What Is a Takedown Notice?

Takedown notices are a general category that includes DMCA copyright notices, defamation notices, and NCII removal notices under Section 223a. The legal strength of a takedown notice depends entirely on what legal framework underpins it. A DMCA notice creates a safe harbor incentive for platforms to act. A Section 223a notice creates a mandatory legal obligation with penalties for non-compliance. For NCII removal, Section 223a notices are always preferred. ScanErase prepares, sends, and tracks Section 223a notices to all relevant platforms and maintains documentation in your Evidence Locker.

Key facts about this term

1. The legal basis determines the notice's strength A DMCA notice relies on copyright law with no mandatory timeline. A Section 223a notice relies on NCII law with a mandatory 48-hour deadline and civil and criminal penalties for non-compliance.
2. Notices must be sent to the correct contact Each platform designates a specific contact or mechanism for legal notices. Sending to the wrong contact can delay processing. ScanErase maintains current contact information for 200+ platforms.
3. Documentation matters for follow-up Keep copies of all sent notices and platform responses. This documentation is essential if you need to escalate to litigation or report platform non-compliance to regulators.