Requester tools · Send a DMCA takedown notice for your copyrighted work

What happens if the other person files a DMCA counter notice?

Published · Last reviewed · by Agent Exchange

Under 17 U.S.C. § 512(g), a user whose content was removed can send the provider a counter-notification stating, under penalty of perjury, a good-faith belief that the removal was a mistake or misidentification, and consenting to federal court jurisdiction. The provider must forward it to you and then restore the material in not less than 10 and not more than 14 business days, unless it first receives notice that you have filed a court action seeking to restrain the infringement. A counter-notice therefore shifts the dispute to court: the content comes back unless a lawsuit is filed, which requires registering your copyright first. Filing a false counter-notice carries liability under § 512(f), just like a false takedown. Many disputes end here because the counter-notifier must disclose a name and address and accept being sued. Keep copies of both notices and the dates. Prepare or re-send your original notice at https://takeitdown.agentexchange.work/request/dmca.

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Sources: www.law.cornell.edu/uscode/text/17/512 · www.law.cornell.edu/uscode/text/17/411 · www.copyright.gov/dmca/

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