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DMCA Counter Notice

By Eric Misterovich

While DMCA takedown notices are the subject of extensive reporting, the DMCA counter notice process is less discussed. The DMCA counter notice, however, is a vitally important procedural tool that can keep your online content available and potentially keep your business running without interruption.

If you have received a DMCA takedown notice, it is important to respond with a DMCA counter notice that complies with the Act’s strict guidelines, being:

  1. Identification of material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  2. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  3. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the address is located. Other provisions apply if the subscriber if outside the United States.
  4. A physical or electronic signature of the subscriber.

Submission of the counter notice will shift the burden back to the original complainant. Specifically, the complainant must file a federal lawsuit within 10 days. If no suit is filed, the host is to make the content available online.

If someone has sent you a DMCA takedown notice in error, it is essential you protect your intellectual property by issuing a DMCA counter notice as soon as possible. Consult with our experienced intellectual property attorneys today by calling 855-473-8474 or completing the form to the right.

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