HOW TO REPORT COUNTERCLAIM
OF INFRINGEMENT
The Digital Millennium Copyright Act Section 512(g)(3) requires
that a counterclaim of copyright infringement provide certain
information specified below. DMCA Section 512(f) defines penalties
for knowingly misrepresenting a counterclaim.
(3)
CONTENTS OF COUNTER NOTIFICATION.
To be effective under this subsection, a counter notification must be a written
communication provided to the service provider's Registered Agent that includes
substantially the following:
(A)
A physical or electronic signature of the subscriber.
[As an electronic signature, our agent accepts facsimile/fax and digitized
image of signature attached to electronic mail.]
(B)
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 to it was disabled.
[This information will normally be included in the notice you receive from
the DMCA agent. You may want to expand on it or distinguish some materials
from others. Please include a URL such as http://.../.../... or ftp://.../.../...
identifying the material or representative material. Specify any IDs, passwords
or other authorization required to access the material.]
(C)
A statement under penalty of perjury that the subscriber has 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.
[If you have any permissions for subject materials, please identify them. If
you believe materials to be quotable under
Fair Use Doctrine, please state your case with reference to the four principles
of Fair Use.]
(D)
The subscriber's name, address, and telephone number, and a statement that
the subscriber consents to the jurisdiction of Federal District Court for the
judicial district in which the address is located, or if the subscriber's address
is outside of the United States, for any judicial district in which the service
provider may be found, and that the subscriber will accept service
of process from the person who provided notification under subsection (c)(1)(C)
or an agent of such person.
Once the complaining party receives your claim, the DMCA permits
your service provider, the University, to restore materials or
access within two weeks — unless the complaining party serves
notice that it intends to seek a court order to restrain infringement.
University policy may mandate for other reasons that materials
or access not be restored, and that other investigation, containment,
or disciplinary measures proceed
