Hit with a false DMCA takedown? How to respond

A counter notice can put your content back online, usually within about two weeks.

Takedown notices are sometimes wrong and sometimes abusive. Competitors use them to knock down listings, and people use them to bury criticism.

The counter notice

If your content was removed by mistake or misidentification, you can send the platform a counter notice. It must include:

Your signature and contact details
The material that was removed and where it appeared
A statement under penalty of perjury that you believe the removal was a mistake
Your consent to the jurisdiction of a US federal court

The timeline

The platform passes your counter notice to the person who complained. Unless that person files a lawsuit, the platform should restore the material between 10 and 14 business days later.

Think before you send

A counter notice gives your name and address to the other side and invites them to sue. If you did copy the work, sending one makes things worse.

Claims against the sender

A person who knowingly misrepresents that material infringes can be liable for your losses and legal fees. Courts have also said a copyright owner must consider fair use before sending a notice.

Repeat strikes

Several strikes can close an account or a store. If a rival is filing notices in bulk, a lawyer's letter to the platform and to the sender often stops it faster than answering each one.