What is notice and takedown?

Article 1195 of China’s Civil Code gives a rights holder the right to notify a network service provider to take necessary measures such as deletion, blocking or disconnecting links where a user infringes through its service; the notice must include preliminary evidence of infringement and the rights holder’s real identity. Under Article 1196, the user notified may submit a statement that there is no infringement.⁠¹

An answer the Supreme People’s Court published in May 2025 notes that a service provider that earns clicks and advertising income from content also bears a duty of care that matches what it earns; the case the answer cites extends that duty from notice and takedown to necessary preventive measures plus removal.⁠²

The notice rules of the US Digital Millennium Copyright Act are in 17 U.S.C. § 512:⁠³

• a valid notice has six elements (§ 512(c)(3)(A)): the signature of the rights holder or an authorized agent; the work infringed; the infringing material and where it is; contact details; a statement of good faith; and a statement that the information is accurate and, under penalty of perjury, that the sender is authorized to act;
• anyone who knowingly makes a material misrepresentation is liable for damages (§ 512(f));
• after a counter-notice, the platform restores the material within 10 to 14 business days unless the complainant has gone to court (§ 512(g)(2)(C)).

Platforms’ designated agents for notices are listed in the US Copyright Office’s DMCA Designated Agent Directory.⁠⁴

Canada’s Copyright Act uses notice and notice: the copyright owner sends a notice to the internet intermediary, which forwards it to the user accused.

• Section 41.25 sets out what the notice must contain, and bars it from including an offer to settle, a demand for payment or a request for personal information;⁠⁵
• section 41.26 requires the intermediary to forward the notice and keep records identifying the user for 6 months, or 1 year if proceedings begin; the section sets no duty to remove anything.⁠⁶

• Handling impersonation, infringement and online abuse: Reputation & risk