The Counter Notification Letter is a crucial legal instrument in Malaysia's digital content ecosystem, designed to protect content creators' rights while maintaining proper copyright enforcement procedures. This document becomes necessary when content has been removed from an online platform following a copyright takedown notice, and the content owner believes the removal was due to mistake or misidentification. Under Malaysian law, particularly the Copyright Act 1987 and its amendments, the Counter Notification Letter must include specific declarations, contact information, and legal commitments. It serves as a formal mechanism for content reinstatement while providing legal protections for all parties involved in the dispute.
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1. Sender's Information: Full name, address, phone number, and email address of the party submitting the counter notification
2. Identification of Removed Material: Specific description and location (URL) of the material that was removed or disabled
3. Statement of Good Faith: A statement under penalty of perjury that the material was removed or disabled as a result of mistake or misidentification
4. Consent to Jurisdiction: Statement consenting to the jurisdiction of the Malaysian court in the district where the sender is located
5. Acceptance of Service: Statement that the sender will accept service of process from the party who submitted the takedown notice
1. Original Notice Reference: Reference to the original takedown notice details, used when such information is available
2. Additional Evidence: Section for including evidence of right to use the material, used when such evidence exists
3. Prior Communication: Reference to any previous communication with the copyright holder, included when there has been prior contact
1. Proof of Rights: Copies of licenses, permissions, or other documentation proving right to use the material
2. Original Content Documentation: Screenshots or archived versions of the original content before removal
3. Communication Records: Copies of any relevant communication with the copyright holder or platform
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