how to stop internet copyright thieves with a DMCA NOTICE

Hello! Below is a sample DMCA Notice that we will email to you and then you can copy and paste into your word processor and then change it to your own information. Then just email it to the thief's ISP. You also need to send them a second copy by "regular mail" - However, we never even sent copies through snail mail - we only emailed the notices to them and it worked for us.

Please read first:
You can contact a person's WEB SITE HOSTING COMPANY's Designated Agent and request your pirated product or work to be deleted. Make sure that you can prove that it is your copyrighted work and that it has been stolen,

copied, or infringed upon and it is showing or is obtainable through another web site or service. This ruling was set forth in the Digital Millennium Copyright Act of 1998 (DMCA).

You will need to send in TWO copies of the DMCA NOTICE. One copy by email and one copy by regular postal mail to the the web site's WEB HOSTING COMPANY's Designated Agent

You may have to run a "whois" search to see whom the host is: http://www.whois.net

Then contact the HOST to get their Designated Agent's contact info

Sometime it is on the Service Provider's web site.

You need to "physically sign" the copy you mail in by regular postal mail, but you can use a typed [electronic signature] on the DMCA copy that you email to the Host's Agent.

CAUTION:

If you knowing misrepresent the information within your DMCA claim that online material is infringing upon your copyrighted work, you can be subject to heavy civil penalties under the Federal Law.

That means court and attorney fees and other damages can be charged to you and you can even be subject to criminal prosecution for perjury. This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3). We are information publishers and not lawyers, but because of all the research and legal contacts we have had and because of receiving our own legal advice, we offer this email and DMCA Notice as just information only, and not as legal advice. You may wish to contact your own lawyer. However, preparing and sending the DMCA Notice yourself can save you quite a bit of money. It has saved us around $5,000 per case. It works, but you must be persistent. "Keep sending" the DMCA Notice "until" the Host takes down the site and/or your copyrighted work from their servers/s.

_________DMCA Notice Starts Below__________

Sample *Electronic* DMCA NOTICE

Your Name Here
Doing Business As Name Here
Put Your Web Site [URL] Address Here

1000 Your Street
Your City, Your State Zip Code
Telephone # [area code] Your Number Here
E-mail: Your Email Address Here
April 03, 2002

DMCA Notice

re:    [Put the Thief's Web Site Address [URL] Here][make it hyperlinked to their site]

TO: Name of ISP Person Responsible for DMCA Notices here

Name of ISP Person Responsible for DMCA Notices
Name of ISP Here
ISP's Street Address Here
City, STATE Zip Code

[Mr. or Ms, or Mrs. Name here] , please take appropriate action to disable access to the infringing materials described below, in accordance with the provisions of the Digital Millennium Copyright Act of 1998.

Should you require further information regarding this matter, please feel free to call on us.

Regards,

[please see our electronic signatures in the DMCA Notice below]

Your First and Last Name Here
1cc: Your Lawyer's Name Here, Attorney At Law
1cc: Your ISP [Internet Service Provider] Name Here

ELECTRONIC and Snail Mail NOTICE OF COPYRIGHT INFRINGEMENT

We, the undersigned, CERTIFY UNDER PENALTY OF PERJURY that we are agents authorized to act on behalf of the owner of certain intellectual property rights, said owner being named:

Your Name Here aka Company Name Here - City, State, USA

We have a good faith belief that the items or materials listed below are not authorized by the above IP Owners [Your Name Here], their agents, or the law and therefore infringe upon the IP Owner's rights. Please act expeditiously to remove or disable access to the material or items claimed to be infringing.

We may be contacted at:

Printed Name: Your Name Here
Title: President or whatever title you use
Company: Your Name aka Your Company Name
Street Address: Your Street address
City and State: Your City, Your State
Country: U.S.A.
Postal code: Your Zip Code
Email (correspondence): Your "hyperlinked" Email Address Here

Telephone: [Your area code here] Your Number Here

Truthfully,

Signed: Your Name Here Type [for email] or Write [for snail mail]

Allegedly Infringing items or materials:

Infringed Work or Right:
Our “Name of item stolen”

Original Materials & Copyright Holder(s):

Copyrighted materials belonging to:
Your Name Here aka Your Company Name Here:
My [Name of Your Copyrighted Material Here]

Location of ORIGINAL WORKS:

Put your "web site address" [URL] "showing" your copyrighted work here

[List here ALL web page addresses that show your copyrighted item/s]

Plus one exe file location processed by [Your Credit Card Processing Company's Web Address Here] which processes the sales of our “copyrighted” [Your Copyrighted Item's Name Here].

URL(s) of Infringed Works or Right:

Put the "hyperlinked" thief's web site address to the page that is showing your copyrighted item - here.

This site displays active pages for my [Your Item Name] this site calls it: [Thief's item Name] and [Thief's item name] is designed to sell our copyrighted material we call [Your Item Name], and this site is in violation of US Copyright law.

[Note: If the thief is using spam email to sell your items, be sure to put in a sentence or two here describing that event]

[Put any other information you have found about the thief along with any web page addresses supporting your claims - here]

Thank you, and I expect that you will remove our stolen materials immediately in accordance with the provisions of the Digital Millennium Copyright Act of 1998.

Signed [Your Name Here and Date Here]
1cc: Your Lawyer's Name Here, Attorney At Law [optional]

......end of form......

Note: Do NOT send any of the information below with the DMCA Notice.
[As we said...this worked for us, and it should work for you. It saved us around $5,000 in just one of our law suits]

This page and form is Copyrighted by HBR Publishers

You CANNOT resell it.

You DO NOT have reprint rights for it.