DMCA Counter-Notice
Instructions
Section titled “Instructions”When to use: A user whose content has been removed or disabled as a result of a DMCA takedown notice may submit this counter-notice if they believe the removal was the result of a mistake or misidentification of the material. This template complies with the requirements of 17 USC 512(g)(3).
Who fills it out: The subscriber or account holder whose content was removed from the Honeycomb platform.
Where to send: Submit the completed counter-notice to Honeycomb’s designated DMCA agent at the address listed in the platform’s Terms of Service.
DMCA Counter-Notice Template
Section titled “DMCA Counter-Notice Template”To: Honeycomb DMCA Agent, Mindhyv LLC
Date: [DATE]
Dear DMCA Agent,
I am writing to submit a counter-notification pursuant to 17 USC 512(g) in response to a takedown notice that resulted in the removal or disabling of material from my account on the Honeycomb platform.
1. Identification of the Subscriber
Section titled “1. Identification of the Subscriber”- Name:
[SUBSCRIBER_NAME] - Address:
[SUBSCRIBER_ADDRESS] - Email:
[SUBSCRIBER_EMAIL]
2. Identification of the Removed Material
Section titled “2. Identification of the Removed Material”The material that was removed or to which access was disabled is described as follows:
[REMOVED_MATERIAL_DESCRIPTION]
The material was previously located at the following URL(s):
[REMOVED_MATERIAL_URL]
3. Statement of Good Faith
Section titled “3. Statement of Good Faith”I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Consent to Jurisdiction
Section titled “4. Consent to Jurisdiction”I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or, if my address is outside the United States, for any judicial district in which the Honeycomb platform or Mindhyv LLC may be found), and I will accept service of process from the person who provided the original DMCA takedown notification or an agent of such person.
5. Signature
Section titled “5. Signature”Signature: [SIGNATURE]
Printed Name: [SUBSCRIBER_NAME]
Date: [DATE]
Notes for Counsel
Section titled “Notes for Counsel”-
Restoration Timeline. Under 17 USC 512(g)(2)(B)-(C), upon receipt of a valid counter-notification, the platform must promptly provide a copy to the original complainant and inform them that the removed material will be restored in 10 business days. The material must be restored no less than 10 and no more than 14 business days after receipt of the counter-notice, unless the original complainant notifies the platform that it has filed a court action to restrain the subscriber from engaging in infringing activity.
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Perjury Standard. The counter-notice includes a statement under penalty of perjury. Ensure the subscriber understands the legal significance of this declaration.
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Address Disclosure. The subscriber’s physical address is required by statute and will be shared with the original complainant. Advise the subscriber of this disclosure before filing.
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Limitations. A counter-notice is not appropriate in all circumstances. If the subscriber knowingly posted infringing material, a counter-notice made under penalty of perjury may expose them to legal liability.
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Record Keeping. Maintain records of all counter-notices received, including dates of receipt, forwarding to the original complainant, and the date on which material was restored.