How to Hire DMCA Lawyer: Ultimate Guide

Did you send a DMCA takedown and get nothing back to show for it?

We’ve been there.

Unfortunately, you may need to escalate things by hiring a DMCA lawyer who is well-versed in DMCA law.

Here’s how to hire one!

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An added benefit of our relationships is that we always try to negotiate exclusive discounts for our visitors.

Understanding DMCA Takedown Notices

First, you will need to understand what a DMCA takedown notice is.

So… what is it?

The DMCA, or Digital Millenium Copyright Act, is an update to copyright law that protects the originality and ownership rights of online content.

The three main points were:

• “Establishing protections for online service providers in certain situations if their users engage in copyright infringement. It includes the notice-and-takedown system, which allows copyright owners to inform online service providers about infringing material so it can be taken down”
• “Encouraging copyright owners to give greater access to their works in digital formats by providing them with legal protections against unauthorized access to their works (for example, hacking passwords or circumventing encryption)”
• “Making it unlawful to provide false copyright management information (for example, names of authors and copyright owners, titles of works) or to remove or alter that type of information in certain circumstances.”

Registering your copyright with the U.S. Copyright Office can provide additional legal protections and is often a crucial step in the DMCA process.

Some examples of the online content the DMCA applies to include:

• Articles
• Photographs
• Videos
• OnlyFans content
• Online courses
• Artwork
• Audio or music files
• Software / Video Games
• And more

A DMCA takedown notice is what you send a site owner when you find your original online content distributed without your permission on their site.

Usually, this is in the form of a cease-and-desist letter that includes the URL of the original content and the URL of the stolen content, as well as any evidence that proves ownership of the stolen content.

It’s important to note that you do not need to hire a lawyer to send a DMCA notice, but one can certainly help if you need to take steps beyond the cease and desist (more on that later).

Understanding the Digital Millennium Copyright Act (DMCA)

The Digital Millennium Copyright Act (DMCA) is a pivotal U.S. copyright law designed to protect intellectual property in the digital age. Enacted in 1998, the DMCA provides a framework for safeguarding copyrighted material such as written works, images, videos, and music from unauthorized use or infringement. One of its key features is the notice-and-takedown system, which allows copyright holders to request the removal of infringing content from online platforms. Additionally, the DMCA grants certain liability limitations to online service providers, shielding them from legal repercussions for copyright infringements committed by their users, provided they comply with the takedown process. This balance aims to protect both the rights of content creators and the operational integrity of online platforms.

When to Use a DMCA Lawyer vs Takedown Service

How do you know when to use a lawyer and when to use a DMCA takedown service?

It depends on a large number of factors, including the type of content, whether or not you’ve already tried to send a DMCA takedown notice before, how many sites your content is being shared on, your budget, and more.

Let’s break it down.

When to Use a Service

We always recommend using a DMCA takedown service first, as it’s generally cheaper and less hassle.

Here are a few signs that a DMCA service could be the right choice for you:

• A large number of requests
• If you just need more simple takedowns done
• Smaller budget
• Faster service
• Continual monitoring and follow-up
• Less time-consuming, more hands-off

When to Hire a Lawyer

Sometimes, your case just needs more help, and that's when DMCA lawyers can be invaluable. In this instance, it’s worth it to hire a DMCA lawyer.

Here are cases where a DMCA lawyer could be the right choice:

• If you already sent DMCA takedowns and they got ignored
• More complex cases that need more legal support for takedowns
• Fewer but more intense DMCA takedowns needed
• If you need to take legal action (enforcement and litigation)
• Long-term extensive strategy to protect super-sensitive online content
• Complex OnlyFans cases where revenge porn could be part of the issue

How to Hire a DMCA Lawyer

So you carefully looked at your situation and determined that you need to hire a DMCA lawyer.

Here’s how to do that.

Identify Your Needs

Do you need to get content taken down from a high volume of sites or just one particularly tricky one? Do you want to take official legal action against a website owner who stole your content, up to suing them?

And what kind of content do you need to protect? If you’re an OnlyFans model, you may want to find a lawyer who has experience dealing with sensitive and highly personal content.

If you’re an influencer whose content is being stolen or you’re a victim of deep fakes, that’s another thing you may want to consider when looking for the right DMCA lawyer.

Determine Your Budget

Next, consider how much money you have to spend on a lawyer.

Take into consideration how much lawyers charge and what charging structure works best for you.

Keep in mind that this is a pricey service. You can expect to spend at least $3,500 to get a lawyer to take on your case.

Look Into DMCA Takedown Lawyers

Next, begin your search!

You can ask for personal references if you have friends in your same industry who have gone through this process or search for yourself. Experienced DMCA takedown lawyers are adept at handling DMCA takedown cases, ensuring that your content is protected and infringing material is removed swiftly.

Check out freelance sites for attorneys and look into prepaid legal service providers as well.

Read Reviews

This almost goes without saying in today’s digital age, but always check out the reviews.

Look at what people liked about the attorney/legal team in question and what they had complaints about. Are there common issues that multiple clients mentioned in their reviews? What was the level of professionalism with which they handled everything? Were they communicative during the process or did clients feel left in the dark?

Pay attention to these patterns and make sure that their strengths and weaknesses align with your expectations and needs.

