DMCA & Infringement Complaints
Evidence-backed DMCA takedown notices and copyright or trademark complaints.
DMCA Counter-Notification
If your content was taken down by mistake, a counter-notification is the formal route to get it restored.
When a platform removes your content after a DMCA notice, you are not without options. If you believe the removal was a mistake (the work is yours, licensed to you, in the public domain or a fair use), the DMCA lets you submit a counter-notification asking the provider to restore it.
It is a serious legal document. It is signed under penalty of perjury and, in the U.S., includes consent to the jurisdiction of a federal court. That is why it should rest on evidence and be filed only when you have a good-faith basis.
We start with a review of the facts. If the evidence does not support a counter-notification, we will say so, and you may want to speak to an attorney.
What a counter-notification must include
Under 17 U.S.C. § 512(g)(3), a counter-notification must contain all of the following.
- Your signatureA physical or electronic signature.
- Identification of the removed materialWhat was taken down, and where it appeared before removal.
- A good-faith statement, under penalty of perjuryThat you believe the material was removed or disabled because of a mistake or misidentification.
- Your contact detailsYour name, address and telephone number.
- Consent to jurisdictionConsent to the federal district court for your address (or, if outside the U.S., any district where the provider can be found).
- Acceptance of serviceA statement that you will accept service of process from the person who filed the original notice.
What happens after you file
You file
The counter-notification goes to the provider’s designated agent.
Provider forwards it
The provider passes it to the person who sent the original notice.
10 to 14 business days
After the provider receives it, the waiting period gives the complainant time to go to court.
Restored, unless sued
Unless the complainant tells the provider it has filed a court action, the provider restores the content.
Know the risks
Your name and contact details are passed to the complainant. A knowingly false counter-notification can carry liability under 17 U.S.C. § 512(f). If you are unsure you hold the rights, get advice before filing.
What’s included
Everything you need, handled properly
Takedown review
We review the notice, the platform’s action and the work it claims.
Case review
We organize the facts on mistake, license, public domain or fair use so you can decide whether a counter-notification is right for you.
Evidence gathering
Original files, licenses, invoices, timestamps and permission records.
Counter-notice drafting
A complete document that meets every statutory element and the platform’s own form requirements.
Filing & monitoring
Submission through the right channel and tracking of the waiting period.
Next-step planning
If the complainant escalates, we help you understand your options and coordinate with counsel.
Our process
How we prepare a counter-notification
Review
We study the takedown notice and what was removed.
Review
We compare the claim with your evidence and tell you what the record does and does not show.
Prepare
We draft the counter-notification and assemble supporting proof.
File & track
We file it and follow the case through the waiting period.
FAQ
Frequently asked questions
Who can send a counter-notification?
The person whose content was removed or disabled (the account holder or their authorized agent) who has a good-faith belief that the removal was a mistake or a misidentification.
Will my content definitely be restored?
Not necessarily. If the complainant files a court action within the waiting period, the provider may keep the content down. Platforms also apply their own policies, including repeat-infringer rules.
Does this apply on YouTube, Google Play, Facebook and Instagram?
Most major platforms have their own dispute or appeal process built on the DMCA framework. We follow each platform’s specific requirements.
What if I’m not sure the takedown was wrong?
Then pause. Submitting a knowingly false statement can have legal consequences. Get in touch and we will review the facts with you first.
Ready to get started with Counter-Notification?
Your first consultation is free. Tell us what you need and we’ll reply by email.