Countering a Claim of Infringement

The Digital Millennium Copyright Act Section 512 (g)(3) requires that a counter claim of copyright infringement provide certain information specified below. DMCA Section 512 (f) defines penalties for knowingly misrepresenting a counter claim.

To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent that includes substantially the following:

(A) A physical signature of the subscriber.

(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

[This information will normally be included in the notice you receive from the DMCA agent. You may want to expand on it or distinguish some materials from others. Please include a URL such as http://... or ftp://... identifying the material or representative material. Specify any IDs, passwords or other authorization required to access the material.]

(C) A statement under penalty of perjury that the subscriber has 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.

[If you have any permissions for subject materials, please identify them. If you believe materials to be quotable under Fair Use doctrine, please state your case with reference to the four principles of Fair Use.]

(D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Once the complaining party receives your counter-claim, the DMCA permits your service provider to restore materials or access in 10-14 business days--unless the complaining party serves notice that it intends to seek a court order to restrain infringement. Lowell Telecommunications Corporation (LTC) policy may mandate for other reasons that materials or access not be restored, and that other investigation, containment, or disciplinary measures proceed.

Use this .PDF Form to file a Counter-Claim of Copyright Infringement. Type the required information in the designated fields, print the form, sign it, and fax it or send it through the mail to the designated agent.