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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.
Non-commercial and open-source peer-to-peer services were able to survive from these case laws, leading entertainment groups to deploy software on the services to track downloads, [79] and subsequently attempted to serve takedown notices and sue users on the services for copyright violations under the DMCA since around 2003. [80]
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]
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 owner of the site can issue a counter-notice to restore payment processing and advertising, but services need not comply with the counter-notice." [ 61 ] Goodlatte stated, "We're open to working with them on language to narrow [the bill's provisions], but I think it is unrealistic to think we're going to continue to rely on the DMCA notice ...
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]
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