Copyright 最好答中文啦! 萬分感激!

2014-09-30 7:48 pm
What should i do if i received a copy of the counter-notice from an American?
最好答中文啦! 萬分感激!

回答 (3)

2014-10-01 1:35 am
✔ 最佳答案
Counter-notice is a response required by DMCA (Digital Millennium Copyright Act), a U.S. copyright.

Under DMCA, service providers (like YouTube) are given immunity of hosting copyright infringed material as soon as they allow the copyright holder to request a take-down.

The request for take-down is known as take-down notice. This notice is unbiased as all materials will be taken down as soon as it has been received regardless.

However, DMCA also allows measures to counter the take-down (re-posting). This request is known as the counter-notice. By providing this notice, the alleged copyright violator claims back that he/she has the right to use the material (the take-down was wrong) and request the providers to re-post any materials that have taken down and waive the providers' liability. This is usually required for copyright lawsuits.

In your case, you will have 2 choices (as you are the one issuing the take-down notice):

1. You agree with the notice. Case closed; or

2. You disagree with the notice. You are allowed to initiate a lawsuit against the alleged violator.

2014-10-01 16:41:49 補充:
1. You can contact me by [email protected].

It is a disposable email. You will get my actual email later.

2. Yes. Staute of limitation will bar you from filing a case. Try not to wait 1 year. A few months will be fine.

The longer you wait, the more it will hurt you and your case.

2014-10-01 16:53:58 補充:
3. Not in your case. Contingency fee (no win, no fee) does not usually apply to copyright cases. It will cost you.

2014-10-01 17:08:24 補充:
4. It will be civil. The worst is compensation, restraction, and apology.

5. Only the provider is immuned.
2014-09-30 8:58 pm
請問可否告之 counter-notice 的詳細內容
中英文也可以
2014-09-30 8:55 pm
細看那通知的內容.與事實是否相符.若與己無關者,可回復他後不再理會.
同時,要看看自己應否負上法律責任,如無,可不必理會.

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