DMCA and Copyright Takedown

dmca

Wayback Press restores websites from public web archives, so we take one question seriously: whose content is it? Our clients warrant that they own, or have the right to use, any content they ask us to restore; that is in our Terms. If you believe a site we restored or host uses your work without permission, this page tells you how to send a notice we can act on.

Where to send a notice

Legal, Wayback Press — [email protected]. A postal address is available on request.

No designated agent is currently registered with the U.S. Copyright Office; send notices to the contact above.

For anything that is not a copyright notice, use Contact.

What a notice must contain

Under the U.S. Copyright Act, 17 U.S.C. §512(c)(3), a notification of claimed infringement must be a written communication that includes substantially the following (source: copyright.gov, Title 17, Chapter 5):

  1. A physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if several works at one site are covered by a single notice, a representative list of those works.
  3. Identification of the material claimed to be infringing that is to be removed or disabled, with information reasonably sufficient for us to locate it (for example, the exact URLs).
  4. Information reasonably sufficient for us to contact you, such as an address, telephone number and, if available, an email address.
  5. A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.

A notice missing these elements may not be something we can act on. Sending a knowingly false notice can carry legal liability; if you are unsure whether a use infringes, consider getting legal advice first.

What happens next

When we receive a complete notice, we review it and, where the material is on a site we control, remove or disable access to it and tell the client who ordered the restore. Where the material is on a site we delivered but do not host, we pass the notice to the client, who controls that site. Response time: 2 business days.

Counter-notification

If your material was removed and you believe that was a mistake or misidentification, you can send a counter-notification. Under 17 U.S.C. §512(g)(3) it must include (source):

  1. Your physical or electronic signature.
  2. Identification of the material that was removed or disabled, and where it appeared before removal.
  3. A statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification.
  4. Your name, address and telephone number; a statement that you consent to the jurisdiction of the Federal District Court for the judicial district of your address (or, if your address is outside the United States, any judicial district in which the service provider may be found); and that you will accept service of process from the person who sent the original notice or their agent.

Send it to the same DMCA contact above.

Archives and ownership

A page being saved in a public web archive does not make it free to reuse. Wayback Press is not affiliated with the Internet Archive or the Wayback Machine; requests about what the archive itself holds go to the Internet Archive, not to us.

This page summarises the statute and is not legal advice.