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DMCA Counter Notice Template
DMCA COUNTER NOTICE TEMPLATE FAQ
What is a DMCA counter notice?
A DMCA counter notice is a written communication sent to a service provider’s designated agent after material has been removed or disabled following a DMCA takedown notice. Under 17 U.S.C. § 512(g), an effective counter notification can trigger the platform’s process for forwarding the counter notice to the original claimant and, in many cases, restoring the material if no court action is filed in time.
Why do you need a DMCA counter notice?
You need a DMCA counter notice when you believe your material was removed or disabled because of mistake or misidentification. The statute requires specific elements for an effective counter notice, including identification of the removed material, a statement under penalty of perjury, your contact information, and consent to court jurisdiction and service of process.
When should you use a DMCA counter notice?
Use a DMCA counter notice after your online content has been removed or access has been disabled in response to a DMCA takedown notice, and you have a good-faith basis to believe the removal was mistaken or misidentified. If the service provider receives a compliant counter notice, it generally must notify the original claimant and may restore the material not less than 10 and not more than 14 business days later unless it receives notice of a court action seeking to restrain the alleged infringement.
How to write a DMCA counter notice?
Start by identifying the removed material and the exact location where it appeared before removal. Then include the required statement under penalty of perjury that you have a good-faith belief the material was removed or disabled by mistake or misidentification, followed by your name, address, telephone number, consent to the required federal court jurisdiction, agreement to accept service of process, and your physical or electronic signature.
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