DMCA notice declined: Only copyright owner or authorized representative can file a DMCA Infringement
Did Google reject your DMCA notice saying it is unclear to them whether or not you are the authorized copyright agent for the content in question? Read how to handle this situation and get the infringing content removed from Google search.
I have been filing DMCA complaints to the blog owners and Google for various copyright infringements on my content in this blog and various other blogs. Google is pretty good in responding to DMCA notices and they usually remove the content in question within a few days. But sometimes I get this message from them:We have received your DMCA notice. It is unclear to us whether or not you are the authorized copyright agent for the content in question. Only the copyright owner or an authorized representative can file a DMCA Infringement Notice on his/her behalf. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.
If you or your client is not the copyright owner for this content, we can not process your notice. Please have the copyright owner file a DMCA notice with us. If you or your client is the copyright owner, please provide more detail explaining how this is the case.
Thank you for your understanding and cooperation.
Regards,
The Google Team
Here is a screenshot of one of those responses I received today:
Google sends this response when they are in doubt about the owner of the original content. I doubt if Google looks at the history and authority of the person who file the DMCA complaint. If that is the case, I will probably never receive this response, because I have been filing DMCA complaints last several years and no one ever filed a counter DMCA notice against my complaints. Based on my filing history, Google could conclude I am a legitimate webmaster and my complaints could be genuine. Since I receive many responses from Google saying they are not sure who is the original owner, I am assuming the reviewer of DMCA notices at Google doesn't have quick access to the history of the past complaints from the person.
More reading: Should I file DMCA complaint with Google or with the webmaster of the site which copied my content?
Let us come to the point and see how to respond to Google when you get the response that they are not sure whether or not you are the real copy right owner.How to prove to Google that you are the copyright owner or authorized representative to file DMCA
There are no definite ways to prove who is the original owner of the content published in internet. In general, Google goes by the overall reputation of the site and the language used by the person filing the notice.
If you are filing a DMCA notice written in very poor language and not in standard format, that is a good indication to Google that you may not be a good author and hence they may suspect you are not the legitimate owner of the content. That may result in rejection of the complaints.
Couple of points to remember when you file DMCA notice or when responding to email from from Google:I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Sample email to respond to Google when your DMCA otice is declined
Here is a sample letter you can send to Google, when your complaint is rejected with the reason they are not sure whether you are the authorized agent or copyright owner to file the DMCA complaint:Hello Google team,
Thank you for responding to my DMCA notice. I understand that you are looking for additional information regarding the DMCA complaint I filed.
I am the owner (webmaster/author/editor) of the blog <blog name> and the content in question (<url>) is my original and copyrighted work. Since I am the copyright owner of the content, I am authorized to file DMCA complaint on behalf of <site name>. I hereby confirm that the content published at the url <url of infringing page> violates my copyrights and I request Google to remove the same from Google's index.
I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you need any further information regarding the copyright owner, please feel free to contact me.
regards,
<Name>
<Designation>
<Email>
<Phone number>
<Postal address>
<Links to social profiles>
Once you send the response to Google in the above format, sit back and relax. You may continue looking for other copyright violations and continue to file more DMCA complaints. Within a few days, Google will respond to your email and hopefully remove the infringing content from its search index.
Here is a sample letter you can use to send DMCA complaints to other websites: Sample DMCA complaint letter
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