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How Does a GitHub DMCA Takedown Work?

If you’re a content creator, it can be hard to understand the logic behind copyright infringement ☹️. Is it that copyright infringers hate to give credit to the copyright owner when they use content that isn’t theirs, or do they just love taking credit for what they didn’t create? Whatever the motive, if the infringement takes place on GitHub, you can use a GitHub DMCA takedown to get justice and credit for your work. 

In this article, we will discuss the GitHub DMCA takedown by laying out the basics of GitHub, the DMCA takedown, and how the whole process works. So sit back, relax, and get ready to get credit where credit is due. 

What’s a DMCA Takedown?

The Digital Millennium Copyright Act is bad news for infringers and good news for internet service providers and their entire network🙂. Lawmakers crafted the DMCA to protect content creators like you from having their content stolen.

How does it work? Simple🤩! Say you find people using your work without your permission in a blog post or on GitHub. As a user-generated content site, copyright laws protect GitHub from liability of infringement under copyright law at first. However, the DMCA provisions give you the right as a copyright owner to request that the service providers take the content off their platform. You have to do this using a GitHub DMCA takedown, expressing good faith belief that the users don’t have permission to display your work.

Failure to comply with your actual notice waives the service provider’s right to safe harbor protection from the infringement liability. This means that if you send a GitHub DMCA takedown and they ignore you, you can hold them legally accountable.

The Scoop on GitHub

You’re probably familiar with internet or online service providers. GitHub’s enterprise server is a great example. But what is GitHub, and what do they do exactly?

Get ready to get a bit technical. GitHub is a platform that specializes in providing advanced and basic internet services for software and website development as well as version control making use of Git. What’s Git? Git is the software used by any programmer or original repository owner who collaboratively develops any source code projects to track and monitor changes in files. 

Let’s not bore you details best left to technical experts. Basically, GitHub provides programmers, source developers, and software developers alike with a developer community for networking and code development projects using Git. Since GitHub’s services are tech-related, it is only fair that they show a strong commitment to putting some technological protection measures in place at the end of the business day. 

Sending a GitHub DMCA Takedown: Things to Consider

It is understandable if, as a copyright owner, you are frustrated when you find out that your copyrighted work is being used on GitHub without your permission and in violation of the fair usage doctrine. But don’t worry; that’s why the GitHub DMCA takedown exists 🙂. In this section, we’ll point out things you need to consider before filing a DMCA takedown claim or pull request with GitHub🤩.

GitHub and Open-Source Licenses

Firstly, you need to understand that code is not exactly like other creative content. It is much more complicated than regular creative content like photos, public domain videos, music videos, and writing. Therefore, there are a lot of things to be considered when analyzing a copyright infringement on GitHub.

For example, a public repository can include a bit of code from various programmers. It may be just one file or a subroutine within that file that is infringing. This makes the takedown process complex for you and the other code repository owners. 

Also, keep in mind that people can use some content with adherence to open-source licenses. This means that the users have used the content in non-infringing ways. However, keep in mind that copyright only protects expressive elements like writing, music, music videos, and photos. Therefore, functional usage of some codes and content on GitHub may not be considered as an infringement in the takedown claim review process.

Honesty Is the Best Policy

It is important to investigate and be sure you are making a valid claim under the penalty of perjury. Educators or researchers, for instance, could use copyrighted content in accordance with the fair usage doctrine for informational or educational purposes. That type of usage isn’t legally an infringement of your copyright. If you file a takedown or pull request for that, you might get a counter-notice in legal review. 

Direct Contact Before Legal Action

Lastly, if the contact information of the infringer is on their profile page or the repository owner’s readme, you can opt to contact them directly to take down the infringing content. This can help you understand if it is just a misconception or misunderstanding and can help you avoid a counter-notice. Counter – notices are not uncommon in GitHub’s DMCA takedown due to their complexity, so save yourself the headache if you can.

How to File a GitHub DMCA Takedown

It can be disturbing to find out that someone is using such content without your knowledge or permission. GitHub knows this too, hence their technical protection measures. Thankfully, GitHub has made it very easy for any copyright owner to file a DMCA takedown request with them. All you have to do is to follow their DMCA takedown notice submission guidelines, which will intimate you with the steps to take towards filing a DMCA takedown with GitHub.

It is very important to make sure your DMCA takedown notice contains all the information needed to process your takedown to avoid delay or disregard of your notice. Therefore, we recommend that you seek expert help concerning your GitHub DMCA takedown notice. For example, our affordable DMCA takedown notice template ensures you meet all the requirements at a reasonable cost.

Doing Your GitHub DMCA Takedown Right

Now that you have information on how to go about your GitHub DMCA takedown proper process, you’re good to go👍! Just go ahead and prepare your takedown notice using our template and GitHub’s guidelines as provided above. And should you need any more information from legal experts about your GitHub DMCA takedown and any legal matters that have to do with copyright laws and protecting your brand, don’t hesitate to reach out to us for a consultation. We are always here to help you protect your copyrighted work.