If AWS receives a valid DMCA takedown notice, the platform will disable the content and may terminate your account. However, you have the option to dispute the request via a counter-notice. Also, if someone uses copyrighted material without consent, the copyright owner may send a DMCA takedown request directly to the infringing party.
Quick take: DMCA takedown notice on AWS
- AWS complies with the DMCA act.
- You may send a DMCA takedown notice to AWS or the infringing party.
- If you receive a DMCA takedown notice, you may send a counter notice.
- If the your DMCA takedown notice or counter notice contains false information, you may face perjury charges.
- Fair use and fair dealing exceptions allow creators to use copyrighted material without consent.
- Acknowledging the copyright owner may not protect you from civil action.
- If you comply with a DMCA takedown notice, you may avoid litigation.
- If you send a counter takedown notice, the content owner has 14 days to take civil action.
- AWS may limit access to your page or disable it if you receive multiple takedown notices.
- You may report piracy, fraud, and other cybercrimes to the FBI.
- The FBI may seize your website if you engage in fraudulent activities or if you use copyrighted material without consent.
- Altering CMI is punishable by up to five years in prison.
How do you get Around a DMCA Takedown Notice on AWS?
Under the Digital Millennium copyright Act, instead of litigation which is often time-consuming and expensive, copyright owners may send a takedown request to anyone who uses their intellectual property without permission. That means if you notice someone using your work without your authorization, you may send a notice directly to the person or the individual’s/organization’s internet service provider, such as Google.
But before you send a notice, AWS says that you should first consider fair use or fair dealing exceptions.
In the US and the UK, fair use is an exception that allows content creators to use copyrighted work without permission from the owner. However, you must “transition” the content into satire, legal commentary, educational material, or review. In other words, do not use copyrighted material in its original form.
How to File a DMCA Takedown Notice on AWS
The first step is to gather evidence of the infringing activity. That entails taking screenshots, saving URLs, and saving any content that may help you prove your claim. Why?
When you file a takedown notice, the infringing party’s service provider may takedown the content for up to 14 days or delete it.
The evidence you collect is useful if you decide to take legal action or if you choose to report the website to the FBI. Why report to the FBI?
The FBI has a program aimed at protecting intellectual property owners from theft, fraud, piracy, and other cybercrimes. When you report the crimes above. The FBI may seize or disable the website.
Note: according to AWS, the company’s abuse team does not open attachments. Meaning, you must send the takedown notice in plain text.
What is a Valid DMCA Takedown Notice on AWS?
Under the DMCA act, all DMCA takedown requests must contain the following elements:
- Your name and digital or physical signature (you may use your full name as your digital signature).
- You must describe the copyrighted work, infringing material, and the location of the infringing activity (URL).
- The notice must contain your contact information, including your email address, telephone number, and address.
- A statement under the penalty of perjury that you reasonably believe that the disputed use is not authorized by you or the copyright owner (if you are an agent or representative).
- A statement under the penalty of perjury that all the information you have provided is accurate and authorized by the copyright owner.
Remember: when you send the notice, a legal process begins. Therefore, if the information in your notice is false, the person receiving the notice may take civil action. Send AWS takedown notice here.
What to do if you Receive a DMCA Takedown Notice of AWS
If AWS receives a valid DMCA takedown notice, it will remove or disable access to the content. If you receive multiple takedown notices, as mentioned, AWS may terminate your account.
Remember, the DMCA act allows you to file a counter-notice if you receive a takedown request. When you file a counter-notice, the person who sent the takedown request has 14 days to take civil action. If the individual does not take civil action, AWS may reinstate the content if it does not violate company terms of service.
Your counter-notice must contain:
- Your name, address, and telephone number.
- Your digital or physical signature.
- A statement under the penalty of perjury that you have a good faith belief that the disabled or removed content was a result of misidentification or mistake.
- A statement that all you have written in the notice is accurate.
Note that when you send a counter-notice -you must consent to be sued in Federal Court. That means there must be a statement acknowledging the federal court’s authority over the matter if you are in the US.
Can you go to Jail for Copyright Infringement on AWS?
Yes. Under united states copyright laws, if you alter or change CMI (copyright Management Information) you may face up to five years in prison and a maximum fine of $250000. The same applies to piracy.
What to remember:
- Copyright owners may send a DMCA takedown notice to the infringing party or AWS.
- DMCA safe harbor protects online service providers from legal action under some circumstances.
- Fair use or fair dealing exceptions allow content creators to use copyrighted material without consent.
Overall, before you send a DMCA takedown notice on AWS, you must make sure that the document is compliant with section 512 of the DMCA act. You may use the DMCA takedown and counter-notice builder here at no cost.