Sample DMCA CounterNotice letter for non-copyright claims

Below we include a sample DMCA § 512(g) counternotice to a § 512(c) webhost provider, for use of noncopyrighted material. This notice is available for users to copy, paste, and edit as appropriate for their situation.

[Name & Title of Copyrightⁱ Agent from the entity that sent the notice]
[Webhost Name]
[Street Address]
[City], [STATE] [zip]

[Date]

RE: DMCA § 512(g) CounterNotice responding to Notice Dated ____

Dear [name or title of Copyright Agent],

Please replace the material which you have removed or taken down pursuant to your notice of [date that ISP notice was sent], sent by [name of original complainant, if known]. I am attaching a list of [URLs or filenames] which you have blocked or disabled. I understand you must notify the original complainant, but can put my materials back online within 10-14 business days of receipt of this notice.

I have a good faith belief that this material was removed or disabled in error. The files that were originally cited as "copyrighted material" are not, in fact copyrighted. [choose the relevant reason]

Choose the appropriate explanation:

They consist solely of facts, methods, or systems, which are unprotectable under 17 USC § 102. See also Feist Publications, Inc., v. Rural Telephone Serv. Co., Inc., 499 U.S. 340 (1991).

They consist solely of names, titles, and short phrases or expressions, which are not subject to copyright protection, and may not therefore be the subject of a DMCA § 512(c) takedown notice.

They were published in [year] and are in the public domain.

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

For the purposes of this matter, I consent to the jurisdiction of the Federal District Court for the judicial district in which I reside. I also consent to service of process by the person providing notification under Section 512(c) or that person's agent.

I would appreciate being informed if there are any delays or difficulties in promptly returning my content online.

Sincerely,

[Your Name]
[Street Address]
[City], [State] [zip]

cc: [Your attorney if applicable]
[ChillingEffects.org if applicable]

URLS and/or Files Mistakenly Taken Down:

List of URLs and/or Files