How to file a DMCA takedown request on Discord: Can you sue a Discord user for copyright infringement?

To take down infringing content on Discord, you must gather evidence of the infringing behaviour, complete the Discord DMCA takedown request form, then submit both items to Discord support. However, according to Discord, improper use of support or complaint channels may result in account deletion. Also, filing a fraudulent DMCA takedown may result in a civil action.

Keep reading.

Quick take: how to file a DMCA takedown notice on Discord.

  • You may sue a Discord user for copyright infringement but the process is expensive and time consuming especially if the infringing party is from another country.
  • Discord is compliant with terms of the DMCA act, you may thus file a DMCA takedown notice if you notice unauthorized use of your work.
  • Discords terms of service agreement shields the company from lawsuit related to user copyright infringement activities.
  • If you receive a DMCA takedown notice you have the option to file a counter notice.
  • Discord may delete content on its platform without consulting you and without reason.
  • Content on Discord may be subject to fair use doctrine.
  • The fair use doctrine allows content creators to use other peoples work without consent.

What is a DMCA takedown?

Does Discord Do DMCA takedowns?

According to Discord’s TOS, the company respects the intellectual property of others. Consequently, if they receive a valid DMCA takedown request, they will act on it. However, as mentioned, if you send a fraudulent takedown request, the action may result in account suspension or deletion. In addition, the person you sent the fraudulent request to has the option to file a civil action. Why?

Discord’s terms of service contain a binding arbitration provision and class action waiver. That means when you create an account or profile, you enter a legal agreement. One of the agreements you make when you create a profile is that you will not modify, copy, frame, reproduce, download, scrape, display, transmit, or sell service material without Discord’s prior written permission.

 “Service material” on Discord refers to information, software, music, graphics, videos, and all files on the site.

What you need to remember is you own the content you post. Meaning Discord is not responsible for any material you upload, post, or make available. Also, Discord’s TOS reads in part, quote:

By uploading, distributing, transmitting or otherwise using Your Content with the Service, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the Service.”

The question is:

What should you do if someone infringes your work on Discord?

If you notice someone using your work without your permission or consent, you may request a takedown by contacting [email protected].

Or you may submit a takedown request on the site’s support page, as shown below.

Complete Discord’s DMCA Notice form

How to file a DMCA takedown request on Discord.

The first step is to gather evidence. The idea is to take screenshots of the infringing material and preserve them. The issue with Discord is that you do not have the option to chat with users directly if you are not friends on the platform. Consequently, requesting the infringing party to take down the content directly may not always work.

After taking screenshots or videos of the infringing content. Discord requires you to:

Go to support.Discord.com

From the drop-down menu, select “File a DMCA takedown request.”

Additionally, if you would like to build your own, you can use our DMCA takedown template builder.

In the next stage, you will have to enter your email address, describe the infringing activity, attach screenshots, and submit.

Remember, Discord reserves the right to remove or permanently delete any content, including user-generated content, with or without notice and for any or no reason. Because of that, if Discord takes down your content, taking civil action against the company can get convoluted.

How to sue someone on Discord for copyright infringement or harassment

Note that Discord’s terms of service protect the company from lawsuits, but it does not protect you. Because of that, if you infringe on someone else’s work, the property owner has the right to take civil action.

To sue someone on Discord over copyright, the content in question must be registered with the copyright office. If you have already done that, you will have to file a lawsuit in federal court.

Before taking legal action, legal experts recommend that you file a takedown request or send a demand notice. If the individual fails to comply with your requests, you may employ the services of a claims attorney. What is a demand letter?

A demand letter tells the infringing party that you are aware of the infringing activity, you have evidence that the individual or company has violated your copyright, and that you are ready to take civil action. A demand letter also informs the individual that you are willing to settle the issue out of court for a particular sum or under some conditions.

Why send a demand letter?

Copyright infringement lawsuits are expensive, and there is no guarantee that you will win compensation in the end. However, settling the issue out of court may save you money.

Is the infringing party in your country?

If the individual infringing your content is from another country, the process is tedious and expensive. Why?

The country may be unwilling to enforce rulings made in your country, and finding the violator can be difficult.

What to remember:

  • You may face a civil lawsuit even if you significantly alter someone else’s work.
  • Fair Use exceptions allow creators on Discord to use other people’s work.
  • Make sure that the altered work does not mirror the original

Should I sue or file a takedown notice on Discord?

As mentioned, copyright infringement is against Discord’s terms of service. Because of that, if you notice someone infringing your work, the easiest thing to do is to file a DMCA takedown request on Discord’s Support page. Remember, you will have to prove to Discord that you own the media for the company to take it down. If you file a fraudulent takedown notice, you may face civil action.