How to File a DMCA Takedown Notice

A DMCA takedown notice asks an online service provider, such as a marketplace, a host or a search engine, to remove material that infringes your copyright. For brands, the typical case is a seller who has copied your product photos or written description. Under 17 U.S.C. 512(c)(3), a notice must include six elements: your signature, the work, the infringing material and where to find it, your contact details, a good faith statement and a statement of accuracy under penalty of perjury.

This guide explains when copyright applies to product content, walks through each required element, gives you a template, and covers counter-notices, the risk of false claims and the marketplace forms that often replace a formal notice. It is general information, not legal advice.

When copyright applies to your listings

Copyright protects creative works, including photographs and text. In the US, a work is protected from the moment it is created and fixed, with no registration required. For an online brand, that usually means:

• Product photos you took or commissioned, provided you own the rights. If a photographer or agency made them, check your contract: the photographer may own the copyright unless it was assigned to you.
• Lifestyle images, videos and graphics used in listings and ads.
• Written descriptions with original wording, beyond short factual statements such as sizes and materials.

Copyright does not protect the product itself as a trademark or design would, and it does not cover a brand name. A copy of your product sold with the seller's own photos is not a copyright matter: see our guide to counterfeits, knockoffs and dupes for the rights that may apply. When the listing uses your brand on fake goods, a trademark or counterfeit report is the stronger claim.

The six elements of a valid notice

The statute says a notice is effective if it includes substantially the following. The US Copyright Office summarizes the same list.

Element (512(c)(3)(A))	What to write
(i) Signature	A physical or electronic signature of the owner or a person authorized to act for the owner
(ii) The copyrighted work	Identify your work, for example the original photo file or the URL of your own listing where it appears
(iii) The infringing material	Identify the copy and give information reasonably sufficient to locate it: the exact URL and listing ID
(iv) Contact information	Your name, address, telephone number and, if available, email address
(v) Good faith statement	A statement that you believe in good faith the use is not authorized by the owner, its agent or the law
(vi) Accuracy and authority	A statement that the notice is accurate and, under penalty of perjury, that you are authorized to act for the owner

A notice that misses elements may not be treated as effective. Include all six, even when a platform's form seems to ask for less.

Template notice

Replace every bracketed field, and send one notice per recipient.

DMCA Notice of Copyright Infringement

To: [Designated agent name], [Service provider name]
[Agent email or address, from the provider's site or the DMCA Designated Agent Directory]

Date: [Date]

I am writing on behalf of [Company name], the owner of the copyright in the works described below, to request the removal of infringing material under 17 U.S.C. 512(c).

1. The copyrighted work. [Describe the work, e.g. "Product photographs of the [PRODUCT] jacket, created by our company in [year]."] The original works appear at: [URL of your official listing or website page].

2. The infringing material. The following material reproduces these works without authorization:

• [Infringing URL], listing ID [ID], [which image or text is copied]
• [Infringing URL], listing ID [ID], [which image or text is copied]

3. Contact information. [Name], [Company name], [Address], [Telephone], [Email].

4. Good faith statement. I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

5. Accuracy and authority. The information in this notification is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Signature: [Full name, typed or signed]
[Title], [Company name]

Where to send it

Service providers that want the safe harbor must designate an agent to receive notices and publish the agent's contact details on their site and with the Copyright Office. You can look up an agent in the Copyright Office's DMCA Designated Agent Directory.

For large marketplaces, the platform's own form is usually the practical route. Amazon's Report Infringement form and Brand Registry's Report a Violation tool both accept copyright claims, and eBay's Verified Rights Owner (VeRO) program uses a Notice of Claimed Infringement that covers copyright. These forms collect the same information as the statute and route it to the right team. For an independent web shop, send the notice to its host's designated agent.

How to file, step by step

1. Confirm copyright applies. Make sure the listing copies a work you own, and consider whether the use could be fair use, for example a genuine review or commentary.
2. Find the right recipient. Use the platform's copyright form, or the designated agent listed in the directory.
3. Identify both works. Point to your original and to the exact infringing URL, image or text.
4. Include the required statements. Add your contact details, the good faith statement and the accuracy and authority statement.
5. Sign, send and track. Keep a dated copy of the notice, the confirmation and a capture of the listing as it was when you filed.

Counter-notices and the restoration window

The seller whose material was removed can send a counter-notice. Under 17 U.S.C. 512(g)(3), it must include the seller's signature, an identification of the removed material and where it appeared, a statement under penalty of perjury that it was removed by mistake or misidentification, and the seller's name, address, telephone number and consent to the jurisdiction of a US federal court.

The provider then sends you a copy. Unless you notify the provider that you have filed a court action seeking to restrain the infringement, it may restore the material not less than 10 and not more than 14 business days after receiving the counter-notice. If you believe the counter-notice is wrong, speak with counsel promptly: the window is short.

Misrepresentation risk under 512(f)

Section 512(f) makes anyone who knowingly misrepresents that material is infringing liable for the damages, costs and attorney fees that result. In Lenz v. Universal Music Corp. (2015), the Ninth Circuit held that copyright owners must consider fair use before sending a takedown notice.

Mistakes to avoid

• Vague identification. "Your site has my photos" is not enough. Give the exact URLs and say which images or text are copied.
• Missing statements. Leaving out the good faith or penalty of perjury statement can make the notice ineffective.
• Wrong owner. If a photographer holds the copyright, you may need their authorization or an assignment.
• Using copyright for a trademark problem. A counterfeit with its own photos needs a trademark or counterfeit report.
• No record. Without a dated capture of the listing, it is hard to show what was there if it is relisted or the case escalates.

When to involve counsel

Handle clear cases of copied photos yourself. Speak with a copyright attorney if you receive a counter-notice and want to keep the material down, if the seller disputes your ownership, if the use might be fair use, or if you are considering a lawsuit. For smaller claims in the US, the Copyright Office's Copyright Claims Board handles disputes of up to $30,000 as an alternative to federal court. When the same seller also uses your brand name, a trademark cease and desist letter can cover both issues. Our counterfeit evidence checklist lists what to keep for either route.

How Valigard helps

Valigard is built around your product photos. It searches marketplaces worldwide, and small web shops, for listings that reuse your official images, shows the photo match next to your reference photo and keeps the listing URL, title, seller details and a saved, timestamped copy of the page. It also prepares a takedown notice draft and report text you can adapt for each platform.

Valigard does not send notices: you file with the platform or the designated agent, then log the status and case number. It cannot guarantee that a platform will remove a listing.