Notice Requirements For Takedown Demands Pursuant to DMCA (17 U.S.C. §512(c)(3)(A)(i-vi)) and Counter-Notification and "Put-Back" provisions DMCA §512(g)(3)(A-D)

A. Each "takedown" demand notice must include all of the following to be compliant with the DMCA:

(1) A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work in question (17 U.S.C § 512 (c) (3)(A)(i));

(2) Identification of the copyrighted work or works claimed to have been infringed, e.g., a copy of the work, or, in the case of multiple works a representative set of samples (17 U.S.C § 512 (c) (3)(A)(ii));

(3) Identification of the material that is claimed to be infringing that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit the ISP to locate the material (e.g., the web address of the infringement)(17 U.S.C § 512 (c) (3)(A)(iii));

(4) Information reasonably sufficient to permit the ISP to contact the complaining party (e.g., you), such as an address, telephone number, and, if available, an electronic mail address (17 U.S.C § 512 (c) (3)(A)(iv));

(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law (17 U.S.C § 512 (c) (3)(A)(v)); and

(6) A statement, under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (17 U.S.C § 512 (c) (3)(A)(v)).

Note: The takedown notice recipient should be the "Designated Agent" registered with the U.S. Copyright Office. You may also send to the following email address: dmca @ hookupbucks . com

The Following must not be in a takedown notice:

(1) Misrepresentations concerning copyright infringement. (DMCA subjects a party misrepresenting copyright infringement to liability for damages incurred as a result of the wrongful removal or blocking of the material, and associated court costs and attorney's fees.

(2) Defamatory statements.

(3) Threats of criminal prosecution.

B. Each "counter-notification and "put-back" request must include all of the following under DMCA §512(g)(3)(A-D):

(1) A physical or electronic signature of the alleged infringer;

(2) Identification of the material that has been removed or to which access has been disabled and the location before removal;

(3) A statement under penalty of perjury that the alleged infringer 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;

(4) Their name, address, and telephone number, and a statement that the sender consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the sender's address is outside of the United States, for any judicial district in which the service provider may be found, and that they will accept service of process from the person who provided notification under subsection (c)(1)(C) of §512 of the DMCA or an agent of such person.

The online service provider ("OSP") who received the takedown notice has the obligation of promptly informing the takedown notice issuer of the counter-notification it received and that it will be "putting back" the material online.

If the OSP has received a proper counter-notification and "put-back" request, the OSP must "put back" the material online or be potentially liable to the alleged infringer unless the OSP has an independent contractual right with the alleged infringer not to be required to continue to host the material.