Can I File a Misrepresentation Claim?
You can bring a claim of misrepresentation before the CCB if you believe the respondent said something false in a takedown notice or counter-notice to an online service provider, and this resulted in the online service provider taking content offline or putting it back online. Answer a few questions to see if your claim is a good fit for the Copyright Claims Board.
How long it’ll take: 15 minutes or less
More information is available in the Starting an Misrepresentation Claim (PDF, 518 KB) chapter of the CCB Handbook.
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Noncompliant
The CCB can hear claims only against respondents that reside in the United States and are not federal or state governmental entities. If you wish to pursue your claim further against a foreign respondent or governmental entity, you will need to file a lawsuit in federal court.
Review
- The CCB can hear claims only against respondents residing in the United States and that are not federal or state governmental entities.
- When you file your claim, you will need to provide the U.S. mailing address of the respondent.
- Do some research to identify the respondent before moving forward:
- Look at the notice or counter-notice the respondent sent.
- Do you have emails with the respondent that include their address?
- Conduct an internet search.
- If the respondent is a business, look at state Secretary of State databases.
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Noncompliant
To bring a misrepresentation claim before the CCB, you must show that the respondent made a misrepresentation in a takedown notice or counter-notice.
Noncompliant
To bring a misrepresentation claim before the CCB, you must show that the respondent made a misrepresentation in a takedown notice or counter-notice.
Review
To know who sent a takedown notice, check the formal notice forwarded by the online service provider, which must identify the copyright owner or their authorized agent.
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Noncompliant
To bring a misrepresentation claim before the CCB, you must show that the respondent made a statement related to copyright that the content is infringing or the content was taken down by mistake or misidentification.
Review
To bring a misrepresentation claim before the CCB, you must show that the misrepresentation was
- false;
- a statement of fact;
- contained in the notice or counter-notice;
- about copyright, or related to the copyright-protected work; and
- material, or important enough to cause the online service provider to remove or repost the work.
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Noncompliant
To bring a misrepresentation claim before the CCB, you must show that the respondent knew that the false statement was false or incorrect.
Review
You don’t need this information to file your claim. However, to win, you will need to prove that the respondent knew that the misrepresentation was false. If you don’t know now, you will need to see whether that information is revealed during The process by which the parties exchange information and documents relevant to the issues in a case. if your claim moves forward.
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Noncompliant
To bring a misrepresentation claim before the CCB, you must show that the online service provider relied on the misrepresentation in taking your material down or putting the respondent’s allegedly infringing material back up.
Review
You will need to explain how the online service provider took action to take down or repost material because of the misrepresentation. For example, if the misrepresentation was in the takedown notice, you will need to show that the online service provider took the material down. If the misrepresentation was in the counter-notice, you will need to show that the material was put back up. If the online service provider has not taken action yet, then your claim is premature.
Noncompliant
For a misrepresentation claim, you will need to show that the online service provider took action because of the misrepresentation.
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To file a misrepresentation claim before the CCB, you must show that you were harmed by the online service provider’s actions.
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Noncompliant
Typically, the Board can hear claims only if the misrepresentation occurred in the last three years. To learn more, please visit the Starting a Misrepresentation (PDF, 518 KB) chapter of the CCB Handbook.
Proceed
You may be able to file a misrepresentation claim in the CCB. Follow these instructions to file a copyright infringement claim before the Board.
Read more about misrepresentation claims. File on eCCB
Once you submit your claim, the CCB will check that it provides enough information and complies with relevant laws and regulations.