📋 Overview

You've received a DMCA takedown notice and your content has been removed. The Digital Millennium Copyright Act (17 USC 512) provides a process for challenging wrongful takedowns. If you believe your content was removed in error or is protected by fair use, you have the right to file a counter-notification.

Content Removed

Platforms must remove content "expeditiously" upon receiving a valid DMCA notice to maintain safe harbor protection.

Counter-Notice Right

You can file a counter-notification under 17 USC 512(g) if you believe the takedown was improper or your use was lawful.

Restoration Timeline

Content must be restored 10-14 business days after counter-notification unless the claimant files a lawsuit.

Common Reasons for Wrongful Takedowns

  • Fair use - Commentary, criticism, parody, education, news reporting
  • Licensed content - You have permission or a license to use the material
  • Public domain - Copyright has expired or was never valid
  • Original work - Content is your own creation, not copied
  • De minimis use - Amount used is too small to constitute infringement
  • Misidentification - Claimant doesn't own the copyright they claim
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DMCA Counter-Notification Service

Professional counter-notice drafted by an IP attorney, includes fair use analysis and platform submission.

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🔍 Evaluate the Notice

Before responding, examine the DMCA notice carefully. Many takedown notices are deficient, fraudulent, or simply wrong.

Valid DMCA Notice Requirements (17 USC 512(c)(3))

Required Element What It Means Check For
Physical/electronic signature Claimant or authorized agent must sign Actual signature present
Identification of copyrighted work Must identify the specific work allegedly infringed Vague claims may be invalid
Identification of infringing material Must specify exactly what content to remove URL or specific location
Contact information Address, phone, or email of complaining party Valid contact info
Good faith statement Statement that use is not authorized Proper language included
Accuracy statement under penalty of perjury Claimant confirms they own or represent owner Perjury declaration

📄 Notice Deficiency Check

  • ✓ Notice is missing required elements
  • ✓ Claimant doesn't appear to own copyright
  • ✓ Wrong content identified
  • ✓ No perjury statement

⚖ Fair Use Analysis

  • ✓ Transformative purpose (commentary, criticism, parody)
  • ✓ Limited amount used
  • ✓ No market harm to original
  • ✓ Educational or news purpose

Counter-Notice Consequences

Filing a counter-notification is a legal document signed under penalty of perjury. Your identity and address will be provided to the original claimant, and you consent to federal court jurisdiction. Only file if you have a good faith belief your content is non-infringing.

🛡 Your Defenses

Several legal doctrines may protect your content from copyright claims.

Fair Use (17 USC 107)

Fair use allows use of copyrighted material for criticism, commentary, news reporting, teaching, scholarship, or research. Courts evaluate: (1) purpose and character of use, (2) nature of the copyrighted work, (3) amount used, and (4) market effect.

When to use: Reaction videos, reviews, educational content, parodies, news commentary.

Licensed/Authorized Use

You have a license, permission, or authorization to use the content. This includes Creative Commons licenses, stock media licenses, or direct permission from the copyright owner.

When to use: You purchased a license, received written permission, or content is under CC license.

Public Domain

Works published before 1929 (as of 2024) are in the public domain. Government works (17 USC 105) and works with expired copyrights are free to use.

When to use: Historical footage, old music, government documents, expired copyrights.

Ownership/Original Work

The content is your own original creation and not copied from anyone. You are the actual copyright owner.

When to use: Claimant wrongly identified your original work as theirs.

Misidentification / No Ownership

The claimant doesn't actually own the copyright they claim, or has misidentified the content. This is common with Content ID abuse.

When to use: Claimant is a third party with no rights, or automated system made an error.

17 USC 512(f) - Bad Faith Takedowns

If a claimant knowingly misrepresents that material is infringing, they can be liable for damages including attorney fees and costs. See Lenz v. Universal Music Corp. - copyright holders must consider fair use before sending DMCA notices.

⚖ Response Options

Based on your situation, choose the appropriate response strategy.

File Counter-Notification

The formal DMCA process to restore your content. Platform must restore content in 10-14 days unless claimant files lawsuit.

  • Legal process under 17 USC 512(g)
  • Content restored if no lawsuit filed
  • Your info shared with claimant

Platform Internal Appeal

Many platforms (YouTube, Facebook) have internal dispute processes that may be faster than formal DMCA counter-notice.

  • Often faster resolution
  • May preserve anonymity
  • Platform-specific process

Contact Claimant Directly

Reach out to explain the situation. Many takedowns result from misunderstandings or automated systems.

