Filing a DMCA Counter Notification

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If Hitskope received a DMCA notification for one of your assets and you believe the takedown request is without basis, you can send a DMCA Counter-Notification (CN) directly to the claimant's email. CC support@hitskope.com

IMPORTANT: You must formally indemnify Hitskope to proceed. Review the takedown request and your content before filing. Only move forward if you're confident in your rights.

We will not accept counter-notifications without indemnification.

Send this text with your counter-notification:

  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 Hitskope and its affiliates harmless for any and all losses against Hitskope 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.

Instructions for Filing a DMCA Counter-Notification

  1. Filing a DMCA CN escalates the matter. If the claimant disagrees, they will file suit in court against you. Only file if you have documents proving ownership and you're prepared to defend in court.
  2. The copyright owner must fill and sign the DMCA CN (in some cases, your client or partner).
  3. Include all relevant information where indicated in bold. Otherwise, your DMCA CN will not be considered valid.
  4. Send the DMCA CN directly to the claimant. CC support@hitskope.com

If the claimant receives the CN and still wants your content removed, they have 10 business days to inform us they filed suit against you. If they don't inform us within 10 business days, Hitskope will reinstate your content (if it was removed).

Note: Some DSPs do not respect DMCA CNs automatically. If you have the rights, filing is good practice and can help reinstate your content later.

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)
  1. 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):

  1. 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):

  1. 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.

  2. 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)