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DMCA Copyright Counter Notification
DMCA Copyright Counter Notification
Roger avatar
Written by Roger
Updated over a week ago

SUBMIT A COPYRIGHT COUNTER NOTIFICATION

If your content was removed due to a copyright removal request and you believe it's because of a mistake or misidentification, you can submit a counter notification under the Digital Millennium Copyright Act (DMCA). This is a legal request for Crexi to reinstate content that was removed due to a copyright removal request.

How to File a Copyright Counter Notification

You can submit your counter notification by using email, mail, or the Counter Notice Web Form.

If submitted by email or mail, a counter notification must be submitted to Crexi’s Designated Agent at copyright@crexi.com or the physical address identified in Section 5.2 of the Terms of Service (https://www.crexi.com/tos). A counter notification form can be found at the bottom of this page, which includes substantially the following information:

o Your physical or electronic signature.

o Identification of the material that has been removed or to which access has been disabled.

o Location at which the material appeared before it was removed or access to it was disabled.

(Note: If you submitted the material for a listing but the material was not added to such listing in connection with an alleged thirty party copyright claim, you can specify the location of the listing for which the material was submitted.)

o A statement under penalty of perjury that you have 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.

o Your full legal name, address, and telephone number.

o Your relationship to the material that was removed or to which access has been disabled (For example, you are the owner, you are the employee or an agent of the owner, etc.)

o If your address is located in the United States, a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located.

o If your address is outside of the United States, a statement that you consent to any judicial district in which Crexi is found.

o A statement that you will accept service of process from the person who provided the DMCA-compliant takedown notice or an agent of such person.

Alternative to using mail or email, you can submit a counter notification using the Counter Notice Web Form. You can submit a counter notification using the web with the following steps:

1. If a DMCA Takedown Request has been filed for your content, you will receive a notification.

2. Click the Counter Notice link in that email to access the form on Crexi.

3. Complete the Counter Notice Web Form and submit.

4. Upon completion you will see a confirmation of receipt.

In accordance with the DMCA, Crexi will restore or enable access to the material after 10 business days following Crexi’s receipt of your DMCA-compliant counter notice, unless the third party who alleged copyright ownership notifies Crexi that it has filed an action seeking a court order to prevent you, the user, from displaying such material on Crexi’s system or network.

Keep in mind:

Only submit a counter notification if your content was removed due to a mistake or misidentification. This includes exceptions to copyright, such as cases of fair use or fair dealing. Do not submit false information. Misuse of our processes, such as submitting fraudulent documentation, may result in the termination of your account or other legal consequences.

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