European DMCA Takedown process

The European Union and each European country have a different "DMCA Takedown" process than the USA. ISP's, websites and service providers can follow their local laws within their country or jurisdiction when processing takedowns. The EU follows a Notice and Takedown process.

To get started go to: DMCA Takedown Signup and complete the form.

What is the takedown Process in the European Union?

At DMCA.com we are familiar with the process of DMCA Takedowns, Cease and Desist notices and Notice and Take down procedures within the EU. We are familiar with the takedown procedures within every country throughout Europe.

As such, we are qualified to go to work on your behalf. DMCA.com has conducted takedowns on websites and hosting companies around the world. Our staff and process are refined to process takedowns throughout Europe. Each region or country will have a different copyright takedown process and DMCA.com is familiar with most of them.

In fact, most often we will be familiar with the website and the hosting company. This is important to you because prior to starting your case we can advise you as to whether there are any special considerations involved in conducting the takedown for your particular case.

To get started simply go to: DMCA Takedown Signup and complete the form. You can also submit a question regarding your European takedown here: DMCA Question Form.

 

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Although our name, DMCA.com, is based on a US Copyright Act, we are truly an international company conducting business for our clients across the globe.

 

What do I need to file a Notice and Takedown in the European Union?

To file notices, these three things are needed to get started:

1. Infringing URL

Infringing URL

Where on the internet (or platform like Facebook or TikTok) is your stolen content located? What is the link that you want the content removed from? Be sure to provide the URL or website/webpage link of the content you want removed. If the stolen content is an image or video located on a website provide the direct link of the content contained in the site. Copy and paste the infringing text, or provide the URL of the infringing image if required.

An example link would look like: https://www.badguy_site.com/webpage/image_2

Source URL

2. Source URL

Where was your content located when it was stolen? Was it on you social media profile like Facebook or Reddit? Was it from your own website? Provide the exact URL where it was stolen from, even if the content has already been removed from it's original location. The original URL is still valuable to the notice. If it was not online you can reference cell phone, computer, or camera etc. If it was online such as a website or cloud storage provide the link to the exact page it was stolen from. You can upload the original content to a cloud storage service and provide that URL with an expalanation of where it was originally stolen from.

An example link would look like: https://share.icloud.com/photos/my_original_content

3. Description of Ownership

Description of Ownership

What is the content owner's name and how was the content stolen? How is this content yours? How do you own it? Did you create it, buy it, copyright it? Who is claiming ownership of the content? Who is authorized to file the DMCA Takedown? When did you create the content and when was the content stolen?

An example description would sound like: "My photo I took of myself on my camera was stolen from my Google Drive and was posted on this website without my knowledge and I would like it removed."

If you are unsure how to collect the information for these three categories the Professional Takedown Team at DMCA.com can help with the answers. Click here to ask us about your situation.

 

Who can file a Notice and Takedown in the EU?

  1. copyright owners
  2. social media users and participants
  3. NFT owners
  4. content creators/owners
  5. code writers and publishers
  6. content publishers or distributors (with permission of the content or copyright owners)
  7. subject contained within the content and published without permission (special considerations may be required)

Unsure if you fall into these categories? By all means ask! Click here to ask us about your situation.

 

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DMCA Takedown Testimonial

I recently developed and released my first video game, and before long, pirates were trying to hand out free copies, risking the success of my new business venture. DMCA, upon my request, promptly dealt with all infringing parties and restored my freedom from piracy. -Game Developer

 

What is the Notice and Takedown in the European Union?

When content is removed from a website at the request of the owner of the content.

Note: although the Notice and Takedown is part of Copyright law, a Notice and Takedown does not require the content to be copyrighted in order for the request to have the content taken down acted upon by the website owner or ISP.

In other words, the fact the content is yours, or in the case of a photo or video the subject is you, can be sufficient enough to request a takedown.

Click here to process a takedown now: Website Takedown Form

 

Is DMCA used in the EU?

While the DMCA is part of USA Copyright Law. The DMCA Takedown process described within the law is widely used throughout the world. Most countries accept the standard DMCA Takedown Notice form and process. Although the DMCA Takedown is part of US Copyright law, a DMCA Takedown Notice is often used and accepted throughout the world and not exclusive to the United States. However, many countries have their own copyright laws specifically related to the removal of content from internet service providers and site owners within their borders. Which service providers do and do not accept the standard DMCA takedown notice form and process is dynamic and constantly changing. DMCA.com professionals are aware of these constant changes and are able to convert the information submitted through the standard DMCA Takedown signup form to suit specific countries and/or service providers within the legal process they require.

 

When is a EU Notice and Takedown used?

  1. When copyright infringing content is removed or "taken down" from a website by the website owner upon receipt of a Takedown Notice from, or on behalf of, the content owner, distributor, publisher etc.
  2. When copyright infringing content is removed or "taken down" from a website, by the website owner, upon receipt of a Takedown Notice from their ISP / Hosting company. This notice is generated by, or on behalf of, the illegally published content owner, distributor, publisher etc.
  3. When copyright infringing content is removed or "taken down" from a website by the ISP or Hosting company of the website that is publishing the infringing content. This occurs because the website owner has not voluntarily complied with a Takedown Notice and the ISP or Hosting company must comply with the Takedown notice.
  4. When an infringing website is taken down or "offline" by its ISP or Hosting company. This occurs because the website owner does not voluntarily comply with a Takedown notice as described above.

 

Many European countries are covered under the Electronic Commerce Directive

See wikis here:

  1. Electronic Commerce Directive which is part of
  2. Electronic Commerce Regulations 2002.

Under the European Electronic Commerce Directive is Article 14 which specifically deals with Notice and Take down procedures. See European Union Notice and Take down.

 


Related DMCA Takedown FAQ's

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  2. What is DMCA Protection
  3. What is DMCA Takedowns
  4. What is DMCA.com
  5. What is DMCA Protected Certificate
  6. What is DMCA Website Certificate
  7. What is DMCA Website Status Page and Protection Certificate

 

Start Your Takedown: DMCA takedown notice form
Modified: 08/19/2022
Category: Frequently Asked Question
By: Mr. DMCA Helper
FAQ ID:5ba67611-43d6-44d1-9cdf-1dc6b03a60b0
AMP Version of this content is available.AMP URL: https://www.dmca.com/faq/European-DMCA-Takedown-process.amp