To guarantee that copyright proprietors don’t wrongly insist upon removing materials that really don’t infringe their copyrights, the safe harbor provisions require providers to inform the subscribers if their materials happen to be removed and also to give them an chance to transmit an itemized notice towards the company proclaiming that the fabric continues to be wrongly removed. [512(g)] If your subscriber supplies a proper "counter-notice" claiming the material doesn’t infringe copyrights, the company must then quickly inform the claiming party from the individual’s objection. [512(g)(2)] When the copyright owner doesn’t bring a suit in district court within fourteen days, the company will be needed to revive the fabric to the location on its network. [512(g)(2)(C)]
An effective counter-notice must retain the following information:
- The subscriber’s name, address, telephone number and physical or electronic signature [512(g)(3)(A)]
- Identification from the material and it is location before removal [512(g)(3)(B)]
- An announcement under penalty of perjury the material was removed in error or misidentification [512(g)(3)(C)]
- Subscriber accept to local federal court jurisdiction, or maybe overseas, for an appropriate judicial body. [512(g)(3)(D)]
If it’s determined the copyright holder misrepresented its claim concerning the infringing material, the copyright holder then becomes prone to the individual injured for just about any damages that resulted in the improper elimination of the fabric. [512(f)]
See also Lumen’s DMCA counter-notification generator.
Resourse: http://chillingeffects.org/
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