What are the counter-notice and put-back procedures?

The DMCA provides an opportunity for you to counter-notify, to tell your ISP that the material in question is not infringing. Unless the copyright claimant brings a lawsuit within 10 business days, the ISP can put back the material and still remain immune from liability. A form for creating your own counter-notification is online at http://www.chillingeffects.org/dmca/counter512.pdf

A proper counter-notice must contain the following information:

  • The subscriber’s name, address, phone number, and physical or electronic signature [512(g)(3)(A)]
  • Identification of the material and its location before removal [512(g)(3)(B)]
  • A statement under penalty of perjury that the material was removed by      mistake or misidentification [512(g)(3)(C)]
  • Subscriber consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body. [512(g)(3)(D)]

Posted in: Questions about the Digital Millennium Copyright Act (DMCA)

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