CounterDMCA

Have you had a false DMCA filed against you?

counterlogo

What is this site?

My name is Rob Reed, and I am a Los Angeles, California attorney practicing primarily civil litigation (i.e., personal injury, business start-ups, intellectual property, music, copyright, and internet law). I also maintain the YouTube channel “LiftAloft.”


In September, 2011, I made a YouTube video critiquing a group on the internet that I believe to be a dangerous cult. This group flagged my video, filing a false DMCA against a graphic I created that parodied the cult’s “logo.”  I countered this DMCA claim, using my real law office address, and the video was reinstated (I am pleased to say) on October 19, 2011 (15 days after the counter was presented to YouTube). 


In October, 2011, a number of YouTubers started making videos against this group, and this group filed false DMCAs against them.  A few of these YouTubers publicly expressed that they did not wish to counter the DMCA claims because they were concerned with this group getting their “docs” (i.e., personal information) – especially considering that this group has already posted other user’s private information on the internet (including names of spouses, number of children, and location of residence).


In response, I created this website.


How Does It Work?


* You must be 18 years old or older, or you must have a parent agree to the agency on your behalf.


* You hire me as your Counter DMCA Agent for the sole purpose of receiving service of process from any DMCA filers who file and serve a lawsuit against you for the complained copyright infringement.  You must use your actual name according to YouTube policy. Please note, however, that this individual (who is part of a group that is notorious for filing the false DMCA on YouTube) countered a DMCA using a false name (Sylvester Andrew).


* You will be allowed to use my office address as your personal address and phone number, and you will be given a personal identification number so that I can forward any correspondence/lawsuits to you via email, should any be received.


* You insure to me that: (1) you are filing a legitimate fair use claim and/or you fully own the copyright to the video at issue (and its contents); (2) the contact information you provide to me is 100% correct; (3) you agree that you are fully prepared to defend your copyright in the video and its contents; (4) you agree that I can accept service of process on your behalf in the event the DMCA file files a lawsuit against you (for any copyright action related to the DMCA filing ONLY); (5) (most importantly) you consent to the jurisdiction of the Federal District Court (FDC) for the judicial district of Los Angeles (as this is the location of my office), or if you are out of the United States, to the FDC jurisdiction where YouTube HQ is located (I believe it is somewhere in Northern California).


* You pay $1.29, U.S., via Paypal.


* You will get specific instructions on where and how to fill out the online counter DMCA form on YouTube.


* Once you file your counter DMCA, YouTube has 14 working days to process your counter claim. During this period, the DMCA filer will have to file a lawsuit against you and provide proof of that lawsuit to YouTube. In the event that this does not occur, your video may be reinstated.


Please note that your contact information is entirely safe with me, pursuant to the attorney-client privilege. Upon receipt of a legal lawsuit, legally served against you at my law office, I will provide the filing party with notice that I have received the document and have forwarded it to the alleged defendant (i.e., YOU). I will not provide any other personal information, absent a court order. Please be advised, however, that service would be considered valid upon you via this process


Will This Work?


As of today’s date (2/26/13), it should. It has been used successfully numerous times. As of today’s date, the instructions provided by YouTube do not indicate that this is against their counter DMCA policy. However, there is risk that you may lose your $1.29 and get nothing in return… but it is worth a shot, and definitely worth protecting your identity from those who merely wish to harass you. PLEASE NOTE THAT PAST SUCCESS IS NOT A GUARANTEE OF FUTURE SUCCESS.


So, after these caveats, if this still sounds good to you, then head over to the sign-up form.

Category: About Us
  • Molly says:

    I think your sign-up link is broken?

    December 30, 2011 at 4:54 pm
  • Rob Reed says:

    I hadn’t finished it yet… the recent actions by our false DMCA’ing friends changed that. Happy New Year!

    January 2, 2012 at 6:10 pm
  • Ian Juby says:

    Thanks for doing this Rob – this has been a nasty problem on youtube, and I’m thrilled to see what you’re doing.

    The thing I’m curious about though, is what are the consequences for filing a false DMCA claim? In other words, abuse should not be tolerated and in fact, should be punished. Are there consequences/expenses, whatever, that can be had against false DMCA claims?

    Thanks,
    Ian

    January 2, 2012 at 7:01 pm
  • Ian Juby says:

    Oh – and your link to your youtube channel is broken; it has an extraneous n – youtube.conm

    God bless,
    Ian

    January 2, 2012 at 7:42 pm
    • Rob Reed says:

      Fixed… thanks for the comments, Ian (and the bug report)…

      January 2, 2012 at 11:38 pm
  • David G says:

    Many thanks to you Rob Reed, two of my YouTube videos have been successfully restored to my channel without penalty. I would not have gone through with a counter-DMCA if I had to divulge my full private information to the claimants who could then misuse that info.

    CounterDMCA.com has saved my YouTube channel from termination after a targeted attack by 2 people who were trying to shut me down.

    I can certainly recommend counterDMCA.com to others who have been DMCA’d for using material under the terms of “fair use”.

    Thanks again,

    David G

    – dazzathecameraman

    February 20, 2013 at 6:55 pm
    • Rob Reed says:

      You’re very welcome. I’m glad that you were successful!

      February 26, 2013 at 9:45 pm
  • Bill H says:

    Thank you Robert for your excellent service. When dealing with some of the people on YouTube it is important to be able to protect your privacy, and your service helped me to restore my video from a false DMCA claim without compromising my privacy.

    Bill H.

    February 25, 2013 at 4:28 pm
  • raja says:

    hi ,rob
    one author MR A has filed a DMCA against me , & he has sold his business to MR B & i have acquired PLr resale rights to this course from MR B , who is the rightfull owner.

    Now MR A & myself sell the same course on same platform, so has filed a DMCA because i didn’t take down the course by his email threats

    Should i file counter DMCA?
    does he have legal standing to sue me ?
    im not from USA?

    March 13, 2015 at 6:57 am
  • Rob Reed says:

    Hard to say without more information. A sale of the business does not necessarily include sale of copyrights… you would need to discuss with Mr B. Good luck.

    March 13, 2015 at 9:39 am
  • Raja says:

    hi rob thanks for prompt reply…i appreciate
    1)Now would you become my counter DMCA agent , but its not for youtube
    HOw much will it be , will be the same 1.29$ ?
    2)if in case this author file s a suit will you fight it for me in court ?what will your fees as my lawyer for that ?Just in case…i think this guy doesnt have legal standing as I Discussed with MR B & he said he has zero rights & doesnt even have rights to enforce the DMCA as he has sold the busniess to MR B

    3)Im not a US resident

    Kindly advice
    thanks

    March 14, 2015 at 5:58 am
  • David G says:

    Another false DMCA copyright strike successfully appealed! Thanks Rob!

    Dazzathecameraman :)

    April 30, 2015 at 1:54 am

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