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DMCA Takedown: How Soon is “Expeditiously”?

Copy of takedown notice on Dana Shultz letterhead

A client’s former employee / co-founder departed to form a competing business. Violating the client’s copyrights, he posted dozens of the client’s images on his website and blog. I sent takedown notices to the website’s and the blog’s service providers (see “Terms of Use and the Digital Millennium Copyright Act [DMCA]”). I wondered how expeditiously the service providers would respond.

17 USC Section 512(c)(1)(C) provides a “safe harbor” incentive for service providers to remove, or disable access to, infringing works expeditiously. Unfortunately, “expeditiously” is not defined (see “Defining Expeditious: Uncharted Territory of the DMCA Safe Harbor Provision“).

I faxed the notices last Wednesday evening and followed up by certified mail Thursday morning. Network Solutions, the website host, responded to the infringer by e-mail, with a cc to me, Friday morning. I consider that quite expeditious. The infringer removed all of the infringing works over the weekend.

Meanwhile, as I write this early Monday evening, I have not yet heard back from Google Blogger, the blog host. I consider that quite disappointing. I’ll try to follow up in a couple of days if I do not receive anything before then. The only saving grace is that the vast majority of the infringing works were on the website, rather than the blog.

Check out all posts about DMCA takedown notices.

Dana H. Shultz, Attorney at Law  +1 510 547-0545  dana [at] danashultz [dot] com
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