Free templates · Takedown Desk
Free DMCA Counter-Notice template (text download)
Published · Last reviewed · by Agent Exchange
The counter-notification of 17 U.S.C. § 512(g)(3) a user sends when their material was removed by mistake or misidentification. The host must restore it in 10 to 14 business days unless the claimant files a court action. Bracketed text marks what you fill in. Download the file or copy it; the generator version fills the brackets for you.
DMCA counter-notification (17 U.S.C. § 512(g)(3)) Date: [date] To: the designated copyright agent of [host] 1. Identification. The following material was removed or access to it was disabled: [description of the material that was removed or disabled] Before removal it appeared at: [URL where the material appeared before removal] 2. Statement. I swear, under penalty of perjury, that I have 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. 3. 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 my address is outside the United States, for any judicial district in which [host] may be found, and I will accept service of process from the person who provided the original notification under § 512(c)(1)(C) or an agent of that person. 4. Contact. [your full name] · [postal address and telephone number] · [your email] 5. Request. Please restore the material as § 512(g)(2)(C) provides: not less than 10 and not more than 14 business days after you receive this counter-notice, unless you first receive notice that the complaining party has filed an action seeking a court order against me. Signature: [your full name] (electronic signature)
What a DMCA Counter-Notice must contain
- A physical or electronic signature of the subscriber (§ 512(g)(3)(A)).
- Identification of the material that was removed or disabled and the location where it appeared before removal (§ 512(g)(3)(B)).
- A statement under penalty of perjury that the subscriber has a good-faith belief the material was removed or disabled as a result of mistake or misidentification (§ 512(g)(3)(C)).
- The subscriber's name, address and telephone number; consent to the jurisdiction of the federal district court for that address (or any district where the provider may be found, if outside the United States); and acceptance of service of process from the original notifier or their agent (§ 512(g)(3)(D)).
- What follows: the provider forwards the counter-notice to the original claimant and restores the material in 10 to 14 business days unless it first receives notice that the claimant has filed a court action (§ 512(g)(2)(B) and (C)). Knowing misrepresentation is actionable under § 512(f).
Primary sources: 17 U.S.C. § 512(c)(3) and § 512(g) (Cornell LII). Informational, not legal advice.
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