DMCA Counter-Notification Procedures Clause Samples
The DMCA Counter-Notification Procedures clause outlines the process by which a user can respond if their content is removed or disabled due to a Digital Millennium Copyright Act (DMCA) takedown notice. Typically, this clause specifies the information a user must provide in a counter-notification, such as their contact details, a statement of good faith belief that the content was removed in error, and consent to jurisdiction. By establishing a clear process for disputing copyright claims, this clause ensures that users have a formal mechanism to challenge wrongful takedowns and helps balance the rights of copyright holders with those of content creators.
DMCA Counter-Notification Procedures. If a Subscriber or other third party (a “Responding Party”) believes that its data, information or materials were removed or access to it was disabled by mistake or misidentification, it may file a counter-notification with GreenBlue (a “DMCA Counter-Notice”) by submitting written notification to the GreenBlue Intellectual Property Agent (identified above). Pursuant to the DMCA, the DMCA Counter-Notice must include substantially the following: ● The physical or electronic signature of the Responding Party; ● 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 disabled; ● A statement under penalty of perjury by the Alleging Party (or an authorized officer thereof) that it has a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; ● The name, address, and telephone number of the Responding Party (and if it wishes to facilitate GreenBlue’s ability to contact you, its e-mail address); and ● A statement that the Responding Party consents to the jurisdiction of the Federal District Court for the judicial district in which its address is located (or if its address is outside of the United States, for any judicial district in which GreenBlue may be found), and that it will accept service of process from the person who provided GreenBlue with the DMCA Notice at issue. The DMCA allows GreenBlue to restore the removed content if the party filing the original DMCA Notice does not file a court action against the Responding Party within ten (10) business days of receiving the copy of the Responding Party’s DMCA Counter-Notice. If a Responding Party knowingly materially misrepresents that material or activity on the Website or the Subscriber Site was removed or disabled by mistake or misidentification, such Responding Party may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
DMCA Counter-Notification Procedures. If you believe that your User Content was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with SpiffWorks (a “DMCA Counter-Notice”) by submitting written notification to the SpiffWorks Intellectual Property Agent (identified above). Pursuant to the DMCA, the DMCA Counter-Notice must include substantially the following: ● Your physical or electronic signature; ● 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 disabled; ● A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; ● Your name, address, and telephone number (and if you wish to facilitate our ability to contact you, your e-mail address); and
DMCA Counter-Notification Procedures. If you believe that your User Content was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Peripheral Brain (a “DMCA Counter-Notice”) by submitting written notification to the Peripheral Brain Intellectual Property Agent (identified above). Pursuant to the DMCA, the DMCA Counter-Notice must include substantially the following: • Your physical or electronic signature; • 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 disabled; • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; • Your name, address, and telephone number (and if you wish to facilitate our ability to contact you, your e-mail address); and • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if your address is outside of the United States, for any judicial district in which Peripheral Brain may be found), and that you will accept service of process from the person who provided us with the DMCA Notice at issue. The DMCA allows Peripheral Brain to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your DMCA Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Peripheral Brain System was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.