Please note that this page lists 2 different processes:
How do I file a DMCA counter notice?
The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf
To file a counter notification with us, you must provide a written communication that sets forth the items specified below.
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 subject to liability. 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.
Elements of Counter-Notification
A sample counter notification may be found at: http://www.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please use the following format (including section numbers):
- Identify the specific URLs of material that YouTube has removed or to which YouTube has disabled access.
- Provide your full name, address, telephone number, and email address, and the username of your YouTube account.
- Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- Include the following 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."
- Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
Send the written communication to the following address:
YouTube, LLC
Attn: YouTube DMCA Counter-Notification
901 Cherry Ave.
Second Floor
San Bruno, CA 94066
Fax: 650.872.8513
Email: copyright@youtube.com
or fax to:
(650) 872-8513, Attn: YouTube DMCA Counter-Notification
or email to:
copyright@youtube.com, Subject: YouTube DMCA Counter-Notification
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 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 THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
How do I file a counter notice (International complaints*)?
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 notice 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.
Elements of Counter Notification
To expedite our ability to process your counter notification, please use the following format (including section numbers):
- Identify the specific URLs of material that YouTube has removed or to which YouTube has disabled access.
- Provide your full name, address, telephone number, email address and the username of your YouTube account.
- Provide a statement that you will accept service of process from the person who provided YouTube with the original copyright complaint or an authorised agent of such person.
- Include the following 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."
- Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted.
Send the written communication to the following address:
YouTube, LLC
Attn: YouTube DMCA Counter-Notification
901 Cherry Ave.
Second Floor
San Bruno, CA 94066
Fax: 650.872.8513
Email: copyright@youtube.com
or fax to:
(650) 872-8513, Attn: YouTube DMCA Counter-Notification
or email to:
copyright@youtube.com, Subject: YouTube DMCA Counter-Notification
What happens next?
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 THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
