DMCA COUNTER-NOTIFICATION

Pursuant to 17 U.S.C. Section 512(g)

Date: _______________________

To: [Name of Service Provider's Designated Agent]
[Service Provider Name]
[Address]
[City, State ZIP Code]
[Email Address]

From: [Counter-Notifier's Name]
[Address]
[City, State ZIP Code]
[Telephone Number]
[Email Address]

Re: Counter-Notification Under 17 U.S.C. Section 512(g)
Original Takedown Notice Dated: _______________________
Material Removed/Disabled: _______________________

I. IDENTIFICATION OF MATERIAL

A. Description of Material Removed or Disabled

The following material was removed or disabled as a result of a takedown notification received by your service:

Type of Content:
☐ Text/Written Work
☐ Image(s)/Photograph(s)
☐ Video Content
☐ Audio/Music
☐ Software/Code
☐ Other: _______________________

Description of Material:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________

B. Original Location of Material

The material was located at the following URL(s) or location(s) before removal:

II. LEGAL BASIS FOR COUNTER-NOTIFICATION

I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification. The basis for this belief is as follows:

☐ I am the copyright owner of the material and did not authorize the takedown
☐ I have authorization from the copyright owner to post the material
☐ The material is in the public domain
☐ The material constitutes fair use under 17 U.S.C. Section 107
☐ The material is not copyrightable (e.g., facts, ideas, short phrases)
☐ The takedown notice misidentified the material
☐ The takedown notice was procedurally deficient
☐ Other legal basis: _______________________

Detailed Explanation:

_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________

III. FAIR USE ANALYSIS (IF APPLICABLE)

If claiming fair use under 17 U.S.C. Section 107, please address the four statutory factors:

Factor 1: Purpose and Character of the Use

☐ The use is transformative (adds new meaning, expression, or message)
☐ The use is for criticism or commentary
☐ The use is for news reporting
☐ The use is for teaching or education
☐ The use is for scholarship or research
☐ The use is for parody or satire
☐ The use is noncommercial
☐ Other: _______________________

Explanation:
_________________________________________________________________________________
_________________________________________________________________________________

Factor 2: Nature of the Copyrighted Work

☐ The original work is factual rather than creative
☐ The original work has been previously published
☐ Other relevant factors: _______________________

Explanation:
_________________________________________________________________________________
_________________________________________________________________________________

Factor 3: Amount and Substantiality of the Portion Used

☐ Only a small portion of the original work was used
☐ The portion used was not the "heart" of the original work
☐ Only as much as necessary was used for the purpose
☐ Other relevant factors: _______________________

Explanation:
_________________________________________________________________________________
_________________________________________________________________________________

Factor 4: Effect on the Potential Market

☐ The use does not substitute for the original work
☐ The use does not harm the market for the original work
☐ The use may actually benefit the market for the original work
☐ Other relevant factors: _______________________

Explanation:
_________________________________________________________________________________
_________________________________________________________________________________

IV. REQUIRED STATEMENTS UNDER 17 U.S.C. SECTION 512(g)(3)

A. Consent to Federal Court Jurisdiction

I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located, or if my address is outside of the United States, for any judicial district in which the service provider may be found, and I will accept service of process from the person who provided the original notification of alleged infringement or an agent of such person.

My address is located in:

☐ United States: Federal District Court for the _________________ District of _________________

☐ Outside United States: I consent to jurisdiction in any federal judicial district in which [Service Provider Name] may be found.

B. Statement Under Penalty of Perjury

I swear, under penalty of perjury, 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.

V. PHYSICAL OR ELECTRONIC SIGNATURE

Signature: _________________________________

Printed Name: _________________________________

Date: _________________________________

VI. CONTACT INFORMATION

Please restore the material and/or contact me at the following:

Full Legal Name: _________________________________

Mailing Address:
_________________________________
_________________________________
_________________________________

Telephone Number: _________________________________

Email Address: _________________________________

Preferred Method of Contact: ☐ Email ☐ Phone ☐ Mail

VII. ADDITIONAL INFORMATION (OPTIONAL)

A. Supporting Documentation

I am attaching the following documents in support of this counter-notification:

☐ Evidence of my ownership or authorization
☐ License agreement or permission documentation
☐ Analysis demonstrating fair use
☐ Evidence that the work is in the public domain
☐ Evidence of factual error or misidentification
☐ Prior correspondence regarding this matter
☐ Other: _______________________

B. Prior Communications

☐ I have not previously communicated with the complainant regarding this matter
☐ I have previously communicated with the complainant (details attached)

C. Request for Expedited Restoration

☐ I request expedited restoration due to the following circumstances:
_________________________________________________________________________________
_________________________________________________________________________________

VIII. UNDERSTANDING OF PROCESS

I understand that:

1. Upon receipt of this counter-notification, the service provider will promptly provide the person who submitted the original takedown notice with a copy of this counter-notification;

2. The service provider will inform that person that it will replace the removed material or cease disabling access to it in 10 business days;

3. The service provider will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of this counter-notification, unless the service provider's designated agent first receives notice from the person who submitted the original notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network;

4. Knowingly making material misrepresentations in this counter-notification may subject me to liability for damages under 17 U.S.C. Section 512(f), including costs and attorneys' fees incurred by the copyright owner, the copyright owner's licensee, or the service provider.

IX. DECLARATION

I declare that the information in this counter-notification is accurate and, under penalty of perjury, that I am the subscriber or am authorized to act on behalf of the subscriber whose material was removed or disabled.

Signature: _________________________________

Printed Name: _________________________________

Title (if applicable): _________________________________

Date: _________________________________

SERVICE PROVIDER PROCESSING SECTION

For internal use by Service Provider

IMPORTANT NOTICES

To the Counter-Notifier:

LEGAL CONSEQUENCES: Filing a counter-notification is a serious legal step. By filing this counter-notification, you are asserting under penalty of perjury that the original takedown was based on mistake or misidentification. If the copyright owner files a lawsuit against you, you may be required to defend that lawsuit. False statements in this counter-notification may subject you to legal liability.

CONSULT AN ATTORNEY: Before filing this counter-notification, you may wish to consult with an attorney to understand your rights and potential liability.

NO GUARANTEE OF RESTORATION: Filing a counter-notification does not guarantee that your material will be restored. The service provider has discretion in how it handles counter-notifications.

Relevant Statutory Text (17 U.S.C. Section 512(g)(3)):

To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent that includes substantially the following:

(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.

(D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

NOTICE: This template is provided for informational purposes only and does not constitute legal advice. DMCA counter-notifications have significant legal implications, including potential exposure to copyright infringement lawsuits. Before filing a counter-notification, consult with a qualified attorney to evaluate your specific situation and the strength of your legal position.