Content Removal Policies Guide To Submitting A DMCA Takedown Notice (GitHub)
The GitHub Guide to Submitting a DMCA Takedown Notice explains how copyright owners can file valid DMCA complaints on GitHub, outlining the required statements, identification of works, and risks involved. It is part of GitHub’s official policy library, ensuring reliability and consistency with U.S. copyright law.
Guide to Submitting a DMCA Takedown Notice
This guide describes the information that [company name] needs in order to process a DMCA takedown request. If you have more general questions about what the DMCA is or how [company name]processes DMCA takedown requests, please review our DMCA Takedown Policy [link to dmca takedown policy].
Due to the type of content [company name] hosts (mostly software code) and the way that content is managed, we need complaints to be as specific as possible. These guidelines are designed to make the processing of alleged infringement notices as straightforward as possible. Our form of notice set forth below is consistent with the form suggested by the DMCA statute, which can be found at the U.S. Copyright Office's official website: https://www.copyright.gov.
As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. This guide isn't legal advice and shouldn't be taken as such.
Before You Start
Tell the Truth. The DMCA requires that you swear to the facts in your copyright complaint under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration. (See U.S. Code, Title 18, Section 1621.) Submitting false information could also result in civil liability — that is, you could get sued for money damages. The DMCA itself provides for damages against any person who knowingly materially misrepresents that material or activity is infringing.
Investigate. Millions of users and organizations pour their hearts and souls into the projects they create and contribute to on [company name]. Filing a DMCA complaint against such a project is a serious legal allegation that carries real consequences for real people. Because of that, we ask that you conduct a thorough investigation and consult with an attorney before submitting a takedown to make sure that the use isn't actually permissible.
Ask Nicely First. A great first step before sending us a takedown notice is to try contacting the user directly. They may have listed contact information on their public profile page or in the repository's README, or you could get in touch by opening an issue or pull request on the repository. This is not strictly required, but it is classy.
Send In The Correct Request. We can only accept DMCA takedown notices for works that are protected by copyright, and that identify a specific copyrightable work. If you have a complaint about trademark abuse, please see our trademark policy. If you wish to remove sensitive data such as passwords, please see our policy on sensitive data. If you are dealing with defamation or other abusive behavior, please see our Community Guidelines.
Code Is Different From Other Creative Content. [company name] is built for collaboration on software code. This makes identifying a valid copyright infringement more complicated than it might otherwise be for, say, photos, music, or videos.
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About this template
What is this template?
This is a procedural guide and checklist for drafting a valid DMCA takedown notice. It is not the notice itself, but a set of instructions that details the platform's specific requirements for handling software-related copyright claims. It specifically addresses how to handle forked code repositories and anti-circumvention technology claims.
When should you use it?
Use this guide when you need to draft a formal takedown request for a software hosting platform like GitHub. If you are responding to a notice instead of sending one, use a DMCA Counter-Notice template.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Before You Start | Before You Start | Advises the complainant that DMCA complaints are made under penalty of perjury as defined by U.S. Code, Title 18, Section 1621. |
| 2 | Identify the copyrighted work | Requires the claimant to provide a link, description, or Copyright Office registration number for the original work being infringed. |
| 3 | Identify the infringing material | Obliges the complainant to provide URLs and specific line numbers if they allege only part of a repository is infringing. |
| 3.1 | Forks and Networks | Explains that the platform may disable entire networks of over 100 repositories if a representative number are found to be infringing. |
| 7 & 8 | Mandatory Statements | Mandates specific verbatim language regarding good faith belief and consideration of fair use before a notice is processed. |
| Complaints about Anti-Circumvention Technology | Anti-Circumvention Technology | Sets out additional requirements for reports regarding the circumvention of technological measures under the Copyright Act. |
Who it's for
- a copyright owner seeking to remove infringing software code from a hosting platform
- an agent authorized to act on behalf of an exclusive right holder for digital content
- a legal professional preparing a formal DMCA notice for a client
- a company managing copyright claims within software repository networks and forks
Law it's drafted under
United States note
This version is drafted for US law generally. Contract, employment and consumer rules vary by state — for example on non-competes and at-will employment. Tell GitLaw which state applies and it adjusts the draft.
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