Digital Millennium Copyright Act Notice Template

A Digital Millennium Copyright Act Notice or DMCA notice informs a company or other entity that they are hosting or have a link to some online content that is copyrighted and not able to be used or displayed by the offending company.

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Digital Millennium Copyright Act Notice

We believe that copyright violation is a serious matter and will take action upon proper notice to protect the legal rights of copyright owners. The Digital Millennium Copyright Act (DMCA) is a United States copyright law that provides online service providers immunity from liability for copyright infringement if they promptly remove the offending content once notified of an alleged infringement by the Copyright owner or his designated Agent.

You may file a complaint with [Company name] if you believe that content hosted by [Company name] has been posted without your authorization and violates your copyright. We can be contacted as follows:

ELECTRONICALLY:  [Enter Email]
BY MAIL:  [Enter Address]

Your DMCA notice must be valid in order to be acted upon. A valid DMCA notice contains the following information:

  1. A description of the infringing material;
  2. Identification (preferably with a URL) of where the infringing material is located;
  3. Identification (preferably with a URL) of where the original material is located;
  4. A statement that you have good faith belief that the infringing use is not authorized by the Copyright Owner, their designated Agent or by law;
  5. A statement under penalty of perjury that the information in the notice is accurate and that you are the Copyright Owner or an authorized Agent to act on behalf of the Copyright Owner;
  6. Contact information such as name, address, phone number and email address; and
  7. A physical or electronic signature of the authorized individual.

DMCA Counter-Notice
If your material has been removed upon our receipt of a DMCA notice, and you feel that such removal was in error, please provide [Enter Company name] with a written counter-notification containing the following information:

  1. The specific URLs of the material that was removed;
  2. Your email address, telephone number and physical address;
  3. A sworn statement, under penalty of perjury, that you have a good faith belief that the material was removed as a result of mistake or misidentification;
  4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district where you live (or to the federal district courts located in [Enter Company’s County and State] if you are located outside of the United States) and that you will accept service of process from the person who filed the DMCA notice or the agent thereof; and
  5. Your physical or electronic signature.

Upon receiving a valid counter-notice, [Enter Company name] will contact the party that filed the original DMCA notice. That party will then have ten days to file legal action in regards to the claimed copyright violation and to notify us that such action has been taken. [Enter Company name] may choose to restore the material at issue if no notice is received within this ten-day period.

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Template Documents Disclaimer:

Please read the following carefully. These terms about the templates (“Template Documents”) library (“Template Documents Disclaimer”) govern your use of the Template Documents and supplement the Concord Free Account Terms or the Concord Commercial Terms, whichever may be applicable to you and which is hereby incorporated by reference. All Template Documents are provided on a nonexclusive license basis only for your personal or internal business use for noncommercial purposes, without any right to relicense, sublicense, distribute, assign or transfer such license.  Template Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, timeliness, accuracy and/or appropriateness.  THE DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  The Template Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions as the Template Documents are only samples and may not be applicable to a particular situation.