Posted 10 years ago
·
Author
Alright, I get allot of people asking me "How do you I file a counter DMCA?" or "I got fake DMCA. What do I do?" or "My product was DMCA. How can I fix it.". If any of those situations apply to you, then keep reading.
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First off, if you have been DMCA'd then you should have received an email that looks like this:
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Second, you will need the following tools:
1) gather all of your original PSDs and textures and files and beta versions of the product that you can find, put them all into a single folder, and zip them up
2) you will need a printer and a scanner
3) you will need a pen (preferably blue or black)
4) you will need the PID (product identification number) of the product that received the DMCA, and the product name
5) you will need your IMVU account name
6) you will need your own name, address, and telephone number
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Third, you will need to download, fill out, print, sign, and scan the following DMCA counter notice document:
Make sure you delete any sections of the template that do not apply to you, and fill in details for sections that do apply to you.
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Fourth, before sending out your counter claim, I suggest reading this:
How to File a DMCA Counter Claim (Digital Millenium Act)
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Finally, compose a new email to dmca_agent@imvu.com with the subject "DMCA Counter Notice".
Attach your DMCA counter notice document to the email.
Attach your zip file filled with your original PSDs and textures and files and beta versions of the product.
In the body of the email, write:
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First off, if you have been DMCA'd then you should have received an email that looks like this:
IMVU has received a formal and legal DMCA takedown notice for one or more of your products in our catalog. The notice alleges the following product(s) were submitted in violation of copyright:
Product ID [PID number], "[Product Name/Title]"
In accordance with IMVU policy and pursuant to DMCA guidelines, IMVU has disabled access to or removed these products from the IMVU catalog. Per DMCA guidelines, you have the right to challenge a takedown notice and assert your legal right to hold and submit the materials which are alleged to be in violation of copyright. Please refer to IMVU's policy on copyright and trademark infringement for an explanation and directions for filing a counternotice:
http://www.imvu.com/catalog/web_info.ph ... yrightinfo
In accordance with our policy, I must warn you that the posting of infringing content is a violation of our Terms of Use, and that further violations of the Terms of Use may result in termination of your account, your ability to post to our Site, and our refusal, deletion or removal of such materials. If you have questions or information pertaining to this matter, please contact me directly.
Regards,
IMVU Designated DMCA Agent
dmca@imvu.com
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Second, you will need the following tools:
1) gather all of your original PSDs and textures and files and beta versions of the product that you can find, put them all into a single folder, and zip them up
2) you will need a printer and a scanner
3) you will need a pen (preferably blue or black)
4) you will need the PID (product identification number) of the product that received the DMCA, and the product name
5) you will need your IMVU account name
6) you will need your own name, address, and telephone number
------------------
Third, you will need to download, fill out, print, sign, and scan the following DMCA counter notice document:
Make sure you delete any sections of the template that do not apply to you, and fill in details for sections that do apply to you.
------------------
Fourth, before sending out your counter claim, I suggest reading this:
How to File a DMCA Counter Claim (Digital Millenium Act)
Details of DMCA can be found at: http://www.copyright.gov/legislation/dmca.pdf
The Digital Millennium Copyright Act Section 512 (g)(3) requires that a counter claim of copyright infringement provide certain information specified below. DMCA Section 512 (f) defines penalties for knowingly misrepresenting a counter claim.
(3) CONTENTS OF COUNTER NOTIFICATION.
To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent that includes substantially the following:
(A) A physical signature of the subscriber.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
[This information will normally be included in the notice you receive from the DMCA agent. You may want to expand on it or distinguish some materials from others. Please include a URL such as http://... or ftp://... identifying the material or representative material. Specify any IDs, passwords or other authorization required to access the material.]
(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
[If you have any permissions for subject materials, please identify them. If you believe materials to be quotable under Fair Use doctrine, please state your case with reference to the four principles of Fair Use.]
(D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
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Finally, compose a new email to dmca_agent@imvu.com with the subject "DMCA Counter Notice".
Attach your DMCA counter notice document to the email.
Attach your zip file filled with your original PSDs and textures and files and beta versions of the product.
In the body of the email, write:
To Whom It May Concern,
I am writing to you to avail myself of my rights under the Digital Millennium Copyright Act (DMCA). You recently provided me with a copy of Notice of Infringement. All appropriate documentation for a DMCA counter notice has been filed and attached to this email as authorized in § 512(g) of the U.S. Copyright Law. I have a good faith that you will download and review all attachments.
Thank you
