Code, Title 17, Section 512(g).) Whether you decide to explain why you believe there was a mistake is up to you and your lawyer, but you do need to identify a mistake before you submit a counter notice.Ĭopyright Laws Are Complicated. In order to file a counter notice, you must have “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.” ( U.S. You Must Have a Good Reason to Submit a Counter Notice. You should conduct a thorough investigation into the allegations made in the takedown notice and probably talk to a lawyer before submitting a counter notice. If the complaining party disagrees that their takedown notice was mistaken, they might decide to file a lawsuit against you to keep the content disabled. Submitting a DMCA counter notice can have real legal consequences. Code, Title 18, Section 1621.) Submitting false information could also result in civil liability-meaning you could incur a financial penalty. It is a federal crime to intentionally lie in a sworn declaration. The DMCA requires that you swear to your counter notice under penalty of perjury. This guide isn’t legal advice and shouldn’t be taken as such. We strongly encourage you to do so before taking any action that might impact your rights. Īs with all legal matters, it is always best to consult with a professional about your specific questions or situation. Our counter-notice form, set forth below, is consistent with the form suggested by the DMCA statute, which can be found at the U.S. If you do, we will wait 10-14 days and then re-enable your content unless the copyright owner initiates a legal action against you before then. If you believe your content on Buffer was mistakenly disabled by a DMCA takedown request, you have the right to contest the takedown by submitting a counter notice. If you have more general questions about what the DMCA is or how Buffer processes DMCA takedown requests, please review our DMCA Takedown Policy. This guide describes the information that Buffer needs in order to process a counter notice to a DMCA takedown request.
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