As sex workers, it’s common for us to post content on our ads, profiles and fansites for the public to see. Whether it’s photos on listings, videos on subscription platforms, or content on fansites, our digital presence is part of the work. But what happens when your content is reposted somewhere without permission? Whether through scraping—where a third party copies material from your ads or fansites and republishes it as their own—by accidental redistribution, or by outright malicious intent, unauthorised reproduction may infringe your rights. If you own the copyright to your photos, videos, or written content and you find it on a US website unfairly and without your consent, it’s time to file a Digital Millennium Copyright Act (DMCA) takedown notice!
What is the DMCA?
DMCA stands for Digital Millennium Copyright Act. Enacted in 1998 by the US Congress, it updated copyright protections for the digital age. It is intended to provide conditions that protect copyright holders from piracy of their creative content—video, photographs, music, graphics, and technology—online. To avoid being held responsible for copyright infringement, it is in the interest of Internet Service Providers (ISPs) and Online Service Providers (OSPs) to remove unlawful content.
What is a DMCA takedown notice?
A DMCA takedown notice is a process that incentivises OSPs and ISPs to remove copyrighted material from wherever it is infringing on copyright. If you find your content outside platforms you have agreed for it to be on, you may be able to have it removed. Provided you hold the copyright for your content and the provider is operating under US law, you are able to issue a DMCA takedown notice to have your work taken down.
Can I issue a DMCA takedown notice myself?
Yes, you can! If you find your content online where it doesn’t belong, and the infringer is operating under US law, you can issue a takedown notice to the OSP or ISP to have it removed. You can get a professional to do it for you (though this isn’t free!) through DMCA.com (a commercial service) or you can do it yourself using a template that you can easily find online.
How do I issue a DMCA takedown notice?
It’s super simple to issue a DMCA takedown notice yourself. You can do it via DMCA.com, where there’s a Do It Yourself (DIY) option that requires you to make an account. They have all the tools you need to send off your takedown notice.
Or if you’d prefer you can send a takedown notice to the provider’s DMCA agent yourself using a template, by following these steps:
Step 1: Get evidence
You need the source URL (where your original content is), the infringing URL (where you found it), details of how you own the content in question, and (if you know) how it was taken from you.
Step 2: Find the copyright infringers DMCA agent or contact details
Search the US Copyright Office DMCA Designated Agent Directory.
Step 3: Use a template to write your DMCA takedown notice
There’s a great one here. Make sure your finished letter contains the following:
- Your physical or electronic signature
- Your contact details - The source URL- The infringing URL- Information about how you own the content- A statement that you believe in good faith that the use of your content is not authorised
- A statement that you are providing accurate information and are authorised to act as the copyright holder
Step 4: Email it off to the provider’s DMCA agent and keep copies of everything!
The DMCA is a US act, and takedown requests are only applicable to companies that are covered by US law—if the site hosting your stolen content isn’t, they do not have to comply with the takedown request. There is the possibility sites may also just ignore your request, so be aware that even if you do everything right, there is no guarantee your content will be taken down.
It might be scary to find your content somewhere you haven't agreed to host it, but provided US law applies, there’s a simple way to at least try and get it removed. Issuing a DMCA takedown notice might seem complicated, but it’s a really simple, quick process that you can undertake yourself using these four steps.
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