TAKEDOWN NOTICE
DEFINITION
A takedown notice is a formal request to a platform or host asking it to remove content that allegedly infringes the sender's rights, typically triggering a legal process that shields the platform from liability if it complies.
WHAT IT MEANS IN PRACTICE
In the US, takedown notices operate under the DMCA's notice-and-takedown system, which gives platforms a safe harbour from copyright liability if they act promptly on valid notices and follow the statute's counter-notice procedure.
In the EU, the Digital Services Act now governs much of the same ground for online platforms generally, setting out notice-and-action obligations that apply more broadly than just copyright, covering illegal content of many kinds, alongside the older InfoSoc and DSM copyright frameworks.
The two systems are not identical: DMCA notices are narrowly copyright-focused with a specific statutory counter-notice mechanism, while the DSA's notice-and-action rules are broader and procedurally different, which matters when a maker's content is removed on a European platform versus a US one.
AN EXAMPLE
Elena finds her illustration reposted without credit on a US-hosted platform and files a DMCA takedown notice, which the platform must act on to keep its safe harbour. If the same platform were EU-regulated under the DSA, the removal process and available redress would follow a different, broader framework.
WATCH OUT
Filing a false or bad-faith takedown notice under the DMCA can expose the sender to liability for damages caused by the wrongful removal.
LAST REVIEWED