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DMCA Removal from Google Search. Prosecution and Defense Sides

DMCA Removal from Google Search

Quite recently we received a notice of DMCA removal from Google Search. It was strange because we use only our own copies, products, images, graphics, etc. And we have never faced this before. Though, it ended up as an important experience that we want to share with you. It may save you some time and stress. So, what is DMCA? And how to handle DMCA removal from Google Search? Let’s sort it out.

What is DMCA?

In order to better understand the process let’s quickly outline what DMCA is.

DMCA (Digital Millennium Copyright Act) is a copyright law that criminalizes unauthorized copying and distribution of services, technology, copyrighted works and increases the penalties for copyright infringement over the Internet.

This law has been active since 1998 and it is now considered one of the most important acts for protecting copyrights and intellectual property.

What is a DMCA notice?

DMCA notice (or dmca notice of copyright infringement) is a legal compliant notice sent to a service provider requesting to take down the content that violates someone’s copyrights.

The notice can be sent to Google (to remove it from the search results), web hosting (to delete from the server), online operator (like Amazon or Shopify – to erase it from the platform), etc.

In this post we will talk about Notice of DMCA removal from Google Search.

Here is the real example of such notice we got from Google in January 2021.

DMCA Notice

In this particular case, Envato filed DMCA against us by mistake.

In short, we wrote an article ThemeREX’s Nulled WordPress Themes. In this post, we explain what a nulled theme is and provide several examples of OUR nulled themes for testing and education purposes.

Even though premium versions of these themes are sold on ThemeForest, as the only owner of these products ThemeREX has all the rights to do that. But apparently due to some inattentiveness Envato still filed a DMCA to Google. And Google immediately removed the page from the organic search. Just take a look at the diagram in our Search Console panel.

Search Console panel

So, obviously, we had to do something about this penalty from Google.

Note! If you receive a notice of DMCA removal from Google Search make sure to check it attentively before taking any further actions. Sometimes you violate someone’s copyrights and don’t even know about it. And if you find that out, make sure to remove that material from your site as soon as possible.

Google DMCA removal. Step-by-Step Recovering

So, if you received this notice, don’t panic. If you feel that it was done by mistake just follow these steps to recover your page in Google Search.

  • Step 1. Check the case. The initial notice usually comes with the link to your case.
DMCA removal

Go ahead and click on it and carefully check what exactly they are concerned about and what they want from you. This will help you understand better the nature of the issue and will give you an idea of how you would justify yourself.

  • Step 2. File a DMCA counter-notification to Google. The initial notice will contain the link to the counter-notice service as well.
DMCA counter notification to Google

So, just click the link in the email. It will take you to a counter DMCA service.

DMCA counter

Next, fill in the required data: URL of the penalized page, the reason that gives you the right to request reinstatement, and a detailed description with all the details, facts, etc. Write everything that may help you, but keep it short.

DMCA counter-notification template

To make your life easier here is the DMCA counter notification template.

I’m the owner of the content on the page. / I’m authorized to use and publish the content on the page.

Here is the link to the license / certificate / docs / agreement: example.com

The DMCA claim should not be accepted and the page has to be reinstated as soon as possible.

Edit the template according to your case. Feel free to add more arguments that can help you win this dispute.

In our case with Envato, we provided the products’ documentation links and the marketplace agreement.

  • Step 3. Sign a Sworn Statement

Then you will be headed to a sworn statement page. 

sworn statement

You need to just check all the checkboxes and type in your full name.

Then just click the Submit button.

  • Step 4. Wait for 10 business days.

Once your DMCA counter-notification has been filed you will receive the confirmation email.

DMCA counter notification

There is a chance that an agent from the Removals Team may contact you to confirm some details. So, be ready to answer rapidly.

Be patient and keep in mind that 10 business days means at least 2 weeks (if there are no holidays during this time).

  • Step 5. Resolution and results confirmation.

In 10 business days, you will receive a resolution. If the case was resolved in your favor or the complainant didn’t take any further legal action within 2 weeks you will receive the URL reinstatement notice.

Resolution and results confirmation

This means that your page will be returned to Google search results nearly at the same positions where it was before the DMCA.

You can check this by simply going to Google search and find your page there. And also by checking your GCS (Google Search Console)

GCS (Google Search Console)

and Google Analytics.

Google Analytics

How to File a Google DMCA Takedown Request?

But what to do if you are the one whose copyrights were violated? In this case, you can file a Google DMCA Takedown request.

  • Here is the link where you can start.
  • When you click the link you will see the window where you can choose the place you want the material to be removed from.
removing content form google
  • If you choose Google Search for example, on the next step you can choose the reason for the removal request. Also you can edit your previous picks.
removing content form google
  • If you go with the intellectual property issue you then can choose what exactly was violated.
intellectual property
  • And then on the final stage you can create a request.
create a request

Usually, the process of filing the complaint takes no longer than 5-10 minutes.

When you filed a DMCA removal request you can track the progress in the DMCA dashboard.

copyright

Transparency Report

The good thing about Google’s DMCA process is that it is super transparent. If you go to their Transparency Report you will be able to check all the stats including reported domains, pages, copyright owners, reporting organizations.

You will be able to check each and every active case in the world. If you’ve never seen this before I bet you will be surprised about the number of cases worldwide.

For example, there is a copyright protection organization called Rivendell (they are not elves, unfortunately). They report up to 7 mln URLs every day.

And their performance is extremely impressive. About 70% of all cases end up removing the content from Google Search.

Google Search

There is another company called BPI Ltd that protects British musicians from the violation of their copyright. They report up to 3 mln URLs, but their performance is mindblowing. They have 96.5% win cases.

Google Search

Wrap Up

So, as we can see DMCA removal from Google Search is a powerful and useful tool for protecting your business and your copyrights.

Though, sometimes it can be used inattentively and may hurt other businesses if DMCA was filed by mistake. But luckily there is a counter DMCA tool, which helps to restore justice.

Therefore this process is relatively clear, fair, and transparent.

Have you ever faced a DMCA process? What was your experience? Please share in the comments below.

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1 Comment

  • Leo Welsh
    Posted Mar 16, 2021 at 2:15 pm

    Thanks a lot, I think I got into the same trouble on my blog, recently and was afraid that I have no options. Will try to fight with them.

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