Overview

A DMCA counter-notice is a formal response that tells a service provider the takedown was a mistake or misidentification. When valid, the provider may restore the content after 10–14 business days unless the claimant files a lawsuit.

When to Consider a Counter-Notice

• You own the content or have a license.
• The use is a fair use or otherwise legally authorized.
• The notice appears abusive or incorrect.

What a Counter-Notice Must Include

• Identification of the removed content and its location before removal.
• A statement under penalty of perjury that the material was removed due to mistake or misidentification.
• Your name, address, phone number, and consent to jurisdiction of your federal district court.
• Your physical or electronic signature.

Process & Timelines

1. Send the counter-notice to the provider’s designated agent.
2. Provider forwards it to the claimant.
3. If the claimant does not sue within ~10–14 business days, the provider may restore the content.

Practical Tips

• Keep communications professional and factual.
• Do not make false statements.
• Consider counsel if there is business risk.

Disclaimer This article is for informational purposes only and does not constitute legal advice.