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How to Resolve a Strike: You can resolve a strike by (1) submitting a counter notification in compliance with the DMCA (see “How to Submit a DMCA Counter Notification”); or (2) working directly with the copyright claimant to resolve the issue and obtaining a retraction of the DMCA notice from the copyright claimant.
How to Submit a DMCA Counter Notification: A DMCA “counter notification” is a legal request by you asking the Company to repost or relink content that the Company removed for alleged copyright infringement. Under the DMCA, the counter notification process may be used only where the content was removed as a result of a mistake or misidentification. If content you posted has been misidentified as infringing, you may submit a counter notification to firstname.lastname@example.org which must include the following:
• The user’s physical or electronic signature; • Identification of the content that has been removed and the location where it appeared before it was removed; • A statement under penalty of perjury that the user has a good faith belief that the material was removed as a result of mistake or misidentification; • The user’s name, address, and telephone number; • A statement that the user consents to the jurisdiction of the Federal District Court for the judicial district in which the user’s address is located (or any judicial district if your address is outside the United States) and will accept service of process from the person or entity who provided the DMCA notification.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that content was removed or disabled due to mistake or misidentification may be liable for damages. The counter notification must be submitted by the original uploader of the content or by an attorney or other agent authorized to act on his or her behalf. The Company will forward the counter notification, including the user’s name and contact information, to the person or entity that filed the DMCA notice, which person or entity may file a lawsuit against the member for copyright infringement. If the Company does not receive notice that a lawsuit has been filed within ten business days after we send the counter notification, the Company will restore the removed content.
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