File a Counter-Claim
The Digital Millennium Copyright Act requires that a counter-claim of copyright infringement sent to Evergreen's designated agent provide certain information as specified below.
DMCA section (512) (f) defines penalties for knowingly misrepresenting a claim.
DMCA Section 512 (g) (3) requires the following of notices alleging copyright infringement:
To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent that includes substantially the following:
- A physical or electronic signature of the subscriber. [As an electronic signature, Evergreen's agent accepts facsimile/fax and digitized image of your signature attached to electronic mail.]
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. [Please include a URL such as http://. or ftp://. identifying the material or representative material, such as in the DMCA agent notice to you. You may want to expand on it or distinguish some materials from others. If possible specify any IDs, passwords, or other authorization required to access the material. Please specify date, time, and timezone from which the material was observed. Technicians may require time information in order to identify dynamically assigned internet locations.]
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was re-moved or disabled as a result of mistake or misidentification of the material to be removed or disabled. [If you have any permission for subject materials, please identify them. If you believe materials to be quotable under Fair Use doctrine, please state your case with reference to the four principles of Fair Use.]
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Once the complaining party receives your claim, the DMCA permits your service provider, Evergreen, to restore materials or access in 10-14 business days-unless the complaining party serves notice that it intends to seek a court order to restrain infringement. College policy may mandate for other reasons that materials or access not be restored, and that other investigation, containment, or disciplinary measures proceed.