Procedures for
Making Claims of On-line Infringement Under the DMCA:
Cornell
University, Office of University Counsel, 1999 (revised in 2002)
1) Submit notification of infringement to the agent designated by the
Internet service provider.
2) Notification of infringement must
contain the following elements:
• physical or electronic
signature
• identification of
the infringed work
• identification of
the infringing material
• contact information
for complainant
(e.g. address,
telephone number or e-mail address)
• statement that the
complaining party has a good faith belief that the use of the material is not
authorized by the copyright owner or by law
• statement that the
information contained in the notification is accurate, and, under penalty of
perjury, that the complaining party is authorized to act on behalf of the copyright
owner.
3) The accused infringer may file a counter notice with the service
provider. A counter notice must contain
all of the following elements:
• physical or
electronic signature
• identification of
removed material
• statement, under
penalty of perjury, that the accused infringer has a good faith belief that the
material was removed or disabled as a result of mistake or misidentification of
the material
• accused infringer's
name, address, telephone number
• statement that the
accused infringer consents to the jurisdiction of the Federal District Court
for the judicial district in which his/her address is located, or, if that
address is outside of the United States, for any judicial district where the
service provider may be found, and that the accused infringer will accept
service of legal papers from the person who provided the notification of
infringement.
4) The person who provided the original
notification of infringement will be provided with a copy of the counter
notification.
5) The removed or disabled material will
be reinstated in response to a counter notice unless the party complaining of
infringement commences a court action.
6) You may seek the identity of an
alleged infringer from a service provider by serving a subpoena issued by the
Clerk of the Federal Court.