Part One: Filing a counter-notification - Disputing a Copyright Claim in the United States

When we receive a notification of alleged copyright infringement, we remove the posting that is the subject of the notification. If we remove one of your notes, we email you to give you notice.

If you believe your content was misidentified as infringing, you may file a counter-notification. If you did not have all of the rights to post the material at issue, you MUST NOT submit a counter-notification. Under Section 512(f) of the Copyright Act, any person who knowingly misrepresents that text was removed by mistake or misidentification may be subject for damages.

Filing a DMCA Counter-Notification

If the original claim of alleged infringement was submitted under Section 512(c) of the Digital Millennium Copyright Act, you must use the DMCA counter-notification.

International claimants in some countries may submit claims under a slightly different process. In these cases, while the DMCA counter-notification is still acceptable, a user who does not live in the United States may alternatively respond with the international counter-notification which follows this one.

The chief difference is that the DMCA process requires that the user consent to the jurisdiction of a United States court.

A counter-notification must include the following specific elements:

Identification of the specific note that Fastnote has removed.
Your full name, address, telephone number, and email address.
The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which Fastnote is located, and will accept service of process from the claimant."
The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed as a result of a mistake or misidentification."
Signature. A scanned physical signature or a valid electronic signature will be accepted.

You can submit a counter-notification by filling out the form below. Since this information will be forwarded to the claimant, your identity will be revealed. If have any questions about any part of this process, please consult your legal counsel.

The DMCA Counter-Notification Form

Required fields are indicated with a red asterisk.

1) Please enter your Fastnote Sign-In ID:
2) * Please enter your Full Legal Name:
3) * This section should be pre-filled with the Names and/or note you wish to reference. If it is not, you can get it to enter automatically (Click Here to see how). To enter manually, enter the Name and descriptive information and then, if you wish to reference a specific note to that Name, also enter the date/time and writer's location as is shown to the left of the note, the Topic of the note and the full text of the note.
4) Your Email Address:
5) * Your Street Address:
6) * Your City
7) * Your State/Region
8) * Your Zip Code or Postal Code
9) * Your Country

10) * By checking the following boxes, I am asserting the following:
I swear, under penalty of perjury, that I have a good faith belief that the material was removed as a result of a mistake or misidentification.
I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside the United States, the judicial district in which Fastnote is located, and will accept service of process from the claimant.
11) * Please provide a brief statement of explanation. This will not be forwarded to the claimant:
0 of 500 allowed characters
12) If you would like us to forward a note to the person who filed the claim against your note, please write it here (this is entirely optional): forwarded to the claimant:
0 of 200 allowed characters
13) We can only accept a counter-notification directly from the user from whose account the note was originally entered into Fastnote. For verification, we require that counter-notifications be submitted from the email address assciated with the writer's Fastnote account.
14) * Typing your full name in the box below serves as your electronic signature confirming that all your claims on this form are true to the best of your knowledge and that you understand that filing a false counter-notification may result in termination of your Fastnote account.

Important Note: After we receive your counter-notification, we will forward it to the person who submitted the original claim of copyright infringement. Since your counter-notification includes your personal information, you consent to having your information revealed in this way. We will not forward this information to any outside party other than the original claimant. We may simply reinstate the note in question at our discretion.

After we send the counter-notification to the claimant, he or she has 10 business days to notify us that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity. If we receive such notification we will be unable to restore the note. If we do not receive such notification, we may reinstate the note.

DISCLAIMER: WE ARE NOT YOUR ATTORNEYS. THE INFORMATION WE ARE PROVIDING HERE IS NOT LEGAL ADVICE AND IS BEING PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY.

Part Two: Filing a counter-notification - Disputing a Copyright Claim Outside the United States

Filing an International Counter-Notification

Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. Please also be advised that we may cancel the membership of users who are repeat infringers. So, if you are not sure that a specific note infringes someone's copyright, please contact a lawyer.

A counter-notification must include the following:

Identification of the note that Fastnote has removed.
Your full name, address, telephone number, and email address.
The statement "I will accept service of process from the person or authorized agent of the person who filed the copyright complaint with Fastnote."
The statement: "I have a good faith belief that the material was removed as a result of a mistake or misidentification."
Signature. A scanned physical signature or a valid electronic signature will be accepted.

International Counter-Notification Form

[Required fields are indicated with a red asterisk]

1) Please enter your Fastnote Sign-In ID:
2) * Please enter your Full Legal Name:
3) * This section should be pre-filled with the Names and/or note you wish to reference. If it is not, you can get it to enter automatically (Click Here to see how). To enter manually, enter the Name and descriptive information and then, if you wish to reference a specific note to that Name, also enter the date/time and writer's location as is shown to the left of the note, the Topic of the note and the full text of the note.
4) Your Email Address:
5) * Your Street Address
6) * Your City
7) * Your State/Region
8) * Your Zip Code or Postal Code
9) * Your Country
10) * By checking each of the following boxes, I am asserting that:
I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
I will accept service of process from the person who provided Fastnote with the original copyright complaint or an authorized agent of such person.
11) * Please provide a brief statement of explanation. This will not be forwarded to the claimant:
0 of 500 allowed characters
12) If you would like us to forward a note to the person who filed the claim against your note or addressee entry, please write it here (this is entirely optional):
0 of 200 allowed characters
13) We can only accept a counter-notification directly from the user from whose account a note or addressee has been removed. For verification, we require that counter-notifications be submitted from the email address associated with the account.
14) * Typing your full legal name in the box below will act as your digital signature to confirm that all your statements and assertions on this form are true to the best of your knowledge and that you understand that filing a false or bad-faith counter-notification may result in penalties against your Fastnote account including possible termination.

Important Note: After we receive your counter notification, we will forward it to the person who submitted the original claim of copyright infringement. Note that forwarding your counter notification includes your personal information. By submitting this form, you consent to having your information revealed. We will not forward the counter-notification to any outside party other than the person filing the original claim. We may then reinstate the text in question at our option.

DISCLAIMER: WE ARE NOT YOUR ATTORNEYS. THE INFORMATION WE ARE PROVIDING HERE IS NOT LEGAL ADVICE AND IS BEING PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY.

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