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Rights Management

Filing a DMCA Counter-Notification & Indemnification Statements + DMCA C-N Template

Written By nodable

If you have been informed that Nodable has received a DMCA notification for one of your assets and you believe that the DMCA takedown request is without basis, you may submit a DMCA Counter-Notification (CN) directly to the claimant and contact distro@nodablemusic.com for assistance.

Important

If you wish to proceed with filing a DMCA Counter-Notification, you are also required to formally indemnify Nodable.

We strongly recommend that you carefully review the takedown request and the reported content before submitting a counter-notification. You should only proceed if you are confident that you or your client have the necessary rights to the content.

Warning

Nodable will not accept counter-notifications without the required indemnification statements. Please ensure that the indemnification statements are included with every counter-notification.

The editable template is available at the bottom of this page

Indemnification Statements

When filing your counter-notification, please also include the following statements:

  1. [Your entity's name] holds all relevant rights to the concerned content (the Content) and the Claim is unfounded.

  2. [Your entity's name] will defend, indemnify and hold Nodable and its affiliates harmless from any and all losses, damages, liabilities, costs and expenses, including court expenses and legal fees, arising from any claim relating to the Content.

  3. To the extent that the claimant alleges that the Content infringes its publishing rights, in addition to its rights in the sound recording, [Your entity's name]'s representations and indemnification confirmation above specifically include this type of claim and any claims relating to the underlying composition.


Instructions for Filing a DMCA Counter-Notification

Please read the following instructions carefully and make sure to include all the required information in your counter-notification.

1. Understand the legal implications

By filing a DMCA Counter-Notification, you are significantly escalating the matter.

If the claimant does not agree with your counter-notification, they may take further legal action, including filing a lawsuit against you.

You should therefore only file a counter-notification if you can provide documentation proving your ownership or rights to the content and you are prepared to defend your claim if necessary.

2. The copyright owner must file the counter-notification

The DMCA Counter-Notification must be completed and signed by the copyright owner themselves.

In some cases, this may be your client or business partner rather than your company.

3. Include all required information

Make sure that your DMCA Counter-Notification contains all relevant information requested below.

Incomplete counter-notifications may not be considered valid.

4. Send the counter-notification to the claimant

The DMCA Counter-Notification should be sent directly to the claimant.

Please also contact distro@nodablemusic.com and provide Nodable with a copy of the counter-notification and all relevant supporting documentation.

5. Include the indemnification statements

The indemnification statements described above must be included with your DMCA Counter-Notification.

The editable template is available at the bottom of this page


What happens after the counter-notification?

If the claimant receives the counter-notification and still wishes for your content to remain removed, they may have 10 business days to inform the relevant service provider that they have filed a lawsuit against you.

If they do not provide the required notice within the applicable period, the content may be eligible for reinstatement, depending on the platform and circumstances.

Note

Some DSPs and platforms may not automatically process or recognize DMCA Counter-Notifications in the same way.

However, if you have valid rights to the content, submitting a properly completed counter-notification can help establish your position and may assist Nodable in working toward reinstatement where possible.


DMCA Counter-Notification Template

The following template should be completed by the copyright owner.

1. Identify the material

Please provide:

  • Release and track name

  • Artist name

  • All relevant UPC(s) and ISRC(s), if applicable

2. Provide your contact information

Please provide:

  • Your full legal name — your personal name, not only your company's name

  • Company name

  • Physical address

  • Email address

  • Telephone number

3. Jurisdiction statement

If you are located in the United States:

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.

If you are located outside the United States:

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.

4. Good-faith statement

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.

5. Indemnification statements

  1. [Your entity's name] holds all relevant rights to the concerned content (the Content) and the Claim is unfounded.

  2. [Your entity's name] will defend, indemnify and hold Nodable and its affiliates harmless for any and all losses against Nodable or its affiliates for damages, liabilities, costs and expenses, including court expenses and counsel fees, arising out of any claim relating to the Content.

  3. To the extent the claimant alleges that the Content infringes its publishing rights, in addition to its rights in the sound recording, [Your entity's name]'s representations and indemnification confirmation above specifically include this type of claim and any claims relating to the underlying composition.

Declaration

I declare under the perjury laws of the United States of America that this notification is true and correct.

Date:
[Date]

Signature:
[Full legal name]

Here you can find the template in both PDF and Word format ⤵️

DMCA_Counter_Notification_Template_Editable_English.docx

37.1 KB• Document

DMCA_Counter_Notification_Template_English.pdf

28.6 KB• Document


Need help?

If you are unsure whether you should submit a DMCA Counter-Notification or need assistance with a copyright-related issue, contact the Nodable Distribution Team: