Someone Took Down Your Content by Mistake? Learn How To File a DMCA Counter-Notice!

When you are a content creator, it’s not enough to think about how to copyright your work and protect it from copyright infringement

You also have to learn how copyright works in general and use that knowledge to avoid committing copyright infringement.

If you find yourself on the wrong side of a copyright dispute and get a DMCA notice, DoNotPay will help you fight back. 


Why Would an Author Hit You With a DMCA Takedown Notice?

The Digital Millennium Copyright Act (DMCA), one of the leading copyright laws in the United States, creates the foundation for every DMCA takedown notice. 

DMCA offers protection to the copyright owner that lasts during his or her lifetime and an additional 70 years. 

This default copyright permits the author to:

  • Replicate and distribute his or her work
  • Sell the work of authorship
  • Create derivative work
  • Sell or give a license to anyone to use the content

If you use that copyrighted material without a license from the copyright owner and not in the scope of fair use, the author also has a right to send a DMCA copyright infringement notice.

These notices don’t go directly to you but to the Internet Service Provider (ISP) hosting the website where you posted the content. 

ISPs and platforms like Twitch, YouTube, and Google have default protection from being sued for copyright infringement, as long as they react to any copyright claims immediately. 

This means that the content you posted will be taken down as soon as the ISP verifies the takedown notice’s validity. If you believe the notice was sent by mistake or that you have a right to use the content, you can send a DMCA counter-notice to the copyright owner and the ISP.

How To Write a DMCA Counterclaim

When the copyright owner sends a DMCA takedown notice, your ISP has to inform you that they have removed the content and who is behind the request.

You can use the contact info to email a counterclaim to the copyright owner and the ISP, explaining your situation—whether you think the takedown was a mistake or you have a right to use the content.

The notice should include these details: 

Section Description

Identification of the removed content

This could include a general description of the content and an explanation of where it was posted on the website. 

You can also include links if you can access them post-removal

A statement under penalty of perjury

You need to declare, under penalty of perjury, that every fact you presented in the notice is true according to the best of your knowledge

A good-faith statement

You should state that the content was taken down due to a mistake

Your contact info

Include your name, address, and telephone number

Consent to the Federal District Court Jurisdiction

You should include a statement that you accept the jurisdiction of the Federal District Court for the judicial district in which you live 

Your physical or electronic signature

It can be your full name or the name of the company

Will I Be Sued for Filing a DMCA Counter-Notice?

Sending a counter-notice can be a legal risk, especially if you do not have legal grounds for filing it. 

It’s a federal crime to lie in this type of notice, and you have to include a statement under penalty of perjury. This means that if you lie, you could get sued for money damages.

Can I Claim Fair Use as My Defense Against Copyright Infringement?

You can state in your counter-notice that the content was used within the scope of the fair use rules. This defense could work in court, but you should be careful.

Fair use is the use of copyrighted material without permission from the copyright owner. It allows creators to use the content, but only to a certain degree. 

The use of the original material has to be transformative and add value or change the meaning of the original.

If you end up in court for copyright infringement and decide to claim fair use, note that the judges make decisions on a case-by-case basis.

There are four factors that the court considers:

  1. Was the content transformed?
  2. What is the purpose of using that content?
  3. How much of the original content did you use?
  4. What was the effect of the use on the market? 

How Can DoNotPay Help if Someone Infringes on Your Copyright?

When it comes to your content, you will want to keep infringers away. While you also have default protection, there are some additional measures you can implement. 

Adding a copyright notice to your website could scare off potential content thieves. It will also ruin their defense in court as they cannot claim they didn’t know the content was copyrighted.

Another option is to register your work with the U.S. Copyright Office. The process creates a public record of your ownership and allows you to file a lawsuit against infringers.

In case someone uses your content without permission, the first step is to file a DMCA takedown notice.

You can do this on your own or save time and money by using the first virtual lawyer in the world. DoNotPay was honored with the American Bar Association Louis M. Brown Award for Legal Access and can create a professional takedown notice and send it on your behalf in minutes.

Here is how to generate and file a takedown notice with our app:

  1. Access DoNotPay from your web browser
  2. Tap the DMCA Takedown feature
  3. Type in the title of your content
  4. Paste the link to the website hosting your content without permission
  5. Paste the link to the website where you posted the content originally
  6. Tap the Sign and Submit button 

We will draft the letter based on the data you provided and send it to the appropriate ISP. You can keep up with the process in the My Disputes tab. 

What Else You Can Do With DoNotPay

Our app is a virtual assistant that can take over any annoying task you don’t want to deal with. 

We can simplify the administrative chores that come after the creative process. 

DoNotPay can teach you how to copyright a song, script, poem, or video game and inform you about the costs of registering your copyright. We can also lead you through the specifics of YouTube, Facebook, and Instagram copyright systems. 

Use DoNotPay to learn about famous copyright infringement cases, DMCA abuse consequences, and the difference between a trademark and copyright

We can also teach you the best methods for checking copyright for different content types and avoiding copyright infringement penalties.

DoNotPay offers an array of other services as well! Check them all out by accessing DoNotPay from your web browser.

Some of the tasks we can help you with are: