Forum Moderators: not2easy

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Fake DMCA

Sending fake DMCA notices by competitors

         

zakaria_n1

9:07 am on Jan 7, 2024 (gmt 0)



Hello, I hope you’re doing well. I have a question:
I live in Iran, a place where copyright essentially has no meaning. My work is in music, and we only play Iranian music. However, my competitors falsely report our posts, causing us significant harm. Once, they claimed copyright on over 14,000 of my posts, which is very troubling. What’s worse, Google doesn’t even check for any proof from the person who sent the DMCA notice. They just remove my post without verification. Is there a way to get Google to review the posts before removing them from its search results? If they find the copyright claim is valid, then they could remove it.

not2easy

12:48 pm on Jan 7, 2024 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



Hello zakaria_n1 aand welcome to WebmasterWorld [webmasterworld.com]

As far as I have read or experienced, Google does verify and will not remove URLs from search until the DMCA process has been verified. But some circumstances can change that situation. Are you posting your content on your own site or on a UGC platform?

For example, the requirements for DMCA removals are different for various countries and platforms. I've seen many more complaints about Google's refusal to remove content taken from its creators than removed from those who are using it. It is not an easy process to get content taken down. But if you are posting your content on sites you do not own, then you have little control over where it is shared.

To see if others can help we would need to get a better idea of how you are 'posting' it.

zakaria_n1

1:24 pm on Jan 7, 2024 (gmt 0)



Yes, I have my own website. <snip>. Like you, I thought they would check it first, but it seems they didn't. For instance, someone reported one of our songs, claiming that we copied it from a website selling iron products. Does this make sense? After all, what does music have to do with iron products?



[edited by: not2easy at 3:01 pm (utc) on Jan 7, 2024]
[edit reason] Please see TOS [webmasterworld.com] [/edit]

not2easy

3:25 pm on Jan 7, 2024 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



If you were notified about a DMCA complaint and did not respond, you should have. A response should have prevented de-indexing. Do you have a GSC account for your site? Do you have a copyright policy posted on your site?

zakaria_n1

3:58 pm on Jan 7, 2024 (gmt 0)



I have received email and have a Google Search Console (GSC) account. When the email arrived, I responded, offered a defense, and received a response. However, the problem is that the copyright claims against me are bogus. Meaning they are not from companies like Spotify or YouTube, but from unrelated websites that have nothing to do with my content. So, I want Google to check if this is true or not. Please check whether the copyright claims are legitimate and ask for proof from the claimant before taking any action to remove the content.
Is there a way to do this?

not2easy

4:12 pm on Jan 7, 2024 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



If you know who the claimant is, yes. They must have contact information on their site. If you are responding to the claim, it can help you to point to a copyright policy on your website.

Please keep in mind that the DMCA is a USA law, it is used by sites everywhere in the world, but with varying degrees of success. A lot depends on your local laws in the country where your site is hosted and copyright marked. Keep in mind too, we do not offer legal advice on this forum, we are webmasters, not lawyers.

zakaria_n1

4:44 pm on Jan 7, 2024 (gmt 0)



Yes, I know. The reality is that I understand you are not a lawyer, but inside my country (Iran), copyright has no legal effect, and no one is accountable. If I want to consult with a lawyer from abroad, it incurs significant costs, and there is no guarantee of a response. I am currently living in Iran and wanted to ask you if I can take action myself or not?
&#8203;

not2easy

5:06 pm on Jan 7, 2024 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



Others will be around that might have more/better experience than I. My suggestion to see if there is more you can do is to read the DMCA info at wikipedia: https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act