If you still wish to mail us your notice, our physical address is:. Before You Begin Be Truthful. The DMCA requires that you swear to your counter notice under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration.
See U. Code, Title 18, Section Submitting false information could also result in civil liability—meaning you could incur a financial penalty. Submitting a DMCA counter notice can have real legal consequences. If the complaining party disagrees that their takedown notice was mistaken, they might decide to file a lawsuit against you to keep the content disabled.
You should conduct a thorough investigation into the allegations made in the takedown notice and probably talk to a lawyer before submitting a counter notice.
Code, Title 17, Section g. Whether you decide to explain why you believe there was a mistake is up to you and your lawyer, but you do need to identify a mistake before you submit a counter notice. Of course, there could be other defects with the takedown notice. Similar to submitting a takedown, a DMCA counter notice must include the following 17 usc g 3 : A A physical or electronic signature of the subscriber. B Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
C A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. Megan Megan is a video game industry veteran and guest blogs at Odinlaw.
Address: Glenwood Ave. Someone who has sent a baseless takedown notice about your content may be more inclined to back off if you remind him or her about section f of the DMCA, in addition to sending a counter-notice. Subscribe to our content! Follow us on Twitter. We are looking for contributing authors with expertise in media law, intellectual property, First Amendment, and other related fields to join us as guest bloggers.
If you are interested, please contact us for more details. Skip to main content. Welcome to the website of the Digital Media Law Project. Due to popular demand the Berkman Klein Center is keeping the website online, but please note that the website and its contents are no longer being updated. Please check any information you find here for accuracy and completeness. To work effectively, your counter-notice must contain the following items: your physical or electronic signature; your name, address, and phone number; identification of the material and its location before it was removed; a statement under penalty of perjury that the material was removed by mistake or misidentification; your consent to the jurisdiction of a federal court in the district where you live if you are in the U.
Request new password. Will E. Court's Privacy Ruling Break the Internet? Hear Ye, Hear Ye! Service and Research at the Frontier of Media Law. Disclaimer Information in this guide is based on general principles of law and is intended for information purposes only; we make no claim as to the comprehensiveness or accuracy of the information.
It is not offered for the purpose of providing individualized legal advice. Recording Phone Calls and Conversations. California Recording Law. Using the Name or Likeness of Another.
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