Counter Notification Letter Template for Canada

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Key Requirements PROMPT example:

Counter Notification Letter

I need a Counter Notification Letter to contest the removal of my educational YouTube videos about Canadian history, which were wrongly flagged for copyright infringement by a media company in March 2025, and I need to emphasize fair dealing for educational purposes.

Document background
A Counter Notification Letter is a crucial document in the context of online content disputes and copyright claims in Canada. It is used when content has been removed from a platform or website following a copyright infringement complaint, and the content owner believes the removal was incorrect or unjustified. While Canada primarily operates under a "Notice and Notice" regime, many international platforms serving Canadian users follow DMCA-style procedures, necessitating the use of counter notifications. The document must include specific elements such as the sender's contact information, identification of removed content, statements of good faith, and consent to jurisdiction. It serves as a formal mechanism for content creators and users to defend their rights and request the restoration of their content while operating within the framework of Canadian copyright law and international platform policies.
Suggested Sections

1. Sender Information: Full legal name, physical address, phone number, and email address of the person submitting the counter notification

2. Recipient Information: Name and contact information of the service provider's designated copyright agent

3. Identification of Removed Content: Specific identification of the material that was removed or disabled, including the location where it appeared before removal

4. Statement of Good Faith: A statement under penalty of perjury that the material was removed or disabled as a result of mistake or misidentification

5. Consent to Jurisdiction: Statement that the sender consents to the jurisdiction of the Federal Court in the district where they are located

6. Service of Process: Statement accepting service of process from the person who submitted the takedown notice

7. Signature: Physical or electronic signature of the sender

Optional Sections

1. Description of Original Work: Include when there's a need to explain why the content doesn't infringe on the complainant's copyright

2. Legal Basis for Counter Notification: Add when there are specific legal grounds (e.g., fair dealing) that justify the use of the content

3. Previous Communications: Include if there have been prior communications with the copyright holder or service provider about this matter

4. Request for Expedited Processing: Add when there's urgency in restoring the content due to business impact or other valid reasons

Suggested Schedules

1. Evidence of Rights: Supporting documents proving ownership or right to use the content in question

2. Original Takedown Notice: Copy of the original takedown notice received

3. Prior Communications Log: Documentation of any relevant previous correspondence regarding the disputed content

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Technology

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