Intellectual Property Law

Chapter 15 Putting It Into Words Solution

Your firm’s client has received a notice that a photograph she posted on Pinterest violates
another’s copyright and has been taken down. Your client has stated that she is the owner
of the copyright. Draft a brief paragraph explaining the counter notification process to the
client.

As you may know, the Digital Millennium Copyright Act (DMCA) requires
an online service provider such as Pinterest to notify you when it removes
your content because of a takedown notice. The DMCA provides you with
the right to submit a counter notice asking that the material be restored. This
counter notice must state under penalty of perjury that you have a good faith
belief that the material was wrongfully removed. Once Pinterest receives
your counter notice, is must replace the disputed content unless the
complaining party sues you within 14 business days after you submit your
counter notice. You must direct your counter notice to Pinterest’s DMCA
contact or agent, which information will appear on Pinterest’s website.

Please let us know if you need any assistance in preparing a counter notice or
if you would like to discuss this further.