In our “VTuber IP 101: Protecting Avatars, Content, and Branding” blog post, we talked about what intellectual property rights VTubers already have, when they have to register those rights, and what protections different intellectual property rights give. We also briefly mentioned certain legal actions that VTubers can take after they establish their rights. When it comes to VTubers concerned with protecting their personal information, however, how they go about enforcing and protecting their intellectual property rights is often just as important as holding those rights.

In this blog post, we’ll dive deeper into practical concerns and protective steps that VTubers and other content creators concerned with personal privacy can take when issuing or responding to DMCA takedowns.

DMCA Basics

We have discussed the Digital Millennium Copyright Act (DMCA) process before, but as a refresher, a DMCA takedown is the go-to process for copyright owners to request that platforms take down content that infringes their copyrights. In exchange for protecting platforms and internet service providers from direct liability associated with posting infringing content, such platforms and service providers must allow copyright holders to request takedowns of content that infringes their rights through a standardized DMCA process.

Under the DMCA process, a takedown request must include the following information (17 USC 512 (c)(3)):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receiving a valid DMCA takedown notice, the platform or service provider must takedown the alleged infringing content or else risk losing their protective status and opening themselves up to direct liability.

Personal Information Requirements

The requirements set forth in 17 USC 512 (c)(3)(i) and (iv) immediately raise privacy concerns for creators, particularly those who, like many VTubers, have heightened privacy concerns. A valid DMCA takedown requires the signature of the person authorized to act on behalf of the owner and must include information reasonably sufficient to permit the platform to contact the complaining party. Although takedown notices are submitted to the platforms, platforms will often forward such notices directly to the infringing party including any names, contact information, or other information in the complaint.

How to Protect Privacy

VTubers can take several steps to protect their privacy while submitting DMCA takedowns. First, they should understand that the DMCA takedown process doesn’t actually require the disclosure of a legal name. Section 512 (c)(3)(i) requires the signature of “a person authorized to act on behalf of the owner.” An authorized person could be a lawyer, talent agent, takedown agent, family member, or even friend. The authorized person could also satisfy Section 512 (c)(3)(iv) with their own address, phone number and email address instead of the VTuber’s.

Despite all that, the authorized person still needs to identify the copyright owner. And platforms may still require an authorized person to submit proof of authorization. This usually takes the form of a DMCA Authorization or Power of Attorney signed by the VTuber. Again, there is the risk that a platform may simply forward this proof of authorization to the infringing party and therefore disclose the actual name of the copyright owner. To address this issue, the copyright owner (in this case a VTuber) could sign the proof of authorization using a stage name or pseudonym. An even safer route is for the VTuber to have an entity, such as a limited liability company (LLC), that owns all of the relevant copyrights, including, among other things, the VTuber’s character and model, videos, and live streams. Therefore, the identified owner of the content is the entity and a manager, director, officer, or other authorized signatory of the entity (such as a friend or family member given limited signing authority) could sign on behalf of the entity. This creates an extra layer of privacy protection for the VTuber.

As an additional reminder of precaution, VTubers should take extra care in setting up an LLC to best protect personal information.

Conclusion

How a VTuber or a content creator concerned about privacy goes about protecting and enforcing their intellectual property rights might look very different compared to the typical strategies and methods employed by other intellectual property holders. The emphasis on privacy requires that a VTuber’s designated agent and legal advisor is aware of when there might be a privacy risk of disclosing personal information even in seemingly innocuous situations such as submitting a standard DMCA takedown.