What are the counter-notice and put-back procedures?
The DMCA provides an opportunity for you to counter-notify, to tell your ISP that the material in question is not infringing. Unless the copyright claimant brings a lawsuit within 10 business days, the ISP can put back the material and still remain immune from liability. A form for creating your own counter-notification is online at http://www.chillingeffects.org/dmca/counter512.pdf A proper counter-notice must contain the following information: • The subscriber’s name, address, phone number, and physical or electronic signature [512(g)(3)(A)] • Identification of the material and its location before removal [512(g)(3)(B)] • A statement under penalty of perjury that the material was removed by mistake or misidentification [512(g)(3)(C)] • Subscriber consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body.
