I Received a DMCA Complaint: Now What?

Receiving a legal notice can be stressful, but it is a common part of managing a website today. If you have received a DMCA notice regarding content hosted on your InterServer account, it is important to act quickly and understand the process. This guide will help you navigate what happens next and how to protect your site.

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What is a DMCA Complaint?

The Digital Millennium Copyright Act (DMCA) is a US law that helps copyright owners protect their work online. A “DMCA Complaint” (or takedown notice) is a formal request from a person or company claiming that your website is using their intellectual property—such as images, text, videos, or software—without permission.

What is a Counter-Claim?

If you receive a notice but believe you have the legal right to use the content, you can file a Counter-Claim. This is a formal response stating that the material was removed by mistake or misidentification. Once a valid counter-claim is processed, the law generally requires the host to restore the content within 10 to 14 business days, unless the copyright owner files a lawsuit.

Why InterServer Must Act

As your service provider, InterServer follows “Safe Harbor” provisions. This legal protection allows us to host your data without being held liable for what you post. However, to keep this protection, we are required by law to respond to valid complaints.

Note: If complaints are ignored, the legal liability moves from the user to InterServer. To protect our network and maintain our “Safe Harbor” status, we may be forced to suspend services for sites that do not comply with DMCA procedures.

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Streaming and Broadcasted Content

A common issue arises when users host “mini-YouTube” style sites or video portals. If you are broadcasting copyrighted TV shows, movies, or live sports events, the legal stakes are much higher.

Broadcast rights for professional sports and major network television are incredibly expensive and strictly regionalized. In these cases, it is reasonably assumed that a standard hosting account does not have the legal rights to broadcast this content. Because these rights are so exclusive, hosting this type of material without an explicit, verifiable license will almost always result in an immediate takedown or account suspension.

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How to Handle the Claim

1. Is the content yours?

If you created the content yourself, the situation is usually simple. You can provide proof of original creation or registration to resolve the claim. If you have a license to use the content (like a receipt from a stock photo site), you should provide that immediately.

2. Is the claim false?

If you believe the claim is “frivolous” or incorrect (for example, the person claiming ownership doesn’t actually own the rights), you must clearly indicate why. Be prepared to provide evidence to support your stance.

3. Understanding “Fair Use”

Sometimes, using copyrighted material is legal under Fair Use. This typically applies to non-commercial uses like news reporting, teaching, or parody. However, Fair Use is a complex legal defense, not a guaranteed “get out of jail free” card. Just because a site is non-commercial does not automatically mean you can use someone else’s work.

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When a DMCA Complaint is Invalid

Not every notice we receive is legally “perfect.” A valid DMCA notice must include:

• A physical or electronic signature of the owner.
• Identification of the copyrighted work being infringed.
• Identification of the material that needs to be removed (URL).
• Contact information for the complaining party.
• A statement of “good faith belief” that the use is unauthorized.

If these elements are missing, the complaint may be considered invalid.

Why Your Site Might Be Taken Down

If InterServer reaches out to you regarding a DMCA complaint and there is no response, we may be required to disable access to the specific content or the entire website. This isn’t because we want to take you offline—it’s because we must comply with federal law to prevent legal action against our infrastructure.

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The Bottom Line

At the end of the day, if you do not own the content, did not generate it, and it is not your original work, the safest move is usually to take the content down right away. Using someone else’s property without a license puts your website and your account at risk. If you are in doubt, removing the material is the best way to keep your account in good standing.