Statutory reference
The statute,
in its own words
Everything below is quoted from 17 U.S.C. §512. We paraphrase nothing, because a paraphrase is where a compliance tool starts misquoting.
What a takedown notice must contain - §512(c)(3)(A)
A notice that does not substantially comply is not notice at all, and does not start any clock.
- §512(c)(3)(A)(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- §512(c)(3)(A)(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- §512(c)(3)(A)(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- §512(c)(3)(A)(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- §512(c)(3)(A)(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- §512(c)(3)(A)(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
What a counter-notice must contain - §512(g)(3)(A)-(D)
- §512(g)(3)(A) Signature A physical or electronic signature of the subscriber.
- §512(g)(3)(B) Identification of the material Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- §512(g)(3)(C) Good-faith statement under penalty of perjury A statement under penalty of perjury that the subscriber has 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.
- §512(g)(3)(D) Contact details, jurisdiction and service of process The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
The five safe-harbour obligations
- §512(c)(2)(A) Designated agent registered and published - You must designate an agent to receive infringement notices, publish the agent's details where the public can find them, AND provide them to the U.S. Copyright Office.
- §512(i)(1)(A) Repeat-infringer policy - You must have adopted and reasonably implemented a policy for terminating repeat infringers in appropriate circumstances.
- §512(c)(1)(C), §512(c)(3) Takedown process published and staffed - A notice must be able to reach someone who will act on it. The notice must contain the six elements of §512(c)(3)(A) or it does not count as notice at all.
- §512(i)(1)(B) Standard technical measures accommodation - You must accommodate and not interfere with standard technical measures used to identify or protect copyrighted works.
- §512(g)(2) Counter-notice process - When a subscriber counter-notifies, you must promptly forward it to the original complainant and replace the material in 10 to 14 business days unless a suit is filed.
The replacement window - §512(g)(2)(C)
After a compliant counter-notice, the provider must restore the material not less than 10 nor more than 14 business days after receipt, unless the original complainant files a court action first.
Statute text checked 2026-10-21 against 17 U.S.C. §512.