As a creator, how do I file a DMCA takedown counter-notice?
A DMCA counter notice must include:
your physical or electronic signature.
identification of the content that was disabled and the location where it previously appeared.
a statement under penalty of perjury that you have a good faith belief that the content was disabled as a result of mistake or misidentification.
your address, telephone number, and email address.
Once you’ve prepared this material, send it to [email protected]as a plain-text list in the body of your message. You may also include it as a PDF attachment.
Before you file a DMCA takedown counter-notice, please:
The DMCA requires that you swear to your counter notice under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration. (See U.S. Code, Title 18, Section 1621.) Submitting false information could also result in civil liability.
Submitting a DMCA counter-notice can have real legal consequences. We recommend conducting a thorough investigation into the allegations made in the takedown notice and speaking with a lawyer before submitting a counter-notice.
You must have a good reason to submit a counter-notice.
In order to file a counter-notice, you must have “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.” (U.S. Code, Title 17, Section 512(g).)
Copyright laws are nuanced, so contact a lawyer for legal advice.
Sometimes a takedown notice might allege infringement in a way that seems odd or indirect. Copyright laws are complicated and can lead to some unexpected results. For example:
A copyright complaint might be based on non-literal copying of design elements present on your site, rather than the content itself—in other words, they think your design looks too similar to theirs.
Since there are many nuances to the law, it is important to get professional advice if the infringement allegations do not seem straightforward.