Receipt of DMCA Counter-Notification Clause Samples
The 'Receipt of DMCA Counter-Notification' clause outlines the process that occurs when a service provider receives a counter-notification from a user whose content was removed due to a Digital Millennium Copyright Act (DMCA) takedown request. Upon receiving such a counter-notification, the service provider typically must notify the original complainant and may be required to restore the removed content within a specified period unless the complainant files a lawsuit. This clause ensures a fair process for users to contest copyright claims and helps balance the rights of copyright holders with those of content creators or uploaders.
Receipt of DMCA Counter-Notification. If Company receives a DMCA Counter-Notification from You (or a person authorized to act on Your behalf) that complies with the requirements set forth in Section 4.4, Company will replace or cease disabling access to the User Content in no less than ten (10) days and no more than fourteen (14) days following its receipt of the DMCA Counter-Notification. However, Company will not replace or cease disabling access to the User Content if its Copyright Agent first receives notice that the person who sent the DMCA Copyright Infringement Notice has filed a lawsuit seeking a court order restraining You from engaging in infringing activity related to such User Content. Company will also forward Your DMCA Counter-Notification to the person who sent the DMCA Copyright Infringement Notice.