# What is notice and takedown?

> Notice and takedown is the rule under which a rights holder notifies a platform of infringing content and the platform acts on it. China and the US use it; Canada's copyright law uses notice and notice, which requires a notice to be forwarded, not content to be removed.

- URL: https://www.mvpdata.net/en/glossary/notice-and-takedown
- Updated: 2026-09-30
- Also known as: Notice-and-takedown, DMCA takedown, Notice and notice, 通知—删除
- 简体中文: https://www.mvpdata.net/glossary/notice-and-takedown

Notice and takedown lets a rights holder ask a platform to remove, block or disconnect infringing content without first going to court. The rules differ by jurisdiction: who may send a notice, what it must contain and how the other side can respond are each set out separately. In Chinese the rule is called 通知—删除 (tōngzhī–shānchú).

## How does notice and takedown work in China?

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]

## What must a DMCA notice contain in the US?

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]

## What is Canada's notice and notice?

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]

## Further reading

- Handling impersonation, infringement and online abuse: [Reputation & risk](https://www.mvpdata.net/en/services/protection)

## Related terms

- [What is electronic evidence preservation?](https://www.mvpdata.net/en/glossary/electronic-evidence): Electronic evidence preservation fixes digital material, by blockchain, trusted timestamp or notarization, to show that it existed at a given moment and has not changed since. It proves nothing about the time before it was fixed, so material is fixed as soon as it appears.
- [What does IP mean in Chinese marketing and entertainment?](https://www.mvpdata.net/en/glossary/ip): IP is short for intellectual property; in Chinese marketing and entertainment it also means any story, character, brand or person that can be developed across media and commercialized over time. It is unrelated to an IP (Internet Protocol) address.
- [What is a personal brand (personal IP)?](https://www.mvpdata.net/en/glossary/personal-ip): A personal brand is the recognition and trust the public attaches to a real person in a field, managed and commercialized over time. A public persona is narrower: it is only how that person is presented.

[^1]: 《中华人民共和国民法典》 (Civil Code of the People’s Republic of China), National People’s Congress. Effective 2021-01-01. https://www.court.gov.cn/zixun/xiangqing/233181.html (Checked 2026-09-30, Unofficial translation)
[^2]: 《法答网精选答问（第十九批）——人格权专题》 (Selected Answers from the Fadawang Legal Q&A Platform (19th batch): personality rights), Supreme People's Court. Published 2025-05-08. https://www.court.gov.cn/zixun/xiangqing/464401.html (Checked 2026-10-17, Unofficial translation)
[^3]: Copyright Law of the United States (Title 17), Chapter 5: Copyright Infringement and Remedies, U.S. Copyright Office, 17 U.S.C. §512. https://www.copyright.gov/title17/92chap5.html (Checked 2026-09-30)
[^4]: DMCA Designated Agent Directory, U.S. Copyright Office. https://www.copyright.gov/dmca-directory/ (Checked 2026-09-30)
[^5]: Copyright Act, section 41.25: Notice of claimed infringement, Justice Laws Website, Government of Canada, R.S.C., 1985, c. C-42, s. 41.25. https://laws-lois.justice.gc.ca/eng/acts/C-42/section-41.25.html (Checked 2026-09-30)
[^6]: Copyright Act, section 41.26: Obligations related to notice, Justice Laws Website, Government of Canada, R.S.C., 1985, c. C-42, s. 41.26. https://laws-lois.justice.gc.ca/eng/acts/c-42/section-41.26.html (Checked 2026-09-30)