A watermark doesn’t necessarily mean that a piece of artwork or a photo or video has to be copyright in order to be uploaded. It can be used by the person uploading it as part of the uploader’s copyright.
In addition, a watermark can be used to protect some other thing, such as a product, trademark, or a license (i.e., not the entire image, but only a portion of the image). For example, “Tiger Mask 3D” and “Tiger Mask,” both are registered trademarks by the same manufacturer. “Tiger Mask 3D” is protected by this trademark but “Tiger Mask” is not.
Watermarks are often not created by a photographer and are made by a vendor (or an attorney) on behalf of the user. In the case of images, people are free to use any type of watermark they want and it is considered an optional part of the process.
Can I file a DMCA takedown request?
Yes. If you think someone has stolen your work and do not know the identity of the infringer, you may file a DMCA takedown request. After you send the takedown request and the copyright owners respond, the takedown process is closed. If you get no response, you may file a more general complaint with Internet piracy and DMCA, to see whether your claim was taken seriously.
How do I prevent copyright holders from removing my work?
Copyright owners may remove your work by law, if they believe it has been distributed in any way that violates their copyright. You may file a DMCA takedown request if you disagree with the removal of the work. Note however, you may be liable for a copyright infringement if it is determined that you did not cause the infringement. Copyright owners have broad discretion on whether to remove your work.
The DMCA makes it unlawful to remove your work from the internet without your permission. The DMCA does not provide specific protections for content you post to social media platforms. You may be forced to settle copyright claims for content posted on third party sites. In the case of YouTube, you must provide “notice and takedown” of copyrighted videos. You must also provide an account of “content that is alleged to violate the copyright law.” While there is no “bright line” in this area, if content posted without copyright notice is removed, you have only two choices: seek a court order for your removal, or pay a huge fee.
The DMCA is not limited in the types of content
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