Did you upload something to a fanon wiki, but ended up getting it removed due to copyright issues? If you believe a claim of copyright infringement is false or incorrect, you can dispute it through something called a counter-notification. This blog post shows you on how to create a basic counter-notification.
Step One: Know the basics of Fair Use
Before you continue, make sure you understand what Fair Use is. Fair use of copyrighted material is allowed for purposes of teaching, criticism, and news broadcasting. Each region has their own standards for fair use, so read them carefully before continuing.
Step Two: Filing the dispute
If a Wikia user had your content removed, you should do it on their message wall. File the counter-notice with something like this:
- Hi (copyright holder's name),
- This notice is a formal response to a claim of copyright infringement against one or more pages/files that I’ve uploaded and published on (wiki name). I believe the claims of copyright infringement are inaccurate and should be rejected because:
- If the content you're using is in the public domain: The material in question is not copyrighted, or the copyright has expired in the United States of America. It is therefore in the public domain and may be reproduced by anyone.
- If the copyright holder did not copyright the infringing material(s): The complainant has provided no copyright registration information or other tangible evidence that the material in question is in fact copyrighted, and I have a good faith belief that it is not. The allegation of copyright violation is therefore in dispute, and at present unsupported.
- If the copyright does not hold the copyright to the infringing materials(s): The complainant does not hold the copyright to the material in question, is not the designated representative of the copyright holder, and therefore lacks standing to assert that my use of the material is a violation of any of the owner's rights.
- If your usage of the copyrighted material(s) falls under Fair Use: My use of the material is legally protected because it falls within the "fair use" provision of the copyright regulations, as defined in 17 USC 107. If the complainant disagrees that this is fair use, they must work directly with me, though legally viable channels, to resolve the dispute. Wikia and its employees under no obligation to settle this dispute, or to take any action to restrict my speech at the behest of this complainant.
- If the copyright holder failed to follow the instructions: The complaint does not follow the prescribed form for notification of an alleged copyright violation as set forth in the Digital Millennium Copyright Act, 17 USC 512(c)(3). Specifically, the complainant has failed to:
- Provide a complaint in written form. [17 USC 512(c)(3)(A)]
- Include a physical or electronic signature of the complainant. [17 USC 512(c)(3)(A)(i)]
- Identify the specific copyrighted work claimed to be infringed, or, if multiple copyrighted works are covered by a single complaint, provide a representative list of such works. [17 USC 512(c)(3)(A)(ii)]
- Provide the URLs for the specific files on (wiki name) that are alleged to be infringing. [17 USC 512(c)(3)(A)(iii)]
- Include a written statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. [17 USC 512(c)(3)(A)(vi)]
- This communication to you is a DMCA counter-notification letter as defined in 17 USC 512(g)(3):
- I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.
- I ask that (wiki name), upon receipt of this counter-notification, restore the material in dispute, unless the complainant files suit against me within ten (10) days, pursuant to 17 USC 512(g)(2)(B).
- I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or, if my address is outside the United States, the jurisdiction of the Federal District Court for the San Francisco, California judicial district).
- I agree to accept service of process from the complainant.
- Best regards,