As a creator, how do I file a DMCA takedown counter-notice?
- 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.
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.