Counter-Notice Policy

1. Who this policy is for

This Counter-Notice Policy is for people whose content was the subject of an enforcement action sent by Sonproof on behalf of a rights holder - an uploader, creator, channel, label, distributor or other user of a platform ("you") - and for our clients, who want to know how disputes are handled. It explains how to dispute an action, what happens next, and what we will and will not do.

2. Our commitment

We treat every dispute and counter-notice as a genuine question about whether the action was correct. We review it on its merits. If the dispute has merit, we release the action - even if the client would have preferred otherwise - because Sonproof will not maintain an action it cannot stand behind. If the dispute does not have merit, we explain why. We do not use disputes as an opportunity to escalate against the disputing party, and we never escalate without renewed human review and client approval.

3. Before you dispute: ask us for the evidence

You can request the evidence behind any action by writing to enforcement@sonproof.com with the case reference from the notice or claim. We will provide the identification of the work claimed, the matched segment and score, the rights holder on whose behalf we acted (to the extent the platform process already discloses it), and the basis for the action. Many questions are resolved at this stage - for instance, where a licence exists that was not on the client's whitelist.

4. Disputes inside rights-management programs

When you dispute a claim in a platform program, the platform notifies us and starts a review window (for example, 30 days on YouTube). Within that window a Sonproof reviewer, who did not approve the original action, re-examines the match, the client's rights and your stated reason. We will:

• Release the claim if you hold a licence, if the client's rights do not cover the use, if the match is a false positive, or if your use plausibly falls within an exception such as fair use, fair dealing, quotation, criticism, parody or news reporting.
• Uphold the claim only if the client's rights and the facts clearly support it, and record the reasons.
• Never convert a program dispute into a formal takedown or strike without a new review by a senior reviewer and explicit client approval, and only where the client's rights and the facts warrant it.

If you disagree with an upheld claim, the platform's further appeal route remains available to you, and you may also contact us directly at enforcement@sonproof.com.

5. Counter-notices under the US DMCA (17 U.S.C. §512(g))

If your content was removed or disabled by a US service provider in response to a DMCA notice sent by Sonproof, you may send a counter-notification to the service provider's designated agent (not to Sonproof). To be effective under §512(g)(3), a counter-notification must include:

1. Your physical or electronic signature;
2. Identification of the material that was removed or disabled and the location at which it appeared before removal;
3. A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification;
4. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which the service provider may be found), and that you will accept service of process from the person who provided the original notice or their agent.

What happens next. The service provider forwards the counter-notification to us as the notifying party. Under §512(g)(2), the provider will restore the material between 10 and 14 business days after receiving the counter-notification unless we first notify the provider that the rights holder has filed a court action seeking to restrain the infringing activity. On receipt of a counter-notification we immediately re-review the case. In the large majority of cases we will not seek a court action; a decision to do so rests with the client, requires our senior review, and will be communicated to the provider only where the client's rights and the facts clearly justify it.

Please note that §512(f) imposes liability for knowing material misrepresentation in a counter-notification, just as it does for notices. Do not send a counter-notification unless you genuinely believe the removal was a mistake or misidentification.

6. Complaints under the EU Digital Services Act

If you are in the EU and your content was removed or restricted by a hosting provider following a notice from Sonproof, you have the right under the DSA (Arts. 17, 20 and 21) to receive a statement of reasons from the provider, to use the provider's internal complaint-handling system free of charge, and to refer the dispute to a certified out-of-court dispute-settlement body. When a provider forwards your complaint to us, we re-review the case under the standard in Section 2 and inform the provider of our position. We will withdraw the notice where your complaint has merit.

7. Other jurisdictions and platform-specific processes

Where a platform or national law provides a specific dispute or counter-notice procedure (for example, platform appeal forms, the UK's notice-and-takedown practice, or statutory counter-notice schemes in Canada, Australia and elsewhere), please use that procedure; the platform will route your submission to us and we will review it as described above. If no formal procedure exists, write to enforcement@sonproof.com and we will treat your message as a dispute.

8. How we review a dispute or counter-notice

1. Acknowledge - we log the submission against the case within 2 business days.
2. Independent re-review - a reviewer who did not approve the original action examines the match, the client's rights documentation, your statement and any evidence you provide (licences, release forms, dates, context).
3. Client consultation - we share your position with the client and obtain their instruction; we advise the client where we believe the action should be released.
4. Decision - we release the action, maintain it, or (only in the limited circumstances above and with client approval) notify the provider of a court action. We record the decision and reasons in the case file.
5. Communication - where the platform process allows, we inform you of the outcome; in any case you can ask us for it at enforcement@sonproof.com.

We aim to complete review within 10 business days of receipt, and always within any statutory or platform deadline.

9. Your data

Counter-notices and disputes contain personal data (name, address, contact details, statements). We process this data to handle your submission, to comply with the legal requirements of the notice-and-action regime, and to document the case, as described in our Privacy Policy. Under the DMCA, your counter-notification is forwarded to us by the service provider so that the rights holder can decide whether to pursue a court action; we use the information only for that purpose and for record-keeping, and we do not share it with anyone other than the client concerned, the provider and our advisers, unless required by law.

10. Abuse of the dispute process

Disputes submitted in bad faith - for example, repeatedly disputing clearly infringing uploads, or asserting licences that do not exist - may be reported to the platform under its own policies. This does not affect your statutory rights.

11. Contact

Disputes, questions and evidence requests: enforcement@sonproof.com. Privacy questions: privacy@sonproof.com. Please include the case reference and platform URL in all correspondence. DMCA counter-notifications must be sent to the service provider's designated agent as described in Section 5, not to Sonproof.