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A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and; An electronic or physical signature (which may be a scanned copy) of the copyright owner. A complaint can be submitted by: Sending a letter to our registered copyright agent.
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.
The first way an OSP can be put on notice is through the copyright holder's written notification of claimed infringement to the OSP's designated agent. This must [13] include the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A Notice of Claimed Infringement or NOCI is a notice from the owner of a copyrighted material to an online service provider. The notice identifies copyrighted material, alleges unauthorized use, and demands expeditious removal.
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]
A copyright notice may still be used as a deterrent against infringement, or as a notice that the owner intends on holding their claim to copyright. [3] It is also a copyright violation, if not also a federal crime, to remove or modify copyright notice with intent to "induce, enable, facilitate, or conceal an infringement". [4]
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.
YouTube removed the video, and notified Lenz of the removal and the infringement accusation. 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.