If someone has posted your artwork without permission, gather four things before you send a takedown notice: your original files and dated versions, a clear identification of your work, the exact location of the copy, and your contact details. US law lists what a notice must contain, including a statement under penalty of perjury that you’re authorised to act for the owner. A timestamp of your original files isn’t required by the law, but a Proof of Time Certificate can show your files existed by a certain time. This is general information about US law, not legal advice, and other countries and platforms have their own processes.
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What the DMCA notice must contain
Under 17 U.S.C. § 512(c)(3), a notification of claimed infringement sent to a service provider’s designated agent must include, substantially:
- A physical or electronic signature of a person authorised to act for the owner of an exclusive right.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material claimed to be infringing and information reasonably sufficient to locate it.
- Information reasonably sufficient to contact you.
- A statement that you have a good faith belief the use isn’t authorised by the copyright owner, its agent or the law.
- A statement that the information in the notice is accurate and, “under penalty of perjury”, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Many platforms provide their own form that collects the same information. The notice doesn’t ask you to attach a timestamp.
Why gather evidence first
The law also says that anyone who “knowingly materially misrepresents” that material is infringing can be liable for damages (§ 512(f)). And if the person who posted the material files a counter notification, the service provider may restore it after 10 to 14 business days unless it first receives notice that you have filed a court action (§ 512(g)). Having your records ready makes both the notice and any next step easier.
Evidence to gather
- Your original files. The layered PSD, Procreate file, vector file or RAW photo, not just the flattened export. Layers and project history show how the work was made. See prove a Procreate illustration existed before a date and prove a PSD file existed.
- Dated versions. Early sketches, work-in-progress exports and the final. The earlier the dated record, the more it helps.
- Where it was first shown. Links and dates for your own posts, portfolio pages and client emails.
- The copy. The exact URL, the account name, and screenshots or saved pages showing the material. Screenshots are weak on their own; see can screenshots be used as evidence?.
- Licences. Any licence or commission agreement that affects who can use the work.
- Registration details, if any. If you’ve registered the work, note the registration number. See copyright registration vs timestamp.
Where a timestamp fits
A TimeBind shows that the exact file existed no later than the recorded time and still matches its fingerprint. Timestamp your originals before you post them, then timestamp the saved evidence of the copy when you collect it. It doesn’t show who made the art, and it doesn’t decide whether a use is infringing. For the full routine, see how to prove someone copied your content and how artists show when they made something. More guides for designers and visual artists are on timestamping for designers.
Before you send the notice
- Check that you own, or are authorised to act for the owner of, the right you claim.
- Think about whether the use might be permitted (for example, under a licence or fair use).
- Save everything first, because the copy may disappear once the notice is sent.
- Use the platform’s form or its designated agent.
- If a lot of money, a contract or a repeat infringer is involved, speak to a lawyer.
Plain-English definitions of DMCA takedown notice, fair use and fair dealing and derivative work are in the glossary.
Frequently Asked Questions
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Do I need to register my artwork before sending a DMCA notice?
The notice requirements in section 512 don’t mention registration. Registration matters for other things, such as suing in US courts. Ask a lawyer how it applies to you.
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Is a timestamp enough to win a takedown?
A timestamp isn’t required, and it isn’t a ruling. It can support your account of when your files existed. The platform follows its own process.
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What if the platform is outside the US?
Other countries and platforms have their own notice rules. The steps above are a sensible record-keeping routine, but check the platform’s policy and local law.
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Can I send a notice for AI-generated copies of my art?
It depends on the facts and the law that applies. Collect the same evidence and ask a lawyer. See how artists can get ahead of AI tampering.
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What does a TimeBind cost?
Your first Pooled TimeBind is free, with no credit card required. After that, Pooled TimeBinds start from US$5, and an ASAP TimeBind is US$15. See plans and pricing
Date your originals now
Free to start. The file stays on your device and your browser makes the fingerprint.
Last fact-checked: 10 November 2026.
Date your originals before you need them
Add your layered file, exports and sketches (up to 10 files) to one TimeBind, so your original work is dated before anyone copies it.
Make your first TimeBind free → See plans and pricing
Your first Pooled TimeBind is free, with no credit card required. After that, TimeBinds start from US$5, and an ASAP TimeBind is US$15. Your browser makes the fingerprint and the file stays on your device. A TimeBind shows a file existed no later than the recorded time. It doesn’t show who made it.
Related: Your footage in an AI-processed music video: what creators should keep.
Related: ArtStation AI declarations: what illustrators and designers should keep.
