Copyright in a photograph belongs to the person who took it. If you took the photo yourself, you own the copyright. If someone else took it, even if it depicts you, they typically own the copyright. This is why DMCA takedown notices fail for most intimate image situations: you cannot file a copyright claim for a photo you do not own. The TAKE IT DOWN Act solves this by creating a removal right based on your identity and non-consent, without requiring copyright ownership. ScanErase uses the TAKE IT DOWN Act framework.

How ScanErase addresses this

  1. Determine the appropriate legal framework If you own the copyright (you took the photo yourself), you may use DMCA procedures. If someone else took the photo, the TAKE IT DOWN Act is the correct tool.
  2. Scan for all hosting locations Biometric scan finds all instances regardless of copyright status.
  3. Send TAKE IT DOWN Act notices ScanErase sends 223a notices requiring removal based on your identity and non-consent.
  4. Document for follow-up Your Evidence Locker supports any additional copyright or civil claims.

Frequently asked questions

Can I use both DMCA and the TAKE IT DOWN Act for the same image?

If you own the copyright, yes. Both can be filed simultaneously for the same image on the same platform. The TAKE IT DOWN Act notice typically has a faster and more certain outcome.

What if the person who took the photo claims they own the copyright?

They may own the copyright to the photograph, but you hold a separate right under the TAKE IT DOWN Act to demand removal based on your identity and non-consent to distribution on that platform. Copyright ownership does not override your TAKE IT DOWN Act rights.

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