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Filing of DMCA takedown notice with search engines

Digital Millennium Copyright Act defeats not only rights of American authors and owners of intellectual property rights. If developments, publications, scientific works of Ukrainian authors or owners are spread on web sites without their agreement then DMCA provides opportunity to influence informational sources, which published materials which are infringed copyrights. This Law allows doing some actions which defeat rights and interests of authors and other persons who own rights for this product or composition.

The main type of defeating copyrights by DMCA is cooperation with general search systems, in particular Google. Realization of this function is consisted in deleting site or its part, where were published materials, from search. Except it, Google entitles to delete this material if it was published on services of their company. As follows, informational sources, which infringe copyrights, become unavailable for users’ view.

Individual or legal entity has to report about infringement to the Google company for using defeating opportunities of DMCA. The procedure of reporting is defined clearly by the clauses of DMCA. According to it an application form about infringement of copyright is submitted in written form. It must include information about:
-          Product, intellectual property rights to which are infringed (computer program, scientific work, a work of literature etc.)  
-          Content of a web site where is infringement of copyrights;
-          Confirmation of Google search results which show illegally published author’s materials and also their web pages addresses;
-          Full information and contacts about individual or legal entity who submits an application form;
-          Information whether it is possible to contact with web site’s owner or another authorized person of site where materials illegally published;
-          Confirmation of application’s lawfulness with copyrights for the product;
-          Signing of an application form of a person whose rights are violated or his or her authorized person   (with attachment of documents’ copies which confirm representation).

An application form and other necessary documents or their copies are sent to the Google company via mail or fax.

If an application form complies with DMCA clauses then the Google company launces the procedure of defeating of copyrights by exclusion of a web site or its pages from search results (informational blockage) or by deleting material from Google sources. As a result of blockage there is no access to site or page and it is closed because of infringement of DMCA clauses. There will be a proper notification. At the same time, web site’s owner or his representative will be informed about these actions.

If submitted application form doesn’t complies with DMCA clauses then it can’t be satisfied, but representatives of the Google company advise how to correct mistakes.  
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