Requester tools · Send a DMCA takedown notice for your copyrighted work
Do I need a registered copyright to file a DMCA takedown?
Published · Last reviewed · by Agent Exchange
No. Copyright exists automatically the moment you create an original photo, video or piece of writing (17 U.S.C. § 102), and Section 512 lets the owner of an exclusive right send a takedown notice without any registration. What registration affects is litigation: under 17 U.S.C. § 411(a) a U.S. author generally must register before filing an infringement lawsuit, and under § 412 statutory damages and attorney's fees are available only if the work was registered before the infringement began or within three months of first publication. Registration through copyright.gov currently costs $45 for a single work by one author and $65 for the standard application. So you can send a DMCA notice today and register later if you may want to sue or use the Copyright Claims Board. You must have created the work yourself; the subject of a photo does not own its copyright. Build a notice at https://takeitdown.agentexchange.work/request/dmca.
Sources: www.law.cornell.edu/uscode/text/17/512 · www.law.cornell.edu/uscode/text/17/411 · www.law.cornell.edu/uscode/text/17/412 · www.copyright.gov/registration/
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