  • May resolve quickly
  • Builds relationship
  • No legal process needed

Accept & Remove

If the claim has merit, remove the content and move on. Consider this if infringement is clear.

  • Avoids escalation
  • No legal costs
  • May lose content permanently

Litigation Risk

If you file a counter-notification, the claimant has 10-14 business days to file a federal lawsuit to keep your content down. If they don't sue, your content must be restored. If they do sue, you'll need to defend in federal court. Only counter-notify if you're confident in your position and prepared for potential litigation.

📝 Counter-Notification Templates

These templates provide the required elements for a valid DMCA counter-notification under 17 USC 512(g).

DMCA Counter-Notification - Fair Use
DMCA COUNTER-NOTIFICATION To: [Platform DMCA Agent] I, [YOUR FULL LEGAL NAME], state under penalty of perjury that I have a good faith belief that the material identified below was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. IDENTIFICATION OF REMOVED MATERIAL: URL: [URL where content was located] Title: [Title of removed content] REASON FOR COUNTER-NOTIFICATION: The removed content constitutes fair use under 17 USC 107. My use of the copyrighted material was transformative, serving the purpose of [criticism/commentary/parody/education/news reporting]. Only a limited portion of the original work was used, and my content does not substitute for or harm the market for the original. I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located, or if outside the United States, the judicial district in which the service provider may be found. I will accept service of process from the person who provided the original notification or an agent of such person. My contact information: Name: [Full Legal Name] Address: [Street Address, City, State ZIP] Phone: [Phone Number] Email: [Email Address] Signature: _______________________ Date: [Date]
Counter-Notification - Licensed Content
DMCA COUNTER-NOTIFICATION To: [Platform DMCA Agent] I, [YOUR FULL LEGAL NAME], state under penalty of perjury that I have a good faith belief that the material identified below was removed or disabled as a result of mistake or misidentification. REMOVED MATERIAL: URL: [URL of removed content] REASON FOR COUNTER-NOTIFICATION: I have a valid license to use the material in question. The license was obtained from [Licensor name - e.g., stock music site, rights holder] on [date], License/Order ID: [License number]. The complaining party is either not the copyright owner, or the copyright owner has already authorized my use through the license agreement. I can provide proof of license upon request. I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located, or if outside the United States, the judicial district in which the service provider may be found. Contact Information: [Full Name, Address, Phone, Email] Signature: _______________________ Date: [Date]
Counter-Notification - Original Work
DMCA COUNTER-NOTIFICATION To: [Platform DMCA Agent] I, [YOUR FULL LEGAL NAME], state under penalty of perjury that I have a good faith belief that the material identified below was removed or disabled as a result of mistake or misidentification. REMOVED MATERIAL: [URL and description of removed content] REASON FOR COUNTER-NOTIFICATION: The content in question is my own original work. I am the sole author and copyright owner. The complaining party has no rights to this material and has incorrectly claimed ownership. I created this content on [date]. I have [original files/drafts/creation records] that prove my authorship and ownership predating any claim by the complaining party. The takedown notice is therefore based on a misidentification or false claim of ownership. I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located. Contact Information: [Full Name, Address, Phone, Email] Signature: _______________________ Date: [Date]

🚀 Next Steps

After receiving a DMCA takedown, follow this timeline.

Step 1: Evaluate Immediately

Review the notice for validity and analyze whether your use is protected. Preserve all evidence of your rights.

Step 2: Choose Strategy

Decide whether to file counter-notice, use platform appeals, contact claimant, or accept removal.

Step 3: File Counter-Notice

Submit properly formatted counter-notification to the platform's designated DMCA agent.

Step 4: Wait 10-14 Days

Platform must restore content unless claimant files federal lawsuit within this window.

If Claimant Files Lawsuit

  • Federal court - Copyright cases are heard in federal district court
  • Hire an attorney - Federal litigation requires professional representation
  • Fair use defense - Assert your fair use or other defenses
  • 17 USC 512(f) counterclaim - If takedown was in bad faith, pursue damages

Repeat Infringer Policies

  • Most platforms have "three strikes" policies for repeat infringers
  • Valid counter-notifications typically don't count as strikes
  • Document all disputes to protect your account standing

Get Professional Help

DMCA disputes can escalate to federal litigation. Get a professional counter-notification and fair use analysis from an IP attorney.

Schedule Consultation - $350

Key Legal Resources

  • 17 USC 512: DMCA Safe Harbor and counter-notification procedures
  • 17 USC 107: Fair use doctrine
  • Lenz v. Universal (2015): Copyright holders must consider fair use before sending takedowns
  • Copyright.gov: Official US Copyright Office resources