What Is Section 512(c)(3)?
This section is a key part of U.S. copyright law that:
✅ Establishes how a valid DMCA notice must be structured
✅ Provides “safe harbor” protections to service providers (like UMW, YouTube, Spotify)
✅ Requires platforms to take down infringing content when a valid notice is received
What Must a Valid DMCA Notice Include?
Under Section 512(c)(3), a DMCA takedown notice must contain:
📛 The name and physical or digital signature of the complaining party
📧 Clear contact information (email or address)
🔗 Accurate identification of the material to be removed
❌ A good faith statement that the use is unauthorized
🖋️ A sworn declaration that the information is true, under penalty of perjury
What Happens If the Notice Is Incomplete or Invalid?
❌ If a notice is missing key elements, the platform is not legally obligated to remove the content.
✅ However, if the notice meets all requirements, the platform must act quickly to avoid legal liability for hosting infringing material.
📌 In Summary:
⚖️ Legal Basis | 📍 Section 512(c)(3), Title 17, U.S. Code |
Purpose | Regulates DMCA takedown notices |
Platform Obligation | Remove content if the notice is valid |
User Rights | Right to file a counter-notice if mistaken |