A takedown notice makes formal assertions under penalty of perjury
By submitting a copyright takedown notice, you formally accuse infringement under penalty of perjury. You assert that you own the copyright or are authorized to act for its owner, and that you have a good-faith belief the use is unauthorized by the owner, unlicensed, not fair use, and not otherwise lawful.
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Supporting quotations
WARNING: BY SUBMITTING THIS COPYRIGHT TAKEDOWN NOTICE, YOU ARE MAKING A FORMAL LEGAL ACCUSATION, UNDER PENALTY OF PERJURY THAT:
YOU ARE THE COPYRIGHT OWNER OR ARE AUTHORIZED TO ACT ON THEIR BEHALF, AND
YOU HAVE A GOOD FAITH BELIEF THAT THE USE OF THE MATERIAL IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, NOT MADE PURSUANT TO A LICENSE, DOES NOT CONSTITUTE FAIR USE, AND IS NOT OTHERWISE AUTHORIZED BY LAW.
Qualifications & exceptions
The assertion about unauthorized use is a good-faith belief.
Legal Rights & Agreement Rules · Restriction or exception
False takedown notices may have legal and account consequences
The page warns that false statements under penalty of perjury may lead to imprisonment, fines, or both. Epic may also act against people who repeatedly and/or knowingly submit false takedown notices, including terminating their Epic accounts.
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Supporting quotations
NOTE THAT MAKING FALSE STATEMENTS UNDER PENALTY OF PERJURY MAY LEAD TO SERIOUS LEGAL CONSEQUENCES, INCLUDING IMPRISONMENT AND/OR FINES. EPIC MAY TAKE ACTION (INCLUDING EPIC ACCOUNT TERMINATION) AGAINST THOSE WHO REPEATEDLY AND/OR KNOWINGLY SUBMIT FALSE TAKEDOWN NOTICES.
Qualifications & exceptions
Epic’s stated account-action trigger is repeated and/or knowing submission of false notices.
The consequences are possible, not stated as automatic.
Legal Rights & Agreement Rules · Procedure
The counter-notice declares a good-faith belief in mistake or misidentification
The provided counter-notice wording declares under penalty of perjury that you have a good-faith belief the content was removed or disabled because of mistake or misidentification. This is the filer’s declaration, not an Epic finding that the removal was mistaken.
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Supporting quotations
I declare, under penalty of perjury, that I have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.
Qualifications & exceptions
The declaration is about the filer’s good-faith belief.
Legal Rights & Agreement Rules · Procedure
The counter-notice includes consent to a federal court’s jurisdiction
The template includes consent to the Federal District Court for the judicial district where your address is located. The supplied wording does not state an alternative forum for a filer whose address is outside a U.S. judicial district.
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Supporting quotations
I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located.
Not stated here
No alternative forum for an address outside a U.S. judicial district is stated in the supplied template.
Legal Rights & Agreement Rules · Procedure
The counter-notice includes acceptance of service of process
The template states that you will accept service of process from the person who provided the original DMCA notice or that person’s authorized agent.
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Supporting quotations
I will accept service of process from the person who provided the original DMCA notice or their authorized agent.