DMCA artistic license

DailyMotion TakeDown Process

step-by-step guide

DailyMotion is an online video streaming site, much the same as YouTube and Vimeo. You may discover that people have used your artwork in part of their posts, a profile image or actually using the artwork, without permission, inside one of the videos on the site. So, like most sites, they have provided a DMCA takedown form. It is a pretty simple DMCA take down complaints form to fill in. Their form is one small page of the basic information required. The takedown form can be found here!

The form comes out of a search in their faqs section. A soon as you select the link it automatically instigates a correct procedure for the first options of the form. Which are the “How can we help you?” and “Kind of Request” section. If you do arrive at this request form that has not populated the form automatically, then follow the next steps.dailymotion001

The first pulldown menu needs to be selected to have the option for “Copyright and Content Protection“, from the selectable list.

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Then the next section down you can choose the next option that will auto-populate with two choices from the selection above. It allows you to either add a DMCA Notification claim or a Counter claim based on the action you wish to take. The first is if you wish to remove items from the site,  the second is if you want to challenge someone who is asking to remove items from the site. In the case of this tutorial we are assuming that you are asking for removal. So, select the first option on the list, which is “Notification“.
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The next pull-down menu in the list is the identification of your role in the matter. Unless you are representing someone, you should select the top option, “An individual“.

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Then comes the standard contact information that appears. When adding your email address it is better to use the one associated with the account you have on Dailymotion (if in fact you have an account). Otherwise an official work email for your artistic endeavours would be favourable. The rest re required and standard. If you select “A legal entity“, then the form adds other fields that are required to complete the process.

Subject and Description are the standard elements of the request form, but read as the Title of complaint. I would suggest adding the statement DMCA Takedown Request for {name of artwork}. In the description, you should add details of the infringement as well as a description of your artwork, with notifier aspects to the artwork. Also add a link here to the official publication version of the artwork, whether on your site or a recognised portfolio site, with reference to you.

dailymotion006Then you add a link to the infringing artwork, whether a video, a profile or a post that contains the disputed artworks. It should be as direct as possible to expedite the claim. Then under that is a box that allows you to air the reason for the dispute. You simply state something to the fact that you are the official copyright owner and that the use of your image is without permission or contract or remuneration.

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Then come the necessary declarations of legality and formality toward a valid claim of removal. Simply tick these two boxes and then, the odd part. I am not sure if this form leads to other more detailed claim requirements, but there is no indication of adding a digital signature to the form, to legalise the claim. Instead there is a box where you can upload a screenshot of the infringement if you require. But after that you simply click “Submit“, and your form is sent. Good luck!