Templates Intellectual Property DMCA Notice and Counter-Notice Pack
DMCA Notice and Counter-Notice Pack
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DMCA NOTICE AND COUNTER-NOTICE PACK


A. DMCA TAKEDOWN NOTICE (TO SERVICE PROVIDER)

To: [Service Provider DMCA Agent Name/Email/Address]
From: [Complainant/Agent]
Date: [DATE]

1) Copyrighted work: [Describe or attach]
2) Infringing material: [URL(s)/locations]
3) Requested action: Remove or disable access to the infringing material.
4) Contact: [Name, Address, Phone, Email]
5) Good faith belief statement: “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
6) Accuracy/authority statement: “The information is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner.”
7) Signature: [Typed/physical signature]


B. DMCA COUNTER-NOTICE (FROM ALLEGED INFRINGER)

To: [Service Provider DMCA Agent Name/Email/Address]
From: [Subscriber/Alleged Infringer]
Date: [DATE]

1) Material removed or to which access was disabled: [URL(s)/description]
2) Statement under penalty of perjury: “I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.”
3) Name, address, phone, email.
4) Consent to jurisdiction: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or if outside the U.S., the federal district where the service provider may be found), and I will accept service of process from the person who provided the notification or an agent of such person.”
5) Signature: [Typed/physical signature]


C. NOTES FOR PRACTITIONERS

  • Verify ownership/authorization before sending a notice; avoid misrepresentation (17 U.S.C. § 512(f)).
  • For counter-notice, ensure client understands the 10–14 business day restoration window and litigation risk.
  • Tailor to platform requirements; some require webform submissions with specific fields.
  • Maintain evidence (screenshots/headers/timestamps) for both notice and counter-notice.
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