A Copyright Counter Notification is a crucial legal tool within Malaysia's digital content ecosystem, used when content has been removed from an online platform following a copyright infringement complaint. This document becomes necessary when a content creator or rights holder believes their content was wrongfully removed and wishes to contest the takedown. Under Malaysian law, particularly the Copyright Act 1987 and the Copyright (Notice of Take Down) Regulations 2019, the counter notification must include specific elements such as content identification, good faith statements, and jurisdiction consent. The document initiates a legal process that can lead to content restoration if no further legal action is taken by the original complainant within a specified timeframe.
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1. Sender Information: Full name, address, phone number, and email address of the person submitting the counter notification
2. Recipient Information: Details of the service provider or platform that removed the content
3. Material Identification: Clear identification of the material that was removed or disabled and its location before removal
4. Statement of Good Faith: Declaration that the material was removed or disabled as a result of mistake or misidentification
5. Consent to Jurisdiction: Statement consenting to the jurisdiction of the Malaysian courts
6. Declaration of Authority: Statement under penalty of perjury that the submitter is authorized to act on behalf of the content owner
7. Signature: Physical or electronic signature of the person submitting the counter notification
1. Previous Correspondence Reference: Reference to previous takedown notice or communication, if available
2. Legal Representative Details: Information about legal representation, if the counter notification is submitted through a lawyer
3. Additional Evidence Statement: Description of any evidence supporting the claim of mistake or misidentification
4. Request for Expedited Processing: Special request for faster processing if there are urgent circumstances
5. Counter Claims: Specific responses to claims made in the original takedown notice
1. Schedule A - Content List: Detailed list of all content items that were removed, including URLs and timestamps
2. Schedule B - Supporting Evidence: Copies or screenshots of relevant documentation proving ownership or right to use the content
3. Schedule C - Original Takedown Notice: Copy of the original takedown notice received
4. Appendix 1 - Authorization Documents: Any documents proving the authority of the person submitting the counter notification
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