DMCA Counter-Notices Explained
What a DMCA counter-notice is, what it must contain under 17 U.S.C. §512(g), the 10–14 business day timeline, and how creators can respond.
A DMCA takedown isn't always the last word. The law gives the person whose material was removed a way to dispute it: the counter-notice.
What a counter-notice is
Under 17 U.S.C. §512(g), a user whose material was removed can send the service provider a counter-notification claiming the removal was a mistake or misidentification. If the provider follows the statutory process, it is protected from liability to that user for the takedown.
What it must include
- The user's physical or electronic signature.
- Identification of the removed material and where it appeared before removal.
- A statement under penalty of perjury that the user has a good-faith belief the material was removed by mistake or misidentification.
- The user's name, address and phone number, plus consent to the jurisdiction of the federal district court for their address (or, if outside the U.S., any district where the provider may be found), and agreement to accept service of process from the person who sent the original notice.
The 10–14 business day timeline
When the provider receives a valid counter-notice, it must promptly send a copy to the person who filed the original takedown and say it will restore the material in 10 business days. It then restores the material between 10 and 14 business days after receiving the counter-notice, unless the original complainant first tells it they have filed a court action seeking to restrain the infringement.
How creators can respond
- Check the claim. Is the material actually yours? Could it be licensed, or arguably fair use? If your notice was a mistake, withdraw it.
- Know the deadline. If you intend to sue, you must file and notify the provider within the window.
- Get legal advice. Filing suit is a significant step. Note that U.S. works generally must be registered with the Copyright Office before an infringement suit can be filed.
Counter-notices are rare for clear-cut leaks
Because a counter-notice requires a sworn statement and the sender's real identity and address, uploaders of plainly leaked paid content seldom file them. Knowingly false counter-notices also create liability under §512(f).
When a host forwards a counter-notice about a ClearTrace takedown, we pass it to you. See our DMCA Policy.
This article is general information, not legal, tax or financial advice for your situation.