DMCA Counter Notification for Idiots
Here are ready-made counter-notices that Truebones can use to get back his stuff from SketchFab, EpicGames and more!
Truebones, please send to GumRoad (email@example.com), which Gumroad will then forward to Epic Games.
This letter is a formal response to a claim of copyright infringement against one or more of the documents that I’ve uploaded and published on (Site).com. I believe the claims of copyright infringement are inaccurate and should be rejected because:
The material in question is not copyrighted, or the copyright has expired in the United States of America. It is therefore in the public domain and may be reproduced by anyone.
The complainant has provided no copyright registration information or other tangible evidence that the material in question is in fact copyrighted, and I have a good faith belief that it is not. The allegation of copyright violation is therefore in dispute, and at present unsupported.
My use of the material is legally protected because it falls within the "fair use" provision of the copyright regulations, as defined in 17 USC 107. If the complainant disagrees that this is fair use, they must work directly with me, though legally viable channels, to resolve the dispute. (Such as, messages via Twitter, video replies on my Youtube Channel)
Identify the specific copyrighted work claimed to be infringed, or, if multiple copyrighted works are covered by a single complaint, provide a representative list of such works. [17 USC 512(c)(3)(A)(ii)]. (Example: Epic has provided different list of URLs in various different documents, in their DMCA notices to me).
This communication to you is a DMCA counter notification letter as defined in 17 USC 512(g)(3):
I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.
I ask that GumRoad, upon receipt of this counter-notification, restore the material in dispute, unless the complainant files suit against me within ten (10) days, pursuant to 17 USC 512(g)(2)(B).
My name, address, and telephone number are:
Joespeh McPeek, (Truebones, fill in your address here.)
I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or, if my address is outside the United States, the jurisdiction of the Federal District Court for the San Francisco, California judicial district).
I agree to accept service of process from the complainant.
(Name) (Truebones, Please take out your iPhone, take a photo of your signature and attach it to the email.)