How a Criminal Defense Lawyer Can Help You Navigate DMCA Takedown Issues

April 11, 2025 | By HJP Legal

Fighting for Your Rights: How a Criminal Defense Lawyer Can Help You Navigate DMCA Takedown Issues

If you’ve discovered that personal videos or images you created have been posted online without your permission, it’s natural to feel a mix of anger, embarrassment, and helplessness. These feelings are all too common for individuals in today’s digital age, where platforms like OnlyFans, Twitter, Reddit, Instagram and a plethora of camsites (CamSoda, Chaturbate) can sometimes be breeding grounds for unauthorized content. And if you’re someone who’s worked in the adult content industry or created personal videos or images for private use, you know how important it is to control your digital footprint.

Maybe you’ve moved on from creating adult content, but those videos and images are still out there, lurking in the depths of the internet, threatening to tarnish your reputation or invade your privacy. For others, the issue might be a stolen photograph, a video clip, or a piece of writing taken from a business profile without consent. Regardless of the context, the situation is the same: your work, your creation, your intellectual property is being used without your permission.

You should have the right to get your work removed, but unfortunately, this process can be difficult and overwhelming, especially when the content has been shared across multiple platforms or hosted on websites that are difficult to communicate with. Thankfully, there are legal mechanisms available to help you remove that content — and an attorney who understands how to navigate these laws can make all the difference in protecting your rights.

What Is a DMCA Takedown Notice?

One of the most powerful tools in getting your content taken down is the Digital Millennium Copyright Act (DMCA), a law designed to help copyright holders quickly and effectively remove infringing material from the internet. A DMCA takedown notice is a formal request sent to websites, demanding they remove copyrighted material that’s been posted without the owner’s permission.

Once a website receives a valid DMCA takedown notice, they are legally required to remove the content. If they don’t comply, they can face legal consequences, including financial penalties. This is especially important for content creators like photographers, videographers, or even writers — people whose livelihoods depend on their work being respected and protected.

However, even with the protections provided by the DMCA, the process isn’t always as simple as it sounds. Many websites have their own specific rules for submitting takedown requests, and failure to follow those rules can result in delays or outright denials. To ensure that your takedown notice is properly formatted and meets all the necessary criteria, it’s a good idea to seek the help of a lawyer who knows the ins and outs of copyright law.

Cease and Desist Letters vs. DMCA Takedown Notices

While a DMCA takedown notice is a legal mechanism used specifically for copyright violations, a cease and desist letter is a broader legal demand. A cease and desist letter is often the next step when a website ignores a DMCA request or engages in other forms of unauthorized behavior, such as defamation or trademark infringement. A cease and desist letter typically warns the recipient that failure to comply with your demand will result in legal action. It can be used to give the infringing party one last chance to remedy the situation before pursuing further legal steps, which might include filing a lawsuit or seeking financial compensation.

What Happens When a Website Ignores My DMCA Takedown Request?

It’s one thing to submit a takedown notice, but what if the website ignores it? This is a frustrating reality for many content creators. While most platforms comply with DMCA takedown requests, there are some — especially adult sites and those hosted on offshore servers — that may ignore or delay the removal of infringing content.In these cases, the law provides options for escalation. A lawyer can help you take the next steps by:

• Sending a cease-and-desist letter: This is a formal demand for removal, accompanied by a warning of legal action if ignored.
• Pursuing a lawsuit: If the website refuses to comply, you may be able to sue for copyright infringement and potentially secure damages.
• Working with search engines: If the content remains online, your attorney can work with search engines to de-index the material, making it harder for others to find.

Legal Consequences for Websites That Break Copyright Laws

When websites refuse to comply with DMCA takedown notices, they can face serious legal repercussions. U.S. copyright law holds website operators accountable for copyright infringement, especially if they knowingly host unauthorized content. Penalties for failing to remove copyrighted material after receiving a valid takedown request can be steep, including:

• Financial damages: Courts can award significant financial compensation to copyright holders.
• De-indexing by search engines: Non-compliant websites may be penalized by search engines like Google, effectively making them invisible on the web.
• Loss of revenue: Websites that continue to violate copyright laws risk losing relationships with payment processors, advertisers, and sponsors.
• Criminal penalties: In extreme cases, repeated copyright violations can lead to criminal charges, including fines and imprisonment.

Websites have a vested interest in removing infringing content quickly — and showing them you mean business by having an attorney involved will increase the chances that your content is taken down promptly.

Why You Need an Attorney for DMCA Takedowns

While the DMCA takedown process may seem straightforward, handling it yourself can be a frustrating and time-consuming experience. Websites often have strict rules and different requirements for submitting takedown requests. If you’re dealing with multiple platforms or your content has been reposted across several websites, it can be easy to miss crucial steps in the process — and mistakes can delay the removal of your content.

That’s where an attorney can be a game changer. Here’s how a lawyer can help:

• Properly formatted takedown notices: A lawyer can ensure that your DMCA takedown request meets all legal requirements, maximizing your chances of getting the content removed quickly.
• Efficient communication: An attorney can handle all communications with website administrators and platform managers, saving you time and frustration.
• Escalation to legal action: If your takedown request is ignored, a lawyer can send a cease-and-desist letter or even pursue a lawsuit for copyright infringement.
• Proactive copyright protection: Beyond removal, an attorney can advise you on steps to protect your future work and prevent unauthorized use from happening again.

You Don’t Have to Fight Alone

Dealing with the unauthorized use of your personal or professional content online can feel overwhelming. But you don’t have to navigate this process alone. A criminal defense lawyer with experience in copyright law can be a valuable ally in ensuring that your intellectual property is respected and protected. If you’re facing this issue, contact an attorney who can guide you through the process, protect your rights, and take swift action to get your content removed.

How We Can Help

At HJP Legal, my team and I understand how deeply this issue can affect your peace of mind. Our team is committed to helping clients resolve these matters efficiently, with the persistence and compassion you deserve. You’ve worked hard to create something unique — don’t let someone else take advantage of it.

We handle DMCA and related matters in Michigan, Florida and California, and can provide the legal expertise needed to navigate your situation effectively in each of these states – and others, just ask!  Contact us today for a free, confidential consultation at 517-449-6544 to take the first step toward regaining control over your work, your reputation, and your peace of mind.