Filing a DMCA Counter Notification

If you have been informed that Revelator has received a DMCA notification for one of your assets and you believe this DMCA takedown request is without basis, you have the option to react by sending a DMCA Counter-Notification (CN) directly to the Claimant's email (and CC'in infringement@revelator.com). 

IMPORTANT: If you wish to proceed with filing a DMCA counter-notification, note that you are now also required to formally indemnify Revelator. As such, we strongly recommend that you perform your own review of the takedown request together with the reported content, and only move forward with submitting a counter-notification if you are confident in your client’s rights. 

Please understand that we will no longer accept counter-notifications without the indemnification. 

When filing your counter-notification, please also ensure that you send us the following text to indemnify us:

1. [Your entity's name] holds all relevant rights to the concerned content (the Content) and the Claim is unfounded; and
2. [Your entity's name] will defend, indemnify and hold Revelator and its affiliates harmless for any and all losses against Revelator or its affiliates for damages, liabilities, costs and expenses (including all court expenses and counsel fees) arising out of any claim relating to the Content.
3. To the extent the claimant alleges the Content infringes its publishing rights (in addition to its rights in the sound recording), that [Your entity's name]’s representations and indemnification confirmation above specifically include this type of claim and any claims related to the underlying composition.

Please read the following instructions for filing a DMCA counter-notification and make sure to include the text below:

1. By filing a DMCA CN you are significantly escalating the matter. If the claimant does not agree with your DMCA CN, their next response will be to file suit in court against you. In other words, you should only file a DMCA CN if you can present documents proving your ownership over the content and you are prepared to fully defend your own claim in court. 
2. DMCA CN must be filled and signed by the copyright owners themselves (in some cases it’s your client/ partner). 
3. Be sure to include all the relevant information where indicated in bold and all the items requested; otherwise, your DMCA CN will not be considered valid.
4. The DMCA CN should be sent directly to the Claimant with infringement@revelator CC'd. 

If the Claimant receives the CN by email and still wishes for your content to be removed, they will then have 10 business days to inform us that they have filed a suit against you in court. If they do not inform us of this within 10 business days, Revelator will reinstate your content (in case it was already removed).

Please note that some DSPs do not respect DMCA CN automatically. However, if you have the rights to the content, filing it is a good practice that can help us reinstate your content later along the way. 

TEXT OF THE DMCA COUNTER-NOTIFICATION EMAIL:
(to be filled by the copyright owner)

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 the Notice of Infringement from [name of the party who submitted the Notice of Infringement]. This letter is a Counter-Notification as authorized in § 512(g) of the U.S. Copyright Law. I have a good faith belief that the material that was removed or disabled as a result of the Notice of Infringement as a result of a mistake or misidentification of the material. I, therefore, request that the material be replaced and/or no longer disabled.

You are registered with the U.S. Copyright Office as the Designated Service Provider Agent to receive notifications of alleged Copyright infringement with respect to users of the Service for which you are the Designated Agent.

1. The material in question is:

• Release and track name
• Artist name
• All relevant UPC(s) & ISRC(s) (unless there are none)

2. My contact information is as follows:

• Your full legal name (your personal name, not your company's name)
• The name of your company
• Your physical address
• Your email address
• Your telephone number

If you are located in the USA, use this #3 (do NOT include this #3 if you are NOT located in the USA):

3. I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (solely for the purposes of the resolution of this dispute), and I agree to accept service of process from the person who provided the Notice of Infringement.

Or if you are located outside the USA, use this #3 (do NOT include this #3 if you are located in the USA):

3. I consent to the jurisdiction of any Federal District Court (solely for the purposes of the resolution of this dispute), and I agree to accept service of process from the person who provided the Notice of Infringement.

4. I have a good faith belief that the material removed or disabled following the Notice of Infringement was removed or disabled because of a mistake or misidentification of the material. I, therefore, request that the material be replaced and/or no longer disabled.

I declare under the perjury laws of the United States of America that this notification is true and correct.

Date: 

Signature: (you can just retype your name if you don't have a digital signature)