After the page owner voluntarily takes down the page or the University arranges to disable access to it, the University may receive a substantially conforming counter-notification from the page owner.
Counter-notices can only claim two things: (i) that the copyright owner is mistaken and that the work is lawfully posted or (ii) that the work has been misidentified. A page owner may assert that a use of another's work qualifies as a fair use and so the copyright owner is "mistaken" in characterizing it as infringing.
Counter-notices from page owners must contain the following:
A physical or digital signature of the page owner;
A description of the material removed and its location before it was removed;
A statement that the page owner believes in good faith that the material was removed by mistake or because it was misidentified;
The page owner's name, address and phone number and his or her consent to jurisdiction of the Federal District Court for that address or any Federal District Court if the address is foreign; and
A statement that the page owner will accept service of process from the complainer.
Under the DMCA, the University will not be liable to the owner of the page for any harm he or she might suffer because of its actions in disabling access to a page so long as it:
Takes reasonable steps to notify the page owner about the allegations in a conforming notice that it has received;
Promptly sends a copy of any substantially conforming counter-notice to the complainer indicating that it will restore access in 10 business days; and
Restores access to the allegedly infringing work within 10 to 14 business days after the day it receives the counter-notice, unless it first receives a notice from the complainer that he or she has filed an action seeking a court order to restrain the page owner.
If the University receives notice that the complainer has filed an action seeking a court order to restrain the page owner, the University will not repost the allegedly infringing work. It will forward the notice to the page owner and to the Office of the General Counsel for response as appropriate.
Developed by the Information Security, Policy, and Records Office, University of Virginia (adapted from related materials developed by the University of Texas System)
Comments to Jason C. Belford at firstname.lastname@example.org
Revisions: January 2016, August 2015, July 2012, March 2011