Counter notification and replacement of material

The page owner, subscriber or other user (the “User”) whose use is the subject of a DMCA notification may provide a counter notification to the University’s DMCA agent (the “Agent”) responding to the notification.  A counter notification must be a written communication provided to the Agent that includes substantially the following:

(1)        A physical or electronic signature of the User;

(2)        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;

(3)        A statement under penalty of perjury that the User 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; and

(4)        The User’s name, address and telephone number and a statement that the User consents to the jurisdiction of the federal district court for the judicial district in which the address is located or, if the User’s address is outside the United States, for any judicial district in which the service provider (i.e., the University) may be found and that the User will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a counter notification, the University should promptly provide the party from whom the DMCA notification came (the “Complaining Party”) with a copy of the counter notification and inform the Complaining Party that the University will replace the removed material or cease disabling access to it in ten business days.

The University should then replace the removed material and cease disabling access to it not less than ten nor more than fourteen business days following receipt of the counter notice unless the Agent first receives notice from the Complaining Party that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on the University’s system or network.  If the Agent receives notice of such an action, the University should not re-post the allegedly infringing work.  The University should instead forward the notice to the User and to the appropriate University administrator for response.