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Copyright at UVa:Counter-Notification

So you think you want to file counter-notice...

Procedure for recourse when you feel the DMCA violation notice we sent you is in error.

If you feel that you are legally using material that a copyright owner says you are infringing upon, or that the copyright owner has misidentified the material, you can file a counter-notice after you have removed the specified material from your computer or the network access to your computer has been disabled. The University will pass your counter-notice on to the copyright owner as long as it meets these requirements:

  1. You physically or digitally sign the counter-notice.
  2. You describe the material and its location before it was removed or disabled.
  3. You state under penalty of perjury that you believe in good faith the material was removed or disabled by mistake or because it was misidentified.
  4. You provide your name, address and phone number and your consent to jurisdiction of the Federal District Court for that address or any Federal District Court if the address is foreign.
  5. You state you will accept service of process from the copyright owner.

To be frank, it is rare that the copyright infringement notices we forward to you are in error. Before you go through the steps of filing counter-notice, reply to the email you received from us (UVa DMCA Investigations) and ask for assistance in identifying the file sharing software and infringing material.

Remember that counter-notices are reserved only for these circumstances:

  • You are certain you are using the material legally; or
  • You are certain the copyright owner has misidentified material you are using.

The DMCA requires that before you can file counter-notice, you MUST first delete the copyrighted materials in question from your computer.

 

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