A counter-notice is the uploader's formal response to a DMCA takedown, asking the provider to restore material they believe was removed by mistake or misidentification.
Under 17 U.S.C. §512(g)(3), a counter-notice must include the uploader's signature, identification of the removed material and where it appeared, a statement under penalty of perjury of a good-faith belief that it was removed by mistake or misidentification, their name, address and phone number, and consent to the jurisdiction of a US federal court (for people outside the US, any district where the provider may be found) and to accept service from the person who sent the notice.
After receiving a valid counter-notice, the provider sends a copy to the original sender and restores the material not less than 10 and not more than 14 business days later, unless the sender first notifies it that they have filed a court action to restrain the infringement.
In practice
A counter-notice is the point where a copyright dispute either ends or goes to court. If you sent the original notice and a counter-notice arrives, you have a short window to decide whether to file suit; otherwise the content comes back. Counter-notices also disclose the uploader's identity and address to the sender, which is one reason anonymous uploaders rarely file them. Platforms such as YouTube run their own counter-notification process on the same legal basis.
Source: 17 U.S.C. §512(g) ↗
Related removals
- DMCA takedown — Quoted by scope, pay on success
- YouTube video — $3,700 per video, pay on success
Related terms
- DMCA takedown — A DMCA takedown is a notice under US copyright law asking a host, platform or search engine to remove material that infringes a copyright you own or are authorised to enforce.
- YouTube copyright strike — A YouTube copyright strike is a penalty placed on a channel when YouTube removes one of its videos in response to a valid copyright removal request.
- Takedown notice — A takedown notice is a formal written request asking a platform, host or search engine to remove specific content because it breaks the law or the provider's own rules.
- Repeat infringer policy — A repeat infringer policy is a service provider's rule for terminating the accounts of users who repeatedly infringe copyright, required to keep DMCA safe-harbour protection.