(1) Sample/Example DMCA Counter-Notice Form (Use for non-eBay situations i.e. YouTube takedowns)

Date:____________________

[Service Provider Name]
[Service Provider Address]

To Whom It May Concern,

I am writing to you to avail myself of my rights under the Digital Millennium Copyright Act (DMCA). You recently provided me with a copy of Notice of Infringement from [name the party who submitted the Notice of Infringement]. This letter is a Counter-Notification as authorized in § 512(g) of the U.S. Copyright Law. I have a good faith belief that the material that was removed or disabled as a result of the Notice of Infringement as a result of mistake or misidentification of the material. I therefore request that the material be replaced and/or no longer disabled.

You are registered with the U.S. Copyright Office as the Designated Service Provider Agent to receive notifications of alleged Copyright infringement with respect to users of the Service for which you are the Designated Agent.

1. The material in question formerly appeared at the website address: [provide the full website address, and a link to the page on which the material appears].

2. My contact information is as follows: [provide your name, address, telephone number, and email address].

3. I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (solely for the purposes of the resolution of this dispute), and I agree to accept service of process from the person who provided the Notice of Infringement.

4. I have a good faith belief that the material removed or disabled following the Notice of Infringement was removed or disabled because of mistake or misidentification of the material. I therefore request that the material be replaced and/or no longer disabled.

I declare under the perjury laws of the United States of America that this notification is true and correct.

[your signature]
[your name]

 

 

 

(2) Sample/Example DMCA Counter-Notice Form (Use for non-eBay situations i.e. YouTube takedowns)

Month Day, Year
Sender Information:
Organization Name
Your Full Name, Title
Your Contact Email Address
Your Phone & FAX Number
Your Mailing Address
City State Zip
Recipient Information:
ABC Web Hosting, Inc.
C/O Copyright Agent for Counter Notification


Sent via: FAX and Postal Mail (or Email etc...)
DMCA Counter Notification
re DMCA Notice Submitted by [Complainant Name] received on [Notice Date]

Dear ABC Web Hosting, Inc. .

I declare, under penalty of perjury, that I have a good faith belief that the complaint against [your name] of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.

My contact information is as follows:

Organization Name
Your Full Name, Title
Your Contact Email Address
Your Phone & FAX Number
Your Mailing Address
City State Zip
Your FutureQuest Account Number
The Domain Name Affected

In consideration of the above, demand is hereby made by [Your Full Name], owner of [http://example.com], that all material removed or disabled from the ABC Web Hosting, Inc. Network as a result of the above referenced DMCA Notice, which was submitted by [Name of Complainant], dated [Month Day, Year], and executed by ABC Web Hosting, Inc. on [Month Day, Year] be restored as provided by Title 17 USC 512(g)(2)and(3).

I anticipate that you will act accordingly in ensuring that all of the material, detailed below, will be able to be restored within a minimum of ten business days and a maximum of fourteen business days as per Title 17 USC §512(f)(2) of the Digital Millennium Copyright Act from the time that you forward this Counter Notification to [Name of Complainant] which you are now required to do promptly.

The material that has been disabled or removed and that I am now demanding permission to restore on the ABC Web Hosting, Inc. is as follows:

Detailed List of Material
[include detailed list here]

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 the federal district court for the district of Florida. I consent that I will accept service of process from the person who provided notification or an agent of such person.

My actual or electronic signature follows:

Sincerely,
/s/ Your Full Name
Your Title