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Copyright Law Explained

What Is In a Counter Notification Letter

Below is a list of the elements that comprise a proper DMCA counter notice:

  • Signature: The counter notice must include the subscriber’s signature. The signature can be in physical or electronic form.
  • Identify the Alleged Infringing Activity and its Location on the Site: The counter notice must identify the alleged infringing activity that is the subject of the takedown request, and identify where the infringing activity was located on the site before it was removed.
  • Contact Information: The counter notice must contain the subscriber’s name, address and telephone number.
  • Good Faith Belief: The counter notice must include a statement that the subscriber has a good faith belief that the infringing activity was removed or disabled as a result of mistake or misidentification.
  • Consent to be Sued in Federal Court: The counter notice must include a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which his or her address is located and will accept service of process from the person who sent the DMCA takedown notice. (note: If the person sending the counter notice is located outside the U.S. the statement is slightly different)

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