In today’s fast-paced digital world—where a post can go viral in seconds—protecting your content has become more important than ever. With the rise of AI, content creators, and influencers flooding platforms like Instagram, YouTube, and blogs, stories of stolen content are becoming increasingly common. You may have seen influencers putting up stories, asking followers to report pages that repost their work without permission.
If you’ve ever been in that situation, you know how frustrating, helpless, and even violated it can feel. Having a blog since I was a 9th grader, it was certainly one of the biggest fears that somebody might rob my work and name it there’s. I had a good time thinking about probable solutions to implement, including getting my poetries copyrighted by some digitial agency; only to later realise that such content is already covered under copyright. It was about credit yes, but also respect for your time, creativity, and effort.
I didn’t know better but now that I do, let’s address the elephant in the room: what can you do? How do you protect your content? Where do you report it? And most importantly: Will anyone even listen?
Let’s talk about the Digital Millennium Copyright Act (DMCA)—a powerful tool that might just be your best ally.
What is the DMCA?
The DMCA, or Digital Millennium Copyright Act, is a U.S. law passed in 1998 that gives creators a way to quickly remove copyright-infringing content from the internet—without needing to go through a full-blown legal battle.
Even though it’s a U.S. law, platforms like Instagram, YouTube, Facebook, WordPress, and major hosting providers worldwide follow DMCA protocols because they operate globally. So yes, even if you’re in India or anywhere else, you can still use the DMCA if your content is misused on a platform that complies with it. What matters is where the content is hosted, not where the copyright owner lives. Good news: most major platforms (even international ones) honour DMCA requests, even if they aren’t legally required to.
Interestingly, Indian courts have also echoed some of these protective measures. For instance, in Dept. of Electronics & IT vs Star India Pvt Ltd (2016), the Delhi High Court allowed blanket blocking of websites, not just specific URLs, to prevent piracy—something that aligns well with the DMCA’s broad takedown power. Similarly, in Kent Systems Ltd & Ors. v. Amit Kotak (2017), the court clarified that once notified, intermediaries like hosting platforms must act, reinforcing the idea of shared responsibility online.
What Does DMCA Cover?
The DMCA applies to most types of digital content, including:
- Text (blog posts, articles, eBooks, PDFs)
- Images (photos, illustrations, infographics)
- Videos (YouTube content, tutorials, reels)
- Audio and music files
- Software and code
It’s a straightforward takedown mechanism, allowing you to request the removal of stolen content from websites, search engines, or hosting servers.
Step-by-Step: What To Do If Your Content Is Stolen
1. Stay Calm and Gather Proof
Before rushing to react, take a moment. You’ll need:
- Screenshots of the stolen content
- URLs of both your original and the infringing post
- Dates showing when you published your content and when you found the infringement
This proof will be crucial if you end up filing a takedown request.
2. Look for Clear Signs of Infringement
Direct copying of text, images, or media without permission
Minor edits that don’t qualify as fair use under Section 52 of the Indian Copyright Act 1957
Removal of watermarks or attribution
Try Reaching Out First
You can politely message the infringing user or site, explaining:
- Who you are
- That you own the content
- A link to your original work
- A link to the copied version
- A deadline (like 7 days) to remove it
- That you want to resolve the issue amicably
Sometimes, this is enough. If not, move on to filing a DMCA takedown notice.
How To File a DMCA Takedown Notice
Step 1: Identify the Hosting Provider
Use tools like WhoIsHosting or HostingChecker to find where the website is hosted. If the site is behind Cloudflare, you can still submit your complaint through Cloudflare’s abuse form, and they’ll forward it.
Step 2: Draft Your Takedown Notice
There are a few basics to keep in mind while prepping your takedown notice. This includes your key information, which can be utilised if the recipient wants to contact you. Include the following:
- Your full name and contact information
- The link to your original content
- The link to the infringing content
- A Statement of Good Faith that you did not authorise this usage
- A Statement of Accuracy that confirms your claim is truthful under penalty of perjury
Step 3: Submit to the Platform
Once you’re done with all of this, it’s time to submit your complaint. Most major hosting providers and platforms have dedicated forms or email addresses specifically for this type of complaint.
- Cloudflare: Abuse Report Form
- Google Cloud Platform: Google Legal Troubleshooter
- DigitalOcean: Abuse Contact Form
- Linode: Contact Page
- Vultr: Abuse Contact
Step 4: Follow Up
Once you have submitted the complaint, wait for 3-5 business days, and if you do not receive any response, follow up. This also includes regularly checking to see if the infringing content has been removed. If the hosting provider doesn’t respond or takes too long, follow up with them or submit a complaint to search engines to have the content removed from search results.
Most takedown requests are resolved in 3–7 business days, though some platforms may take up to 30 days, especially in cases involving e-commerce. Follow up if you don’t receive a response. Even Indian courts have recognized that platforms can and should act when properly notified. In the recent X Corp v. Union of India (2023) case, the Karnataka High Court observed that entire user accounts may be blocked under Section 69a of the IT Act, similar in impact to DMCA’s wide takedown capabilities when there’s a clear violation.
Note: Keep all communications and records safely stored for future reference.
It’s also worth noting that in India, even if DMCA doesn’t directly apply, creators are not left unprotected. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, framed under the IT Act, 2000, require digital platforms (intermediaries) to act on content takedown requests within 36 hours once they receive a complaint backed by appropriate evidence.
You can also rely on the Indian Copyright Act, 1957, which grants you exclusive rights to your original work, whether it’s a photo, article, video, or design. If infringed, you’re entitled to seek civil remedies like injunctions and damages, and even criminal penalties in serious cases.
So even if you’re not using the DMCA route, Indian law offers strong protections—especially when combined with proper documentation and prompt reporting.
What If You Receive a DMCA Notice?
If you’ve been accused of infringement, don’t panic. You have three options:
Option A: Remove the Content
If you agree that it infringes someone else’s copyright, take it down.
Option B: Modify It
You can tweak the content to comply with copyright rules, like giving attribution or using less of the original.
Option C: File a Counter-Notice
If the takedown is mistaken or you believe you own the rights, submit a counter-notice.
This must include:
- Your contact details
- What was taken down and where was it
- A statement of good faith belief that it was a mistake
- Your consent to jurisdiction
- Your electronic or physical signature
Once filed, the original complainant has 10 business days to take legal action. If they don’t, your content may be restored.
In the landmark U.S. case Lenz v. Universal Music Corp. (2015), the court ruled that copyright holders must consider fair use before sending a takedown notice. This is crucial for creators using content for commentary, education, parody, or criticism.
It’s safest to wait the entire period before reinstating content, even if the takedown notice is false. However, you can still request your provider to do so depending on the details of your situation.
DMCA is not just a law, it’s a tool for creators. In a world where content spreads like wildfire, understanding your rights is more than a legal luxury, it’s a digital necessity. Whether you’re an influencer, a blogger, a designer, or a developer, don’t let content theft slide. Start small: Learn. Document. Act. And if it ever happens to you again, remember—you’re not powerless. You’re protected.
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An amazing blogpost on this subject can also be found here, by WPMU DEV.
Credits for featured Image: clicked by aag_photos, found on openverse.