If you are on the receiving end of a DMCA takedown notice and you believe it to have been made in error, mistake, or misidentification, you may choose to file a DMCA counter notice. The DMCA provides a process for people who believe their content has been inappropriately or incorrectly removed due to a takedown notice. It is important to know that filing a counter notice may complicate any legal actions taken against you and you should consult a lawyer before choosing to file one. You should also read our DMCA takedown process and repeat offender policy before filing.
After receiving your counternotice, we will review it and, upon determining its completeness, we will submit a copy to the entity claiming copyright infringement against you. At this point, the entity claiming infringement will have 10 days to file a lawsuit against you. If they do not within that 10 day period, then we will notify you and re-establish your content. This does not mean that you are safe from potential legal action to be taken against you by the entity claiming copyright infringement. This only means that we at Westchester North have done our part, as prescribed by the DMCA, to protect intellectual property rights and the rights of those who may be wrongfully accused of infringement. See this article for more information on DMCA counternotices.
In order to process your counternotice, we will need the following information. Please submit the following information to our designated copyright agent who’s contact information you will find at the bottom of this page.
URL of the content in question. Your content will likely have been removed at this point, so the appropriate URL would be that of your listing:
Description of the content in question:
Below you will be asked to sign a statement indicating that you believe the DMCA takedown notice regarding your content was made in error. If you would like, you may explain your reasoning here. This notice will be delivered to the entity claiming copyright infringement, so if you would like, this is a potential opportunity to explain your case.
Sign the following:
I have read and understand Westchester North’s DMCA takedown process and repeat offender policy. I swear under penalty of perjury, that I have a good faith belief that the material in question was removed as a result of a mistake or misidentification. I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located, and I will accept service of process from the person who filed the DMCA takedown notice or an agent of that person.
Note: Typing your name here serves as an electronic signature and is legally binding.
All questions, concerns, and correspondences regarding copyright issues should be directed to our designated copyright agent:
The Westchester Hub
40 Village Green, #667
Bedford, NY 10506