Creative Commons and DMCA

are dmca notices still effective?

[proboscis]

Are DMCA notices still effective when the work in question has been released under a creative commons license but the license has been violated?

For example if someone uses a work without attribution?

[badbadmonkey]

[creativecommons.org...]

It's a violation of the license. Such violation automatically terminates the license (ref clause 7a, Termination). With the license terminated, the former licensee is therefore using the work without a license, and you're back to standard copyright law.

Assuming of course the license is required, and not a case of public domain or fair use or whatever.

I would send a conventional DMCA but add language to the effect that they've violated and therefore terminated the CC license to clearly establish the basis for your allegation of copyright infringement. If you just want the issue corrected you could simply state that you would consider the retrospective addition of attribution and a guarantee of future adherence to be satisfactory.

[proboscis]

Thanks badbadmonkey!