overview
This procedure ensures prompt and legally compliant response to copyright infringement claims through systematic notice processing, content evaluation, appropriate enforcement actions, and user communication while maintaining detailed records for legal compliance and transparency reporting.
4. Procedure
| Step | Who | What |
|---|---|---|
| 1 | Rights Holder | Submit DMCA takedown notice through designated submission system or email including all required statutory elements and good faith statements. |
| 2 | DMCA System | Automatically acknowledge notice receipt within 24 hours, assign case number, and perform initial completeness check for required elements. |
| 3 | Legal Analyst | Review notice for legal sufficiency including proper identification of copyrighted work, infringing content, and contact information completeness. |
| 4 | Content Review | Locate and evaluate identified content for potential copyright infringement, assess fair use considerations, and verify content accessibility. |
| 5 | Legal Assessment | Determine appropriate response including takedown approval, rejection for insufficient notice, or request for additional information from rights holder. |
| 6 | Content Management | Execute approved takedown by removing or disabling access to infringing content and implementing user account strike if appropriate. |
| 7 | User Notification | Send DMCA takedown notification to content uploader including copy of notice, explanation of action taken, and counter-notification instructions. |
| 8 | Rights Holder Response | Confirm takedown completion to rights holder within statutory timeframe and provide case tracking information for future reference. |
| 9 | Documentation | Record all takedown details including notice content, review decisions, actions taken, and timeline in DMCA compliance database. |
| 10 | Counter-Notification Review | If user submits counter-notification, verify completeness and legal sufficiency including sworn statements and consent to jurisdiction. |
| 11 | Rights Holder Notice | Forward valid counter-notification to original rights holder and provide 10-14 business day period for court action initiation. |
| 12 | Content Restoration | Restore content if no court action notification received within statutory period and notify user of restoration completion. |
| 13 | Repeat Infringer Assessment | Evaluate user’s copyright violation history and implement repeat infringer policy if multiple confirmed violations exist. |
| 14 | Quality Assurance | Conduct periodic review of DMCA process compliance, accuracy metrics, and identify opportunities for process improvement and legal compliance enhancement. |
5. Standards Compliance
| Procedure Step(s) | Standard/Framework | Control Reference |
|---|---|---|
| 1-3 | DMCA | 17 U.S.C. § 512(c)(3) |
| 1-3 | PCI DSS v4.0 | Req. 12.1 |
| 6-7 | DMCA | 17 U.S.C. § 512(c)(1)(C) |
| 6-7 | PCI DSS v4.0 | Req. 12.10.1 |
| 10-12 | DMCA | 17 U.S.C. § 512(g) |
| 10-12 | PCI DSS v4.0 | Req. 7.1.1 |
| 13 | DMCA | 17 U.S.C. § 512(i) |
| 13 | PCI DSS v4.0 | Req. 8.1.3 |
6. Artifact(s)
A comprehensive DMCA case record containing original takedown notice, legal sufficiency review, content evaluation, enforcement actions, user communications, counter-notification processing, and final resolution stored in the copyright compliance system with appropriate retention periods and access controls.
7. Definitions
DMCA Takedown Notice: Formal copyright infringement claim submitted under Digital Millennium Copyright Act requirements.
Statutory Elements: Required components of DMCA notice including copyright owner identification, infringed work description, and good faith statement.
Counter-Notification: Legal response by content uploader disputing copyright infringement claim and requesting content restoration.
Repeat Infringer: User subject to multiple confirmed copyright infringement claims requiring account termination under DMCA requirements.
Safe Harbor Protection: Legal immunity provided to online service providers that comply with DMCA notice and takedown procedures.
Good Faith Statement: Required sworn statement that rights holder believes use is not authorized by copyright owner, agent, or law.
Consent to Jurisdiction: Legal agreement by counter-notification submitter to accept court jurisdiction for copyright dispute resolution.
8. Responsibilities
| Role | Responsibility |
|---|---|
| Legal Analysts | Review DMCA notices for legal sufficiency, assess copyright claims, make takedown decisions, and ensure statutory compliance throughout the process. |
| Content Review Team | Evaluate identified content for infringement, assess fair use claims, locate infringing material, and coordinate with technical teams for content removal. |
| Technical Operations | Execute content takedowns, manage automated DMCA systems, ensure secure notice processing, and maintain technical infrastructure for compliance. |
| User Communications | Send required notifications to users and rights holders, provide clear explanations of actions taken, and offer guidance on appeal procedures. |
| Quality Assurance | Monitor DMCA process compliance, conduct accuracy reviews, identify training needs, and ensure continuous improvement of procedures and legal compliance. |
| Legal Counsel | Provide legal guidance on complex cases, handle copyright litigation support, and ensure overall DMCA compliance strategy and policy development. |