What is a Counter-Notice (DMCA)?

A counter-notice is a formal response submitted under the Digital Millennium Copyright Act (DMCA) by a person whose content was removed following a DMCA takedown notice. It is used to dispute the claim that the content infringes on someone’s copyright.

If a platform removes content after receiving a DMCA takedown request, the person who uploaded the material may submit a counter-notice stating that the removal was a mistake or that they have the legal right to use the content. The counter-notice typically includes identifying information, a statement made under penalty of perjury, and consent to jurisdiction in a relevant court.

Once a valid counter-notice is received, the service provider may restore the removed content after a specified waiting period unless the original copyright claimant files a legal action seeking a court order to keep the material offline. This process helps balance the rights of copyright holders and content creators under the DMCA.