How to File a DMCA Takedown for an NFT
Whether you love them, hate them, or don’t understand them, NFTs are here to stay. However, as their popularity grows, so does the risk of copyright infringement. But what should you do if someone creates an NFT that illicitly uses your copyrighted material?
One option is to file a Digital Millennium Copyright Act (DMCA) takedown request. Let’s look at the steps involved in filing a DMCA takedown request for an NFT.
Submitting a DMCA Takedown Request for an NFT
NFTs are created using blockchain technology. The decentralized nature of the blockchain is designed to protect the ownership and authenticity of the NFT. In principle, this works perfectly when protecting the ownership of an NFT, but it does add complications if an NFT contains material that infringes your copyright.
Effectively, the blockchain will always contain a record of the offending NFT’s existence. However, it is possible to get the NFT removed from the platform or marketplace that is selling it. This is where the DMCA can help.The DMCA takedown is designed to protect your copyright.
Below are the steps you will need to follow to file a DMCA takedown request.
1. Identify the Infringing NFT
The first step is to identify the NFT that contains your copyrighted material. You will need to present evidence that confirms your ownership of the material and that it has been used in the creation of an NFT.
The evidence that can be presented includes:
Gathering all the necessary evidence is essential to make the DMCA takedown request successful. It is worth taking the time to be as diligent as possible here before moving on to the next step in the process.
2. Follow the DMCA Takedown Procedure of the NFT Marketplace
Each NFT marketplace has its own procedures for DMCA takedowns. Below is the list of the most popular marketplaces with links to their DMCA takedown pages:
These are just a few of themost popular NFT marketplaces. For other marketplaces, the easiest way to find the correct procedure is to navigate to the help pages and search for DMCA takedown or similar terms.
3. Drafting Your DMCA Takedown Request
The way that you file your DMCA takedown request may vary in each marketplace. But the information you need to include in the request is fairly consistent across the board. Most DMCA requests will require you to provide the following information:
Once you have filed your DMCA and the veracity of your claim has been confirmed, the platform should remove the item from its marketplace. It is a good practice to monitor the platform after a successful DMCA takedown to ensure your work has been removed and remains unavailable.
Protecting Your Intellectual Property
It can be heartbreaking to find that others are profiting from all the time, work, and passion that you pour into your artwork. If you find an NFT that is unfairly profiting from your work, then the best course of action is to file a DMCA takedown request.
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