How do I file a DMCA counter claim notice?
Posted by Brian F. on 25 July 2018 12:08 PM
If you feel you've received an invalid DMCA / copyright complaint you do have the rights to submit a DMCA counter notice. Before submitting a counter notice please be mindful of the following: |
1) For a DMCA counter notice to be valid you must be willing to state / sign under penalty of perjury that you have a good faith belief the reported content should not be removed.
2) Filing a DMCA counter notice could result in legal action from the complaining party if they find your counter notice to be inaccurate or invalid. It is common practice to advise with your legal counsel prior to filing a counter notice.
A valid DMCA counter notice must comprise of the following information:
1) Your signature, either physical or electronic
2) Your name, physical mailing address, and valid phone number
3) Identification and location (web URL / address) of the material involved in the DMCA / copyright complaint
4) A confirmation that you believe the counter notice is accurate and valid under penalty of perjury
5) Your consent to the jurisdiction of a federal court where you live (assuming you're in the United States), or a consent to the jurisdiction of a federal court where your content exists / where we're located
There are tools online you can find to help generate a DMCA counter notice. Again it is common practice to advise with your legal counsel prior to filing a counter notice.
Lastly please note that once a DMCA counter notice is filed any further communication involving this complaint would need to be handled between you and the complaining party directly. We will not make ourselves liable for any potential legal action as part of a counter claim. As a result we may be forced to either remove the infringing domain(s) from our network or disable access to the domain(s). Should this happen we will provide you a backup to your account or the opportunity to remove the infringing domain(s) but continue hosting other services with us.