I manage a small website that allows user to upload user generated content. As part of our Terms of Service, I received a DMCA
takedown notice for some content a user posted on that site. Questions:
1) If I remove the content, am I required to respond to the complaint (saying I removed it, etc?)? Is it possible for you to help with boilerplate language?
2) Can I put up a notice that the information was removed due to a DMCA takedown notice? If I can locate the user who posted the content, can I forward them the complaint email? Should I not do that? The complaint has the copyright
holder and the attorney submitting the notice.
3) Is it just common practice to blindly follow these notices if the format is correct? I'm all for freedom of speech, but I prefer to opt-out of any legal battles on behalf of a user utilizing my free service.
4) If I COULD notify the user, do you know of any internet source where a template "response" is available letting the user know their options - IE, they can file a response, etc, etc? Trying to draft a response, but I'm not a lawyer. Again, any boilerplate information would be greatly appreciated.
I've disabled the content, and assuming the user doesn't file a counter, how long should I hold onto the content before erasing it? If the content is disabled form public access, does it need to be erased at all?