Summary
New DMCA counter-notice process requiring identity, contact, detailed infringement explanation, good-faith perjury statement, and liability warning for misrepresentation.
Why it matters
Sellers/creators must now provide legal jurisdiction consent and perjury declarations to contest removals. False statements create exposure to damages, legal costs, and affiliate liability. Compliance is required to exercise appeal rights.
Recommended action
Review counter-notice requirements immediately. Consult legal counsel before submitting; document good-faith basis for any dispute. Understand liability for misrepresentation and damages claims.
Identity Information:
For an individual, include your full name. For an entity, include a copy of your business registration certificate.
Contact information: In addition to your full name, include your address, email address, telephone number, and a statement that you consent to the jurisdiction in which the address is located (see 17 U. S. C. 512 (g)(3)) and will accept service of process (the formal delivery of legal documents) from the claimant.
Nature of the Counter-Notice: Identify the location of the product or content that has been removed (or that access has been disabled) and explain in detail why such product or content is not infringing upon the IPR of others – or that the product or activity was removed or disabled by mistake or misidentification.
Good-Faith Statement:
Include a statement under penalty of perjury (a declaration that you are telling the truth and understand you could face legal consequences for lying) that you have a good-faith belief that the material was removed or disabled due to a mistake or misidentification.
Note:
You may be liable for any damages incurred by Tik Tok Shop and/or its affiliates (including costs and legal fees) if you materially misrepresent that a product or activity is not infringing the IPR of others, or that it was removed or disabled by mistake or misidentification. If you are unsure whether certain material infringes the IPR of others, or was removed or disabled by mistake, we suggest you contact a lawyer first.
Overview
No content was removed in this update.
Affects: Creator, Seller