The Elements of notification under Subsection 512(c) of the US Copyright Law mentions that a notification of any claimed infringement ought to be a written piece communication given to a service provider’s designated agent. It should include substantially the following aspects related to alleged misrepresentations as explained below:

Provisions regarding Misrepresentations

Any person, who happens to knowingly materially misrepresent under this particular section –

• that material or activity is infringing, or
• that material or activity was removed/ disabled by mistake or misidentification,

shall be liable for any damages. These will include costs and attorneys’ fees, that are incurred by the alleged infringer, by a copyright owner or his/her (copyright owner) authorized licensee, or by a service provider, injured by such misrepresentation, as the result of the latter (service provider) having relying upon any such misrepresentation in removing/ disabling access to the material or activity, which is claimed to be infringing, or in replacing the removed text material or ceasing to disable public access to it.

Replacement of removed/ disabled material & limitation on other liability

1. No liability for taking down generally

(Subject to specific provisions of paragraph 2), a service provider shall not be liable to any person for any claim based on its good faith disabling of access to, or removal of, material or activity claimed to be infringing or based on facts or circumstances from which infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing.

2. Exception – The paragraph 1 shall not apply w.r.t. to material residing at the direction of a subscriber of the service provider on a system/ network controlled or operated by or for the service provider that is removed, or to which access is disabled by the service provider, pursuant to a notice under relevant subsection, unless the service provider –

• takes reasonable steps promptly to notify the subscriber that it has removed or disabled access to the material;
• upon receipt of a counter notification described in paragraph (3), promptly provides the person who provided the notification under specific subsection  with a copy of the counter notification, and informs that person that it will replace the removed material or cease disabling access to it in 10 business days; and
• replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under specific subsection that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network.

3. Contents of counter notification – To be effective under this subsection, a counter notification must be a written communication provided to the service provider’s designated agent that includes substantially the following:

A physical or electronic signature of the subscriber

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

4. Limitation on other liability – A service provider’s compliance with paragraph (2) shall not subject the service provider to liability for copyright infringement with respect to the material identified in the notice provided under specific subsection.

(Information courtesy: The US Copyright Office)