If you receive a DMCA takedown notice, Twitter may lock you out of your account permanently or until you review and agree to twitter’s copyright policy. But you have the option to file a counter-notice, and if you are the intellectual property owner, you may send a demand letter to the infringing party or take civil action.
- You may file a DMCA takedown notice via this link.
- Twitter’s fair use policy allows creators to use copyrighted material for commentary, satire, news reports and educational explanation.
- Crediting the copyright owner may not protect you from civil action.
- If you receive a DMCA takedown notice on twitter, you may file a counter notice.
- If the copyright owner does not take civil action within 14 days after sending a takedown notice, twitter may restore the content.
Does Twitter have a DMCA Policy?
The Digital Millennium Act or DMCA refers to copyright laws that criminalize the distribution of copyrighted material without consent from the copyright owner. It is an alternative to litigation that you may use to force other Twitter users to remove content that belongs to you.
Twitter recently updated its policies resulting in many users receiving DMCA takedown notices for content dating back years. If you are amongst the users who received such notices, the easiest thing to do is take down the content. However, if you have permission to use the content from the copyright owner or if it is your original work. Section 520c of the DMCA act allows you to file a counter-notice.
What is Fair Use/Fair Dealing on Twitter?
Twitter has a content policy. What you need to remember is that when it comes to infringement, Twitter does not want you to do the following:
- You should not impersonate any group organization or individual.
- It is against twitter’s policy to deceptively share manipulated media.
- You should not violate other users’ intellectual property rights.
How to File a DMCA Takedown notice on Twitter
Section 512 of the DMCA act requires internet service providers, including Twitter, to respond to copyright claims and provide instructions on how to file a claim and a counterclaim. Consequently, if you notice someone using your content without permission, this is what you need to do:
Three ways to Takedown Infringing Content on Twitter
- Send a demand letter to the infringing party: if someone is profiting from your work without permission, you may send the individual or group a demand letter. The demand letter should contain a statement informing the infringing party that you are aware of the infringing activity and are willing to settle out of court. Tip: most people take demand letters seriously if it is written by a lawyer or sent through a law firm.
- File a DMCA takedown notice: you may send the notice directly to the infringing party or through Twitter.
- Take civil action: civil action should be the last option because it is expensive, and there is no guarantee that the court will rule in your favor. Furthermore, if the infringing party is not from your country, there is no telling if the authorities in the infringers’ country will comply with rulings in yours.
If unsure which option is most suitable for your situation, we recommend consulting with an attorney.
How to File a DMCA Takedown Notice on Twitter: Steps
- Gather evidence: to prove your claim, you will need evidence of the infringing content. To that end take screenshots and save the URL.
- Visit Twitter’s help center and file a copyright complaint.
Note: when you complete the DMCA takedown form linked above. You begin a legal process. Because of that, if you provide fraudulent information, the person recovering the notice may take civil action. In addition, Twitter may suspend or terminate your account.
How to Write a DMCA Takedown Notice on Twitter
Using the form linked above is easier. However, if you decide to send the notice directly to the user, section 512a requires that the notice contain the following elements:
- Your name and contact information, including your email address.
- Your digital or physical signature.
- Infringing content, infringing activity, and location of the infringing material (URL).
- A statement declaring that you have a good faith belief that the content in question is infringing on your intellectual rights.
- A statement asserting that everything contained in your notice is factual and approved by the copyright owner.
What to do if you Receive a DMCA Takedown Notice on Twitter
As mentioned, if the content does not belong to you. Taking it down may save you from litigation. However, if it complies with fair use or if you own the content. Then, you may file a counter-notice.
It is also worth noting that on Twitter. Removing a copyright complaint does not resolve the complaint, thus the rights owner may take civil action. If you decide to take civil action, it is in your best interest to collect as much evidence as possible. However, lawsuits are expensive, and there is no guarantee that the court will rule in your favour.
In short, if you receive a fraudulent takedown request, you have the option to file a counter-notice or to take civil action. If you send a counter-notice, under the DMCA act, The other party has 14 days to take civil action. If the person does not, Twitter or other internet services providers may restore the content if it does not violate its terms of service.
Just like DMCA takedown notice, a counter-notice should contain your name, contact information, the infringing material or activity location, and a statement stating that you have a good faith belief that the disabled or deleted material is a result of misidentification or mistake.
Remember, just like a DMCA takedown notice, completing a counter-notice initiates a legal proceeding. That prompts the question:
Can I go to Jail for Copyright Infringement on Twitter?
In theory, yes. But in practice, it is highly unlikely. Why? Under the DMCA act, altering or changing copyright management information is a crime punishable by jail time and a fine between $2500 to $25000. But copyright laws vary depending on the country, meaning what is illegal in one country may be legal in the other.