How Can You File a Copyright Complaint on Twitter?

The DMCA or Digital Millennium Copyright Act plays an essential role concerning Copyright Complaints on Twitter. The copyright complaints that are filed under the DMCA are analysed by Twitter. Section 512 of this Act acknowledges two vital factors; firstly, it provides the legal requirements required for filing a Copyright violation complaint. Secondly, it also furnishes how an affected party can correctly appeal for the complaint removal. This appeal can be made for removal or expulsion by submitting a counter-notice. Twitter takes action against alleged Copyright Infringements. Such Copyright Infringements could be illegal usage of a copyrighted work. In this write-up, we are going to discuss about the process to file a Copyright complaint on Twitter.

Important Points to Remember Before Filing a Copyright Complaint on Twitter

It is necessary to check if such a usage comes under fair use before filing a Copyright complaint on Twitter. After the facet of fair use is taken into consideration by the complainant, if they want to continue with the Copyright Infringement complaint, the following should be done:

1. Contact to the User Directly: First contact to the user. Check if the case can be resolved with the user himself or not. This can be done by simply messaging the user. The affected party can ask the user to remove the copyrighted content from their Twitter account.
2. The Complainant Should Know About 17 U.S Code Section 512: If the case is not solved by approaching the user directly, the complainant will have to move forward to the second step. The second step is the filing of a formal complaint with Twitter. However, before filing, the complainant needs to inform himself regarding 17 U.S. Code Section 512. During this, the complainant disobediently misrepresents the violation of copyrighted work; they shall be accountable to pay damages. The damages shall comprise the fees and costs of attorney allowed by Twitter or its use. This occurs when the complainant deliberately misrepresents that the material posted on Twitter is violating their Copyright.
3. Consult an Attorney: The complainant is unsure whether the material he or she is reporting is being violated, then the complainant should preferably contact an attorney. This would make things easier for the complainant.

What is the Vital Information Required to Process a Copyright Complaint on Twitter?

You can check all the vital information required to process a Copyright complaint on Twitter below:

1. Copyright Owner’s Signature: To process a Copyright complaint on Twitter, either a physical signature or digital signature of the Copyright owner is required. Even a person acting on behalf of the owner can also submit their signature (in digital or physical form).
2. The Copyrighted Work Should be Recognised: The copyrighted work that is claimed to be violated needs to be recognised. The owner of Copyright should attach a link to their actual work. The owner of Copyright can also provide a clear depiction of the work that he or she claims to be violated.
3. The Violating Work Should be Recognised: The violated work should be recognised. Moreover, the Copyright owner should give sensible information or details regarding the infringed work so that Twitter would be able to place such a piece of information on its platform.
4. Copyright Owner’s Contact Details: The contact details should comprise the address, phone number and e-mail address of the Copyright owner.
5. No Authorisation by the Owner: The complainant must comprise a statement that the use of the copyrighted work was not consented by them or by their agent, or even by the law.
6. The Genuineness of the Information: The complainant should also state that the information provided by them in the complaint is correct & precise. In the event of a penalty for mendacity, the person should be able to prove that they have been consented by the Copyright owner to act on his or her behalf.
7. If the Tweeted Content is being Reported: In such a case, the complainant should provide a link to the tweet. He or she should also identify if the violation lies in the body or the header of the tweet.

Filing of the Copyright Complaint on Twitter

To report the Copyright Infringement, one can take help from the Help Center of Twitter and file a Copyright complaint on Twitter. If the complainant is formerly logged into the account of Twitter, the Twitter Help Center can be directly acceded by clicking on the “Help” button. This button is located in the sidebar of the app.

Filing a DMCA Complaint: Filing a complaint of Copyright Infringement via DMCA^[1] is the starting stage of the legal process. Such a Complaint will be examined for accurateness, completeness, and authenticity. If the complaint satisfies all such necessities, Twitter will take some suitable action. This action shall contain forwarding the notice copy. The same shall be sent to the user who posted the alleged copyrighted work or any material in question. If the complainant is concerned about their contact details being forwarded to the accused party, they may use an agent for filing a Copyright complaint on Twitter. By doing this, the contact details of an agent shall be given to the accused party.

Processing of Copyright Claims

The Copyright claims are prepared by Twitter in which they have been received. Once a ticket is submitted or provided by the complainant, he or she will get an e-mail confirming the acknowledgement of the ticket. In the event the complainant doesn’t get the e-mail, he or she will be required to re-submit the ticket as the same wouldn’t have been received by Twitter. However, it should also be memorised that if a copy of the Copyright complaint is submitted, it can lead to a delay in processing.

Once Twitter decides to disable or remove the material, the same will be notified to the user. The affected user shall be provided with a complaint copy pertaining to Copyright Infringement. This infringement copy shall also comprise instructions for the counter-notice filing. Moreover, Twitter will also forward a complaint copy to Lumen.

Basically, Lumen is a database that examines & receives statutory complaints and requests for the removal of online materials. Moreover, it also aids the citizens to understand their rights online. But, while forwarding the complaint to Lumen, the personal details of the complainant shall be removed from the copy.

What happens after filing a Copyright complaint on Twitter?

Once the Copyright complaint on Twitter has been appropriately filed and officially acknowledged by Twitter, it is either removed, or there are limitations placed on the access of such information. When such removal happens, or limitations are imposed on accessing the information, the following things happen:

• Twitter shall, in good trust, make efforts to get in touch with the affected account owner.
• Twitter shall send the user a complaint copy.
• Further, Twitter shall also give the affected user with instructions for the filing of a counter-notice if the affected user aims to do that.

Conclusion

As we discussed above, the reported user get a complaint copy that describes how there was a Copyright violation. Moreover, if the complainant aims to not make their personal details available to the report, they may consult an agent. The agent or expert here shall be required to file a complaint under the DMCA. While filing a Copyright complaint on Twitter, the agent shall also have to give appropriate information & tell that he or she is signifying the complainant.

Read our article:Law on the Facilitation of Online Copyright Infringement – An Overview