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Like the original notification, the counter notification include specific elements: [10] The subscriber's name, address, phone number and physical or electronic signature. Identification of the material and its location before removal. A statement under penalty of perjury that the material was removed by mistake or misidentification.
This is incorrect. The ISP must act expeditiously. The ten-day period refers to the counter notification procedure described in Section 512(g) after the infringing material has been removed, offering them an opportunity to counter the allegations presented to the ISP not during the stage of the so-called "take down" procedure.
In April 2013, it was reported that Universal Music Group and YouTube have a contractual agreement that prevents content blocked on YouTube by a request from UMG from being restored, even if the uploader of the video files a DMCA counter-notice. When a dispute occurs, the uploader of the video has to contact UMG.
The DMCA is the basis for the design of the YouTube copyright strike system. [1] For YouTube to retain DMCA safe harbor protection, it must respond to copyright infringement claims with a notice and take down process. [1] YouTube's own practice is to issue a "YouTube copyright strike" on the user accused of copyright infringement. [1]
Computer programs, solely for the purpose of investigating a potential infringement of free and open source computer programs; Video games in the form of computer programs, embodied in lawfully acquired physical or downloaded formats, and operated on a general-purpose computer, where circumvention is undertaken solely for the purpose of ...
Lenz in turn sent YouTube a counter-notification, claiming fair use and requesting that the video be reposted. Six weeks later, YouTube reposted the video. In July 2007, Lenz sued Universal for misrepresentation under the DMCA, and sought a declaration from the court that her use of the copyrighted song was non-infringing. [3]
The entertainment company Viacom sued YouTube, the video-sharing site owned by Google, alleging that YouTube had engaged in "brazen" and "massive" copyright infringement by allowing users to upload and view hundreds of thousands of videos owned by Viacom without permission. [2] Google was brought into the litigation as YouTube's corporate owner.
January 2022: Removal of YouTube videos for fan-made Pokemon first person shooter. [59] January 2024: DMCA takedown of Palworld mod to add Pokemon. [41] March 2024: Pokemon fan game site Relic Castle receives DMCA takedown. [43] April 2024: DMCA takedown of Nintendo-related Steam Workshop content for Garry's Mod. [45]