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If someone contacts me asking for permission to share my original work on their website or Facebook page, am I within my legal rights to grant permission with specific conditions? For example, "You may post on Facebook if you include a tag link to my profile in the post caption."

In the case of the example above, if they posted it without my profile in the caption (but perhaps in the comments somewhere), could I file a DCMA against them?

  • For your example, consider asking them to comply correctly first before going straight for a DMCA filing (but do file if you think it's necessary). For this case it sounds like an honest mistake (caption vs. comments) that would be easily correctible. – Brandin Feb 17 '18 at 16:25
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Yes and yes.

This is what a copyright license is - the circumstances where you will give permission.

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In addition to what Dale M says: The DMCA is just a tool to remove your copyrighted work if it is displayed on third party sites, like Facebook. You send your DMCA notice to Facebook, not to the infringing party, and Facebook will remove it. This won't get you any damages, and the infringing party has no cost.

If you want to get paid damages by the infringing party, you will have to take them to court. DMCA doesn't achieve this.

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