Compare Service Providers

Now it’s time to do a side-by-side comparison.

What is each of your lawyers bringing to the table? What do their services include? Are they experienced in filing takedown notices and handling complex copyright issues? How much experience do they have with your particular type of content and DMCA takedown?

Does this lawyer have better reviews than the one that’s more affordable? You’ll need to weigh all of the factors to pick the right attorney for your needs.

Choose Your Provider & Sign a Contract

Once you’ve found your perfect DMCA attorney, you‘ll need to sign a contract.

Look at it carefully and bring up any concerns that may arise with your lawyer. A good attorney will be able to clarify and tweak things to create an arrangement that both parties are happy with.

What to Look for in a DMCA Lawyer

When searching for a DMCA lawyer, it’s crucial to find someone well-versed in intellectual property law and social media law. Look for an attorney with a proven track record in handling DMCA takedown notices, copyright infringement cases, and online piracy. A good DMCA lawyer should offer personalized attention, competitive pricing, and transparent fees. They should be adept at navigating the DMCA process and have a history of successful takedowns. Additionally, their experience should extend to various types of content, ensuring they can effectively protect your specific intellectual property.

Where to Find a DMCA Lawyer

Luckily, there are plenty of places where you can search for a DMCA lawyer.

We recommend that you begin by asking for references from people you trust who can vouch for their lawyer.

If that doesn’t work, there are plenty of places you can go searching for attorneys of all varieties.

You can hit up a freelance website for attorneys to easily find one within your budget or search around to find attorney offices near you.

Benefits of Hiring a Professional for DMCA Takedowns

Even if you decide to hire a takedown service instead of a lawyer for your DMCA takedown, there are many benefits to outsourcing your DMCA takedowns to a professional or a team of experts. Professionals are also well-versed in dealing with internet service providers to ensure that infringing content is removed promptly.

Some of these benefits include:

• More knowledge and experience with DMCA
• More organized
• Better at following up until content gets removed
• Able to send a larger volume of takedowns every day
• Saves time and money
• Better able to handle more complex cases
• More legally compliant
• Defense against counterclaims
• Ongoing monitoring

The Takedown Notice Process

The takedown notice process is a formal procedure to remove infringing content from the internet, crucial for protecting copyrighted material from unauthorized use. Here’s a step-by-step guide to the process:

1. Identify the infringing material: Locate the content that is being used without your permission and gather evidence of the infringement.
2. Determine the online service provider: Identify the website or platform hosting the infringing material.
3. Prepare the takedown notice: Draft a formal notice that includes the required information, such as the identification of the copyrighted work, the infringing material, and your contact information.
4. Send the takedown notice: Submit the notice to the online service provider, who will then review and remove the infringing content if the notice is valid.

This process is essential for maintaining control over your copyrighted material and ensuring it is not misused online.

DMCA Takedown Notice Requirements

A valid DMCA takedown notice must contain specific information to be effective. Here are the essential elements:

1. Identification of the copyrighted work: Clearly identify the work that is being infringed upon.
2. Identification of the infringing material: Provide a detailed description of the infringing content, including the URL or location of the material.
3. A statement that the material is being removed at the request of the copyright holder: Include a statement that the material is being removed due to copyright infringement.
4. A statement that the copyright holder is the owner of the work: Affirm that the copyright holder is the rightful owner of the copyrighted material.
5. Contact information for the copyright holder: Provide contact information, such as name, address, and phone number, for the copyright holder.

Ensuring these elements are included will help in the swift and effective removal of infringing content.

What Happens After a Takedown Notice is Sent?

Once a takedown notice is sent, the online service provider will review it to determine if it meets the requirements for a valid DMCA takedown notice. If the notice is valid, the provider will remove the infringing content from their platform. However, if the notice is not valid, the provider may ignore it or respond with a counter-notice. In some cases, the alleged infringer may contest the takedown notice, which could lead to a legal dispute. If this happens, the copyright holder may need to pursue legal action to enforce their rights and ensure the removal of the infringing material. This step underscores the importance of having a well-prepared and accurate takedown notice.

Conclusion

There you have it! There’s how and when to hire a DMCA lawyer to perform a takedown.

We recommend checking out a DMCA takedown service first since they’re far cheaper than lawyers.

And hey, we have our own DMCA takedown service where we use a team of experts to continually monitor and send DMCA takedowns to anyone and everyone who wants to steal your content.

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Learn More

Our content was stolen!  So, we found an anti-piracy expert to reclaim our lost rankings and stop unauthorized copies. Now you can work with him too. 

• Avoid lost revenue when others monetize YOUR content
• Stop brand damage when your name is used on shady websites
• Prevent pirated copies from appearing above you in search results

Frequently Asked Questions

How much does a DMCA lawyer cost?

A DMCA lawyer can cost $3,500 plus, depending on the scope of your needs.

Do you need a lawyer for a DMCA?

No, you can almost always just use a DMCA takedown service to get stolen content removed from infringing sites.

Who needs a DMCA agent?

Online service providers and site owners that allow users to post content on their sites likely need a DMCA agent to handle takedown requests and counter-notices.

How long does it take to get a DMCA?

The average takedown time for a DMCA takedown request is 10 days, but unfortunately, the process can take as long as 8 weeks.