DMCA Policy Template, Free Download 2026

This Digital Millennium Copyright Act Policy ("DMCA Policy") describes the procedures by which [Company Name] ("Company," "we," "us," or "our") responds to claims of copyright infringement in connection with content hosted on or transmitted through our platform (the "Service"), pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). We respect the intellectual property rights of others and comply with the notice and takedown procedures set forth in the DMCA. We have registered a designated copyright agent with the United States Copyright Office as required by 17 U.S.C. § 512(c)(2), and the contact information for our designated agent is set forth on the signature page and in the footer of our website.

To submit a valid notification of claimed copyright infringement, the complaining party ("Claimant") must provide a written communication to our designated agent that includes substantially all of the following, as required by 17 U.S.C. § 512(c)(3): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed; (b) identification of the copyrighted work or works claimed to have been infringed; (c) identification of the material claimed to be infringing or to be the subject of infringing activity, with information reasonably sufficient to permit the Company to locate the material, including the URL or other specific location on the Service; (d) information reasonably sufficient to permit the Company to contact the Claimant, including an address, telephone number, and email address; (e) a statement that the Claimant has a good faith belief that use of the material in the manner complained of is not authorized; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the Claimant is authorized to act on behalf of the copyright owner.

Upon receipt of a valid DMCA takedown notification, the Company will expeditiously remove or disable access to the allegedly infringing material and will notify the affected user of the takedown and the basis thereof. The Company will retain records of all takedown notifications received in accordance with applicable recordkeeping requirements. The Company reserves the right to seek additional information from the Claimant to verify the validity of the notification before acting on it. Incomplete or invalid notifications will not trigger safe harbor protections under 17 U.S.C. § 512(c).

If you believe that material you posted on the Service was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notification to our designated agent pursuant to 17 U.S.C. § 512(g)(3). A valid counter-notification must include: (a) your physical or electronic signature; (b) identification of the material that was removed or disabled and the location at which the material appeared before removal or disabling; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if outside the United States, in any judicial district in which the Company may be found, and that you will accept service of process from the Claimant or their agent.

Upon receipt of a valid counter-notification, the Company will promptly provide a copy of the counter-notification to the original Claimant and will inform the Claimant that the Company will restore the removed material or cease disabling access to it in ten (10) to fourteen (14) business days, unless the Company receives notice that the Claimant has filed a court action seeking a court order to restrain the allegedly infringing activity. The Company will restore the removed material or re-enable access to the disabled material within the prescribed period unless it receives such court action notice. Nothing in this DMCA Policy limits the Company's right to seek or enforce legal remedies against abusive or fraudulent counter-notifications.

In accordance with 17 U.S.C. § 512(i)(1)(A), it is the policy of the Company to terminate, in appropriate circumstances, the accounts of users who are repeat infringers of copyrights. The Company maintains a system for tracking copyright infringement notifications and counter-notifications and for identifying repeat infringers. A user's account may be terminated if the Company receives multiple valid DMCA takedown notifications regarding material posted by that user that are not successfully counter-notified, or if the Company independently determines that a user is engaging in systematic or repeated copyright infringement.

The Company also accommodates and does not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works, consistent with 17 U.S.C. § 512(i)(1)(B). For purposes of this Policy, a "repeat infringer" means any user who has had two or more pieces of content removed from the Service following valid DMCA takedown notifications within any rolling twelve (12) month period, or who has otherwise been identified by the Company as engaging in a pattern of copyright-infringing activity. Repeat infringer determinations are made in the sole discretion of the Company.

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, is liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, the copyright owner or licensee, or the service provider who is injured by such misrepresentation. The Company will not be liable for actions taken in good faith in response to DMCA notifications or counter-notifications that turn out to contain material misrepresentations, provided the Company complies with the DMCA safe harbor requirements.

This DMCA Policy addresses copyright infringement claims only. Claims regarding other forms of intellectual property infringement (including trademark, trade secret, or patent claims), defamation, privacy violations, or other legal issues should be directed to our legal department at the contact information provided on the signature page. The Company reserves the right to modify this DMCA Policy at any time, and will post the updated policy on our website with a revised effective date. Your continued use of the Service after any modification constitutes your acceptance of the updated DMCA Policy.