Jan 28, 2025

Step-By-Step Guide to Filing an Instagram DMCA Takedown With Ease

man using insta app - Instagram DMCA

You wake up one morning to find that someone has stolen your work and posted it as their own on Instagram. What would you do? How would you feel? Frustrated? Angry? Defeated? You wouldn’t be alone. Many creators think hopelessly when they discover their intellectual property has been stolen and posted to social media. The good news? There is a way to remove the infringing content quickly and restore your piece’s rightful ownership: the DMCA takedown. This article will walk you through the ins and outs of filing a DMCA takedown google and Instagram so you can ensure your intellectual property is protected, and the infringing content is swiftly removed without complications.

Bustem’s copycat detection tool can help you achieve your goals. This easy-to-use solution helps you quickly locate stolen content to file a DMCA takedown on Instagram and other platforms.

Table of Contents

What is Instagram DMCA and Why is it Important?

man insta app - Instagram DMCA

The Digital Millennium Copyright Act, or DMCA, is a U.S. copyright law that safeguards the rights of content creators and service providers on the Internet. As one of the leading social media platforms, Instagram must follow this law. But what does this mean for you as an Instagram user, and how does it affect your content? 

How the DMCA Works on Instagram

Instagram’s DMCA removal policy is a legal process that allows copyright holders to request the removal of content that infringes on their intellectual property rights. The DMCA law includes provisions that protect platforms like Instagram from copyright infringement claims as long as they promptly remove or block access to alleged infringing material upon receiving proper notice. 

In line with this, Instagram has a DMCA policy empowers them to take down any content reported for copyright infringement. It’s as simple as this: If someone posts your original content without your permission, you can file a DMCA takedown notice, and Instagram should promptly remove the content.

Instagram’s DMCA Process for Users

Copyright infringement can happen to anyone, and Instagram has a robust process for handling reports of copyright violations. When Instagram receives a report of copyright infringement, it will review it and may take various actions depending on the specifics of the infringement claim. 

Here’s a quick overview of the steps involved in the Instagram DMCA process. 

  • A user or automated system detects an instance of copyright infringement. 

  • The user files a complaint to Instagram, providing the platform with information about the alleged infringement. 

  • Instagram reviews the claim and may contact the content owner for more information. 

  • Instagram will remove the content if the claim is valid and notify the account owner. 

  • The account owner can appeal the decision if they believe they have the right to use the content. 

Protection Against Copyright Infringement on Instagram

Instagram takes copyright violations very seriously. If it is determined that a user violated the rights of intellectual property owners, Instagram could disable their account and remove the infringing content. The platform uses an extensive process to handle reports of copyright violations. Suppose you are a victim of copyright infringement on Instagram. In that case, filing a DMCA takedown notice as soon as possible is advisable to protect your original content from further unauthorized use.

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How to File an Instagram DMCA Takedown

Instagram app - Instagram DMCA

Copyright law protects original works of authorship, including literary, musical, and artistic works. Copyright infringement occurs when someone uses another party’s copyrighted material without permission. Under the Digital Millennium Copyright Act (DMCA), copyright owners and social media platforms like Instagram have specific rights and responsibilities regarding copyrighted material. When a user reports stolen content on Instagram, the platform can remove the infringing material and protect the owner’s rights. If you find content on Instagram that uses your original work without permission, you can file a DMCA takedown request to have it removed. 

Understanding Instagram’s Copyright Policy: How to Avoid Infringement Before Posting

Understanding Instagram’s copyright policy and how it works is essential before you do so. Under Instagram’s terms, it broadly says that you cannot post anything that would violate someone else’s IP rights. Further, users can report content they believe infringes their copyright to Instagram. You can violate someone else’s copyright when you post or share their content on Instagram. For example, this can occur when you credit the author, modify or add my material to the content, and find the content online (e.g., using an image from Google Images). Therefore, before posting content on Instagram, you should avoid infringing someone else’s copyright. Here are some ways you can do so. 

1. Gather Evidence of the Infringement

For the best chances that your DMCA takedown request is approved when reporting stolen content on Instagram, you’ll need sufficient evidence of the infringement. Without it, your report may be denied. 

Document the Infringing Content

Capture detailed screenshots and record the URLs of posts or accounts using my stolen content. Be thorough in documenting any infringement, including: 

  • Stolen photos or videos 

  • Captions misusing your content 

  • Profile pictures, bios, or any other elements violating your intellectual property 

Having this evidence organized not only streamlines the reporting process but also strengthens your case. 

Prove Ownership of Your Content

You’ll also need to provide evidence that you are the rightful owner of the stolen content or assets. Document proof of your ownership through screenshots, URLs, and other official documents substantiating my claim, including trademark registrations. 

Simplify Evidence Collection with Brand Protection Software

Gathering this evidence manually can be time-consuming, especially when dealing with multiple infringements and repeat offenders. An automated brand protection tool like Red Points can simplify and speed up the process. Bustem brand protection software does the hard work for you, automatically gathering and organizing the necessary evidence to file your takedown. No matter how many infringements you must address, Red Points allows you to submit numerous takedowns quickly and effectively. 

