When we receive a notification of alleged copyright infringement, we remove the posting that is the subject of the notification. If we remove one of your videos, we email you, and place a note in your account at http://youtube.com/account#manage/status_copyright
If you believe your content was misidentified as infringing, you may file a counter-notification. If you did not have all of the rights to post the material at issue, you MUST NOT submit a counter-notification. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be liable for damages.
There are two processes for counter-notifications:
- DMCA counter-notification
- International counter-notification
If the original claim of alleged infringement was submitted under Section 512(c) of the Digital Millennium Copyright Act, you must use the DMCA counter-notification.
International claimants in some countries may submit claims under a slightly different process. In these cases, while the DMCA counter-notification is still acceptable, a user who does not live in the United States may alternatively respond with an international counter-notification.
The chief difference is that the DMCA process requires that the user consent to the jurisdiction of a United States court.
How do I file a DMCA counter-notification?
The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be liable for damages. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
A counter-notification must include the following specific elements:
- Identification of the specific URLs of material that YouTube has removed or to which YouTube has disabled access.
- Your full name, address, telephone number, and email address, and the username of your YouTube account.
- The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which YouTube is located, and will accept service of process from the claimant."
- The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Signature. A scanned physical signature or a valid electronic signature will be accepted.
A sample counter-notification may be found at: http://www.chillingeffects.org/dmca/counter512.pdf.
We can only accept a counter-notification directly from the user from whose account a video has been disabled. For verification, we require that counter-notifications be submitted from the email address associated with the account.
Direct email should be addressed to copyright@youtube.com, with Subject: YouTube DMCA Counter-Notification
We also have an online counter-notification submission form available. Please see http://www.google.com/support/youtube/bin/answer.py?hl=en&answer=155562
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on YouTube. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THESE MATERIALS FOR INFORMATIONAL PURPOSES ONLY.
How do I file an International* counter-notification?
To file a counter-notification with us, you must provide a written communication that sets forth the items specified below. Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. So, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact a lawyer.
A counter-notification must include the following specific elements:
- Identification of the specific URLs of material that YouTube has removed or to which YouTube has disabled access.
- Your full name, address, telephone number, email address and the username of your YouTube account.
- The statement "I will accept service of process from the person who provided YouTube with the original copyright complaint or an authorised agent of such person."
- The statement: "I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Signature. A scanned physical signature or a valid electronic signature will be accepted.
We can only accept a counter-notification directly from the user from whose account a video has been disabled. For verification, we require that counter-notifications be submitted from the email address associated with the account.
Direct email should be addressed to copyright@youtube.com, with Subject: YouTube DMCA Counter-Notification
We also have an online counter-notification submission form available. Please see http://www.google.com/support/youtube/bin/answer.py?hl=en&answer=155562
After we receive your counter notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter notification, it includes your personal information. By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant. We may then reinstate the material in question at our discretion.
*If you have questions about the originating locale of the complaint against your video, please email copyright@youtube.com
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THESE MATERIALS FOR INFORMATIONAL PURPOSES ONLY.
