According to Wikimedia’s DMCA takedown policy, the organization will push back if they receive a fraudulent takedown notice. If the notice is valid, the DMCA act requires ISPs, including Wikipedia, to take down the post or infringing content.
Quick take:
- You may request user information from Wikipedia.
- If you notice unauthorized use of your content, you may send a DMCA notice to Wikipedia or directly to the user.
- If you receive a DMCA takedown notice, you may file a counter notice.
- Fair use and fair dealing exceptions allow content creators to use copyrighted work without consent.
- If you receive multiple DMCA takedown notices, Wikipedia may delete or suspend your account.
Create and download a DMCA takedown notice for Wikipedia here, then send it to [email protected] or a designated agent.
How do you Beat a DMCA Takedown Notice?
The DMCA safe harbor provision section 17 USC 512 protects Internet Service Providers from liability that may arise from end-user copyright infringement if storage of the infringing material was initiated by the user and not the ISP. Also, fair use or fair dealing exceptions allow creators, collectors, and consumers on Wikipedia to use copyrighted material on the condition that they “transform it” into educational content, legal commentary, satire, or news reporting.
In other words, make sure that your content does not violate Wikipedia’s content policy.
How to file a DMCA Takedown Notice on Wikipedia
If you notice someone using your intellectual property on Wikipedia without your authorization, you have the following options. One. You may send a DMCA takedown notice directly to Wikipedia. Two. You may request Wikipedia to send you user information -then send the notice directly. (3) you may send a DMCA notice to the site’s webhost or internet service provider, including Google.
According to Wikipedia, the platform has only granted one request for user information since its inception. Furthermore, Wikipedia claims to quote “collect little non-public information.” Meaning, it is easier to send a valid takedown request to the ISP (Wikipedia).
What is a Valid DMCA Takedown Notice?
Under the DMCA act, all takedown notices must contain the elements listed below. Also, you must have evidence to prove that you are the rightful owner of the intellectual property. So, before you use our DMCA takedown notice builder here. You should know that once you submit the completed notice. You begin a legal process that puts you at risk of civil action if you share false information.
Note. Altering Copyright Management Information (CMI) is punishable by up to five years in prison and a maximum fine of $250000.
That said. A valid DMCA takedown notice must contain:
- Your identification, including your name and physical/digital signature (your full name).
- Contact information, including your email address and phone number
- Identify the infringing material, infringing activity, and infringing location (URL/link)
- A statement that you or the person you are representing have a good faith belief that the use of the material is not authorized by the copyright owner or the law.
- A statement that all the information in your takedown notice is accurate, and that you have the authorization to act on behalf of the copyright owner.
Note that both statements constitute perjury if the notice contains false information. Also, if you receive multiple takedown notices, Wikipedia may suspend your account.
To prove your claim, you must have evidence. We recommend taking screenshots. You should also have the property’s Copyright Management Information.
What to do if you Receive a DMCA Takedown Notice
If Wikipedia receives a valid DMCA takedown notice, the platform may disable the content then send the user a copy of the notice. The user who uploaded the infringing material, under the DMCA act, has the right to file a counter-notice. If you file a counter-notice, what will happen is Wikipedia will notify the person who sent the notice. Once notified. The party that claims to be the copyright owner has 14 days to file a lawsuit after which Wikipedia may restore the content if it does not violate company policy.
What is a Valid DMCA Counter-Notice?
A valid counter-notice must contain the following elements:
- Your name, and contact information, including email address or telephone.
- A physical or digital signature (your full name)
- A statement that you have a good faith belief that the material was taken down by mistake or misidentification.
- Consent to federal court authority if you are in the US. If you are in another country, your notice must contain your consent to court authority.
Note that if you send a fraudulent takedown notice, the copyright owner may file a civil action to recover damages, including attorney fees.
Note: If you need more advanced DMCA protection you can actively scan the internet for DMCA trademark infringements with DMCA Pro.
What Constitutes Copyright Infringement on Wikipedia?
Copyright infringement is the use of copyrighted content without authorization from the copyright owner. Wikipedia is a user-generated content site, meaning if the platform is unaware of infringing content on its site, and if it responds promptly to a takedown notice, then you may not have grounds to take civil action.
Does the Copyright Violation affect the Whole article, or is it Partial?
If you copy and paste writing from another website, book, or other writing to Wikipedia in its entirety. Wikipedia will delete the page if the platform receives a valid takedown notice. On top of that, as mentioned, Wikipedia may suspend or delete the violator’s account.
In short:
- Do not upload copyrighted material to Wikipedia if it does not comply with fair use or fair dealing principles.
- If you receive a valid takedown notice, you should consider editing or taking down the content.
Can you go to Jail for Copyright Infringement?
Yes. In the US, if you willfully infringe someone else’s copyrighted work, 18 USC section 2319, says that for a first offense, copyright infringement is punishable by up to five years in prison and a maximum fine of $250000. For a repeat offense, the penalty is up to ten years in prison and a maximum fine of $250000.
For misdemeanor offenses, the penalty is up to one year in jail and a maximum fine of $100000.
What to remember
- You have the option to send a DMCA takedown notice, demand letter, or cease and desist letter.
- You may prevent ISPs from reinstating copyrighted material by sending a cease-and-desist letter within 14 days after receiving a counter-notice.
Other DMCA Takedown Processes
If you need more advanced DMCA protection you can actively scan the internet for DMCA trademark infringements with DMCA Pro.