How to respond to false DCMA take down complaint?

Answer

rousseau
Vote Up (19)

You need to follow the counter-notice and put back procedures laid out in Sec. 512 of the DCMA. Once you provide a proper written counter-notice stating the material does not infringe copyrights as claimed, the service provider has to promptly notify the claiming party of the your objection. If the copyright owner doesn't file a lawsuit in district court within 14 days, the service provider is required to restore the material to its location on its network. [512(g)(2)(C)]

 

By far the most useful internet resource I've found is chillingeffects.org which is a project of the RFF and Harvard, et at.  In additional to explaining the legal ins and outs of online rights in as much detail as you could want outside of law school, they have a form you can use to prepare a proper counter-notice. I have it bookmarked. 

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