The six required elements, in the statute's words
| § 512(c)(3)(A) | What the statute says |
|---|---|
| (i) Signature | "A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." |
| (ii) The work | "Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site." |
| (iii) The material | "Identification of the material that is claimed to be infringing … and information reasonably sufficient to permit the service provider to locate the material." |
| (iv) Contact details | "Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address." |
| (v) Good faith | "A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law." |
| (vi) Accuracy and authority | "A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." |
Source: 17 U.S.C. § 512(c)(3). The penalty of perjury attaches to the sender's authority, not to the infringement claim; the good-faith statement covers that.
What each element means, and what a defective one looks like
| Element | In practice | Defective version |
|---|---|---|
| Signature | By the owner or someone they authorised. Electronic is fine. | Unsigned, or by someone with no stated link to the owner. |
| The work | A title, link to the original or registration number. Several works on one site can share a representative list. | "Our content", "our brand's images", or a work unrelated to the page named. |
| The material | Exact URLs, so the provider can find it without investigating. | A homepage, bare domain, "the whole site", or URLs that don't resolve or lack the work. |
| Contact details | Address, telephone and, if available, email. | Only an anonymous webmail address, or no way to reply. |
| Good faith | The use isn't licensed or allowed by law, so fair use has been considered. | Missing, or replaced by a demand for payment. |
| Accuracy and authority | Accurate, and the sender is authorised, under penalty of perjury. | No perjury language, or a sender who plainly doesn't represent the owner. |
Two requirements outside the list
- It must be written. A phone call isn't a notice; email and web forms are written.
- It must reach the designated agent. The statute says "provided to the designated agent of a service provider", so a sales inbox or support chat may never count. Providers publish their agent and the US Copyright Office keeps a directory: see how to find a website's host and DMCA agent.
Formatting, subject line, and form versus email are the recipient's preference, not statute.
Notices to search engines
For search engines and other "information location tools" (§ 512(d)), element (iii) becomes "the reference or link" to remove, with enough information to locate it. So a Google Search request lists URLs to delist, not files to delete. Google's Transparency Report FAQ says it processes notices for any URL, even ones not in its index.
What "substantially complies" means
"Substantially" appears twice in § 512(c)(3) and decides whether a flawed notice still counts. The statute doesn't define it; § 512(c)(3)(B) sets the effect:
- A notice that doesn't substantially comply doesn't count against the provider. Under (B)(i) it isn't considered in deciding whether the provider knew, or should have known, of the infringement, so ignoring it doesn't risk the safe harbour.
- Near-misses are the exception. Under (B)(ii), if it substantially complies with (ii), (iii) and (iv) (work, material, contact details) but falls short elsewhere, the provider only gets (B)(i)'s benefit if it "promptly attempts to contact the person making the notification or takes other reasonable steps" to get a complete notice.
In practice, the work, the material and the contact details carry the weight. Missing the perjury statement should prompt the provider to go back to the sender; missing URLs or any way to reply lets it set the notice aside. Small slips, like an address typo, don't usually sink an otherwise complete notice. Where the line falls in a contested case is for the courts.
Checklist: is the notice you received valid?
For a notice forwarded by your host or platform, or one that reaches your agent. It tests the notice against the statute, not whether the claim is right. First, is it real? It should come from or through the provider and not ask you to pay, log in or open an attachment. If it does, read how to spot a fake notice.
Then test the claim against the facts. If you own it, hold a licence, it's public domain or the use is arguably fair, you have options:
- Defective notice: say so in writing to whoever forwarded it.
- Complete but wrong: ask for a retraction, appeal on the platform or send a counter-notice.
- Looks deliberate: start by building an evidence trail.
If the URLs are also out of Google Search, a DMCA check on the domain shows every request naming it and who filed.
Checklist: before you send a DMCA notice
A fill-in version is the DMCA takedown notice template.
Platform forms add their own fields
Most large services, Google included, want their own web forms. These map onto the six elements but often add fields, such as country or category of work, and may reject a free-text email. The statute sets the minimum; each form sets what that provider will process. The counter-notice has four elements of its own under § 512(g)(3): see how a counter-notice works.
FAQs
What are the requirements for a DMCA takedown notice?
A written notice to the provider's designated agent that substantially includes a signature, the work, the infringing material and its location, contact details, a good-faith statement, and a statement of accuracy and (under penalty of perjury) authority. The list is in 17 U.S.C. § 512(c)(3)(A).
Does a DMCA notice have to be signed?
Yes, physically or electronically, by someone authorised to act for the owner of the right claimed.
Is a DMCA notice sent by email valid?
It can be: email is written, so it counts if it reaches the designated agent with the required elements. Many providers prefer their own web form and may process email more slowly or not at all.
What happens if a DMCA notice is missing an element?
If it doesn't substantially comply, it doesn't count toward the provider's knowledge of infringement. If it has the work, the material and contact details but misses something else, the provider should promptly try to get a complete notice from the sender.
Does a DMCA notice have to list every URL?
The material must be identified with information reasonably sufficient to locate it, which in practice means exact URLs. A representative list is allowed for the copyrighted works on a single site, not in place of identifying the infringing material.
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