1. Who Can Send One
Send a counter-notice if P3RSON removed your content after a copyright takedown notice, and you believe in good faith that the content was removed by mistake or because it was misidentified. For example, you own the work, you have a license, or the use is fair use.
Do not send one if you know the content infringes. Section 512(f) of the DMCA makes a person who knowingly and materially misrepresents that material was removed by mistake liable for damages, costs and attorneys' fees.
Your removal notice from us tells you which content was removed and includes a copy of the takedown notice. Read the DMCA Policy for the full process.
2. What a Counter-Notice Must Contain
Under 17 U.S.C. Section 512(g)(3), it must be in writing and include all of the following:
- Your physical or electronic signature.
- Identification of the material that was removed, and where it appeared before removal.
- A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Your name, address and telephone number.
- A statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is located (or, if your address is outside the United States, any judicial district in which P3RSON may be found), and that you will accept service of process from the person who sent the takedown notice or that person's agent.
A counter-notice that leaves any of these out is incomplete. We tell you what is missing, and the restoration clock does not start until it is complete.
3. How to Send It
By email: send the completed form to [email protected] with the subject line DMCA Counter-Notice. You may copy [email protected].
By mail:
DMCA designated agent: Secundino Fulgencio, P3RSON, Inc., P.O. Box 6178, Astoria, NY 11106, USA
A typed name counts as an electronic signature.
4. Copy-and-Send Form
Copy everything below this line, fill in each blank, and send it.
DMCA Counter-Notice
Your details
Full name:
P3RSON account name or email:
Mailing address:
Telephone number:
Email address:
The removed material
Link or description of each removed item (one per line):
Where it appeared before it was removed:
Date you received our removal notice:
Why it was removed by mistake (optional but helpful)
Explain briefly: your ownership, your license, or why the use is permitted:
Required statements
I swear, under penalty of perjury, that I have a good-faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material.
I consent to the jurisdiction of the federal district court for the judicial district in which my address above is located (or, if my address is outside the United States, any judicial district in which P3RSON, Inc. may be found), and I will accept service of process from the person who provided the takedown notice or an agent of that person.
I understand that P3RSON will send a copy of this counter-notice, including my name and contact details, to the person who sent the takedown notice.
Signature
Signature (type your full legal name):
Date:
5. Timeline
| Step | Timing |
|---|---|
| We check your counter-notice for the required items | On receipt |
| We send a copy to the person who filed the takedown | Within a few business days |
| We tell them we will restore the material unless they notify us they filed a court action | At the same time |
| We restore the material | Not sooner than 10 and not later than 14 business days after we received your counter-notice, unless they notify us they filed a court action |
6. What Happens Next
If the claimant does not file a court action: we restore the material and tell you. The takedown no longer counts toward the repeat-infringer count described in the DMCA Policy.
If the claimant tells us they filed a court action: the material stays down until the court acts or the claimant withdraws the claim. The takedown still counts while it stays down.
If you do nothing: the material stays removed and the takedown counts toward the repeat-infringer count. Three valid takedowns lead to a 7-day suspension. The fourth leads to termination.
By sending a counter-notice you accept that the claimant may sue you in federal court and may serve you with the papers using the address you provide.
7. Privacy
We give the claimant your name, contact details and counter-notice. They may use them to bring a court action. Do not include information you do not want shared with them.
8. Contact
[email protected]. For other questions: [email protected].