# Guide to Submitting a DMCA Counter Notice This guide describes the information that Nordcraft needs in order to process a counter notice to a DMCA takedown request. We answer how we process requests. This guide describes the information that Nordcraft needs in order to process a counter notice to a DMCA takedown request. If you have more general questions about what the DMCA is or how Nordcraft processes DMCA takedown requests, please review our [DMCA Takedown Policy](/content/terms/dmca-takedown-policy/index.html). If you believe your content on Nordcraft was mistakenly disabled by a DMCA takedown request, you have the right to contest the takedown by submitting a counter notice. If you do, we will wait 10-14 days and then re-enable your content unless the copyright owner initiates a legal action against you before then. Our counter-notice form, set forth below, is consistent with the form suggested by the DMCA statute, which can be found at the U.S. Copyright Office's official website: [https://www.copyright.gov](https://www.copyright.gov/). As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. This guide isn't legal advice and shouldn't be taken as such. ## Before You Start - **Tell the Truth.** The DMCA requires that you swear to your counter notice under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration. (See [U.S. Code, Title 18, Section 1621](https://www.govinfo.gov/content/pkg/USCODE-2011-title18/html/USCODE-2011-title18-partI-chap79-sec1621.htm).) Submitting false information could also result in civil liability—that is, you could get sued for money damages. - **Investigate.** Submitting a DMCA counter notice can have real legal consequences. If the complaining party disagrees that their takedown notice was mistaken, they might decide to file a lawsuit against you to keep the content disabled. You should conduct a thorough investigation into the allegations made in the takedown notice and probably talk to a lawyer before submitting a counter notice. - **You Must Have a Good Reason to Submit a Counter Notice.** In order to file a counter notice, you must have "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." ([U.S. Code, Title 17, Section 512(g)](https://www.copyright.gov/title17/92chap5.html#512).) - **Copyright Laws Are Complicated.** Sometimes a takedown notice might allege infringement in a way that seems odd or indirect. These are just a few examples of the complexities of copyright law. Since there are many nuances to the law and some unsettled questions in these types of cases, it is especially important to get professional advice if the infringement allegations do not seem straightforward. ## A Counter Notice Is A Legal Statement. A counter notice is a legal statement — not just to us, but to the complaining party. If the complaining party wishes to keep the content disabled after receiving a counter notice, they will need to initiate a legal action seeking a court order to restrain you from engaging in infringing activity relating to the content on Nordcraft. In other words, you might get sued (and you consent to that in the counter notice). ## Additional Resources. If you need additional help, there are many self-help resources online. Lumen has an informative set of guides on [copyright](https://lumendatabase.org/topics/5) and [DMCA safe harbor](https://lumendatabase.org/topics/14). If you are involved with an open-source project in need of legal advice, you can contact the [Software Freedom Law Center](https://softwarefreedom.org/about/contact/). And if you think you have a particularly challenging case, non-profit organizations such as the [Electronic Frontier Foundation](https://www.eff.org/pages/legal-assistance) may also be willing to help directly or refer you to a lawyer. ## Your Counter Notice Must... - Include the following statement: "I have read and understand Nordcraft Guide to Filing a DMCA Counter Notice." - Identify the content that was disabled and the location where it appeared. The disabled content should have been identified by URL in the takedown notice. You simply need to copy the URL(s) that you want to challenge. - Provide your contact information. Include your email address, name, telephone number, and physical address. - Include the following statement: "I swear, under penalty of perjury, 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." - Include the following statement: "I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located (if in the United States, otherwise the Northern District of California where Nordcraft is located), and I will accept service of process from the person who provided the DMCA notification or an agent of such person." - Include your physical or electronic signature. ## How to Submit Your Counter Notice The fastest way to get a response is to [contact our support](https://j3oc13gec8a.typeform.com/to/etmyY4yn?typeform-source=toddle.dev). You can also send an email notification to [hello@nordcraft.com](mailto:copyright@toddle.dev). If you must send your notice by physical mail, you can do that too, but it will take substantially longer for us to receive and respond to it. If you still wish to mail us your notice, our physical address is: Møller & Hansen EDB (Nordcraft) Æblehaven 15A 2500 Valby, Denmark .jpeg/public)