Sample DMCA CounterNotice letter when claiming fair use of a copyrighted work

This sample letter, originally created by the Fair Use Network, has been edited by New Media Rights, and is provided for users and creators who have received a DMCA section 512 "takedown" notice.

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

[Name & Title of Copyright 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. Each of these files is a permissible fair use under 17 USC § 107. [optional: Include discussion of the four fair use factors. Emphasis on transformativeness, nonprofit or personal use, and lack of market harm, are particularly helpful. See "Fair Use" for more information. If you are uncertain, consult an attorney to determine whether your use is likely fair or not.] 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,

 

[Target's Name]
[Street Address]
[City], [State] [zip]

cc: [Target's attorney, if applicable]
[ChillingEffects.org (recommended)]

 


URLS and/or Files Mistakenly Taken Down:

URL or File #1
URL or File #2
etc.

Topics: 

Content Types: 

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