2. Access the Proper DMCA Form

Once you’ve gathered proper documentation of the infringement, it’s time to submit your takedown. While you can send a formal DMCA request directly to the infringing account, there is no guarantee that they will respond or remove the stolen content. Fill out the proper form directly via the Instagram Help Center to take down the infringement quickly. Here, you’ll find multiple forms you can use to file your DMCA complaint, depending on the type of infringement that has occurred. 

Reporting Copyright Infringements 

Use Instagram’s copyright report form to report violations involving stolen original content. This includes photos, videos, music, or written works that you created and hold copyright ownership of. 

Reporting Trademark Infringements 

If your trademarked IP is being misused on Instagram—such as stolen logos, brand names, slogans, or other trademarked assets—use Instagram’s trademark report form. 

3. Fill Out the Form 

The copyright and trademark forms require similar contact information, such as your name, mailing address, and email. Remember that this information will likely be shared with the infringing account, so use contact details you’re comfortable disclosing. Once you’ve provided your contact information, the forms differ slightly depending on the infringement you report. 

When reporting a copyright violation, Instagram will ask for the following: 

  • The type of content that has been stolen. 

  • URLs to my copyrighted work. 

  • URLs linking to the infringing content. 

When reporting a trademark violation, Instagram will ask for the following: 

  • Documentation proving I am the rights owner. 

  • A URL to my official website or primary online presence. 

  • The stolen trademark(s). 

  • The trademark registration number and a link to the trademark registration (if applicable). 

  • A scanned copy or screenshot of my trademark registration certificate. 

  • URLs linking to the trademarked content I am reporting. 

Sign Your Form

Both forms require your electronic signature, which confirms that my report is made in good faith and that the content violates Instagram’s copyright or trademark policies. Once signed, your form is complete and ready to be filed. 

4. Submit the Request 

Now that your form is complete, I’d like to review the information you’ve provided, ensure all the proper evidence is included, and submit my request. 

What Happens After I Submit My DMCA Takedown Request?

Once you’ve submitted the proper form, the process moves into Instagram’s hands. You’ll receive an automated email confirming my report has been received. This email will include a unique report number. Be sure to save this number to reference in any follow-up communication regarding my report. 

Instagram’s Review Process 

Instagram’s team will assess your evidence to determine if the reported content violates copyright or trademark laws. If additional information is needed, you’ll receive an email from Instagram requesting more details. Reply directly to this email as soon as possible with the necessary evidence. 

Processing Timeline 

Instagram doesn’t provide a specific timeline for completing their review of my takedown request. 

In our experience submitting Instagram takedowns for our clients: 

  • When evidence is clear and thorough, the review process is quite simple and typically only takes a few days. 

  • If additional clarification is required, the process may require back-and-forth email communication and can take up to a few weeks. 

To avoid delays, I provide as much detailed evidence as possible up front in my report and promptly respond to any follow-up emails from Instagram. 

Possible Outcomes of Filing Your Instagram DMCA Takedown 

  • Successful Takedown: If Instagram agrees that a violation occurred, the stolen content will be removed, and you and the infringer will be notified. 

  • Counter-Notification Filed by the Infringer: Once your request has been approved, the infringer can file an appeal to challenge the takedown of their content or account. If their appeal demonstrates no violation occurred, the content will be restored. 

  • Request Denied: If your evidence is insufficient, my report will be denied, and the reported content or account will be restored. 

What to Do if Your DMCA Takedown Request is Denied or Appealed 

If the infringement content isn’t taken down or gets restored, don’t be discouraged. Instagram must comply with copyright and trademark laws to carry out DMCA enforcement when necessary, so a denial often means your initial evidence wasn’t strong enough to meet their standards. 

Next Steps to Take: 

  • Review Instagram’s Feedback: Carefully read any communication from Instagram to understand what evidence was missing or insufficient in my initial request. 

  • Gather Additional Evidence: I will strengthen my case by including more explicit documentation or proof of ownership for the stolen content or intellectual property. 

  • Resubmit Your Request: Use Instagram’s forms to submit a new request, ensuring all necessary evidence is included.

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Find and Take Down Copycats with One-click Today

Bustem - Instagram DMCA

Bustem is a robust copycat detection and removal tool explicitly designed for e-commerce merchants. Our platform automatically scans billions of websites to identify unauthorized use of your store's content, including: 

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Once we spot copycats, we streamline the entire takedown process with pre-filled DMCA forms and comprehensive case management. Built by people who know the game inside out, our service offers 24/7 monitoring, instant detection, and bulk takedown capabilities to protect your brand assets.

Protecting Your Brand

With over 2 million DMCA notices filed daily and businesses losing $29 billion annually to content theft, we've made protection simple and cost-effective. Bustem helps you identify and eliminate copycats efficiently, whether dealing with competitors: 

  • Using your product images

  • Copying your ad content

  • Stealing your copy

Get a free scan to see who’s been stealing your content. With Bustem, you can find and take down copycats with one click today.

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