Hiring the Wrong DMCA Company Could End Your Career – Here’s Why

Content creators across the internet frequently encounter unauthorized use of their work. This issue, exacerbated by platforms known as "OnlyFans leak sites," represents an ongoing struggle for creators trying to protect their intellectual property. In response, many turn to the Digital Millennium Copyright Act (DMCA), a U.S. law enacted in 1998 to help copyright holders address digital piracy.

The DMCA establishes a clear procedure called the "notice and takedown" system. Copyright holders submit a takedown notice to online service providers (OSPs), detailing the infringing content. Upon verifying the claim, the OSP must remove the infringing material. The alleged infringer may subsequently issue a counter-notice to dispute the claim, citing fair use or ownership rights.

Risks of Selecting the Wrong DMCA Service

Due to the complexity and effort involved, content creators often employ third-party companies specializing in DMCA takedown notices. However, the selection of a DMCA service requires caution. Many services utilize automated tools that indiscriminately target content, potentially resulting in erroneous claims.

For example, if an adult performer creates content for studios such as Brazzers or Naughty America, these studios retain ownership rights to that content due to model releases signed by the performer. A DMCA service mistakenly issuing a takedown notice for this professionally produced material could lead to severe legal complications. Such incidents have already resulted in several adult performers being placed on "Do Not Hire" lists by major studios due to repeated false DMCA claims made by their hired services.

Issuing a false DMCA notice carries significant legal risks When submitting a DMCA takedown request, the claimant declares under penalty of perjury that they are the rightful owner of the content. Sending a notice without legitimate ownership constitutes perjury, potentially triggering both civil and criminal penalties. Civil suits may involve claims for defamation or declaratory judgments against the issuer, while criminal charges can result in substantial fines and imprisonment of up to five years.

Moreover, platforms like Google penalize individuals submitting fraudulent claims by banning them from essential services, including Gmail and YouTube. These consequences underline the seriousness of ensuring all DMCA notices are valid and carefully vetted.

Given the potential pitfalls of using automated DMCA services, creators are encouraged to employ more reliable methods, such as hiring a virtual assistant. This approach allows manual verification of ownership rights before issuing takedown notices, significantly reducing the risk of false claims.

By carefully selecting the appropriate DMCA support method, content creators can effectively protect their intellectual property without inadvertently damaging their careers or facing serious legal repercussions. Understanding the nuances of DMCA procedures and the importance of accuracy is crucial in maintaining both legal compliance and professional relationships.

Before you decide on the best DMCA provider we've prepared a set of questions to ask.

Do you manually verify DMCA takedown requests before sending them?

Why it matters: Automated systems can lead to false claims, which can damage reputations and invite legal consequences.

What is your process for confirming content ownership?

Why it matters: A reliable company should require proof that you own the rights to the content being reported.

Do you keep records of all takedown notices and correspondence?

Why it matters: Detailed logs can protect you in case of disputes or legal action.

Have you ever had clients face legal issues due to false DMCA notices filed by your service?

Why it matters: Their answer can give insight into their track record and risk management.

Which platforms and websites do you monitor and target for takedowns?

Why it matters: Some companies focus only on large platforms, while others specialize in adult sites, social media, or torrent sites.

Do you offer support in case of counter-notices or legal pushback?

Why it matters: You’ll want to know if they offer any guidance if someone disputes a takedown.

What kind of clients do you typically work with?

Why it matters: A provider with experience in your specific industry (e.g., adult content, influencers, photographers) is more likely to understand the nuances.

How do you avoid issuing takedowns for content you don’t own (e.g., scenes shot for studios)?

Why it matters: This helps avoid the common issue of sending DMCAs for professionally produced content you don’t have the rights to.

Do you use AI or human review, or both?

Why it matters: Purely AI-based solutions can be risky. Human review adds accuracy.

What are your pricing options, and do they scale with the number of takedowns?

Why it matters: Some companies charge per notice, while others offer flat-rate plans or monthly subscriptions.

And remember, it's your name these DMCA companies are acting on behalf, so think twice before you hire a DMCA company that could land you in hot water.