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DMCA Counter Notice Template

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DMCA Counter Notice Template

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DMCA Counter Notice Template


[Your Full Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]

Date: [Date]

To: [Service Provider Name / Designated DMCA Agent]
[Agent Address]
[City, State, ZIP Code]
[Agent Email Address]

Subject: DMCA Counter Notice

Dear [Service Provider Name / DMCA Agent],


1. Purpose of This Counter Notice

I am submitting this DMCA Counter Notice in response to the removal of, or disabling of access to, material that I posted on your service.

I request restoration of the material identified below because I have a good-faith belief that it was removed or disabled as a result of mistake or misidentification.


2. Identification of Removed or Disabled Material

The material that was removed or to which access was disabled is described as follows:

  • Title or Description of Material: [Title or Description]

  • Type of Material: [Text / Image / Video / Audio / Listing / Post / Other]

  • Account, Channel, Username, or Profile Name: [Name]

  • Date of Removal or Disablement, if known: [Date]


3. Location of Material Before Removal

The location where the material appeared before it was removed or disabled was:

  • URL or Exact Online Location: [URL]

  • Platform / Website Name: [Platform Name]

  • Additional Identifying Information: [Post ID / Listing Number / File Name / Other]


4. Good-Faith Statement Under Penalty of Perjury

Under penalty of perjury, I state that I have a good-faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.


5. Subscriber Identification and Contact Information

My contact information is as follows:

  • Full Name: [Full Name]

  • Mailing Address: [Address]

  • Telephone Number: [Phone Number]

  • Email Address: [Email Address]


6. Consent to Jurisdiction and Service of Process

Complete the applicable statement below:

If you are located in the United States:
I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located, and I will accept service of process from the person who submitted the original DMCA takedown notice under 17 U.S.C. § 512(c)(1)(C), or that person’s agent.

If you are located outside the United States:
I consent to the jurisdiction of the Federal District Court for any judicial district in which the service provider may be found, and I will accept service of process from the person who submitted the original DMCA takedown notice under 17 U.S.C. § 512(c)(1)(C), or that person’s agent.


7. Additional Information

Any additional information that may help identify the removed material or process this counter notice is as follows:

[Optional Additional Information]


8. Signatures

Sincerely,

Physical or Electronic Signature: __________________________
Name: [Your Full Name]
Date: [Date]

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DMCA Counter Notice Template

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For quick answers, scroll below to see the FAQ.

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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