A counter-notice is the other side of a DMCA takedown: the person whose content was removed can formally dispute it, saying the removal was a mistake or a misidentification.
What a counter-notice must contain
- Identification of the removed material
What was removed and where it appeared before removal.
- A statement under penalty of perjury
That they believe in good faith the material was removed by mistake or misidentification.
- Their name, address and phone number
Real contact details, which are passed on to you.
- Consent to jurisdiction
Agreement to the jurisdiction of a US federal court and to accept service from the person who sent the original notice.
- Their signature
A physical or electronic signature.
What happens next
When a US platform receives a valid counter-notice, it forwards it to you. Under the DMCA, it can then restore the material no sooner than 10 and no later than 14 business days later, unless you notify it that you've filed a court action seeking to stop the infringement. Platforms outside the US often follow a similar process, with their own timings.
This surprises people who assume a takedown is the end of the process. A counter-notice doesn't mean your claim was wrong. It means the other party disagrees, and the platform isn't in a position to decide who's right. It hands the dispute back to the two of you or, ultimately, a court.
Decisions to make before the window closes
- Check your original claim
Is your ownership clear, and is the material a copy rather than commentary, a licensed use or something you've authorised?
- Check the counter-notice itself
Missing elements or contact details that are obviously false are worth raising with the platform.
- Decide whether court action is realistic
If you want the material to stay down, that usually means legal action, so speak to a lawyer early rather than on day nine.
- Plan for restoration
If you won't take legal action, decide whether monitoring, a different legal route or a negotiated outcome makes more sense.
Both sides carry risk
The DMCA makes anyone who knowingly misrepresents that material is infringing, or that it was removed by mistake, potentially liable for damages. That cuts both ways: it's a reason to send only well-founded notices, and a reason a false counter-notice isn't free for the person who files it.
If you've received a counter-notice:
We help you understand what a counter-notice means for your case and what your realistic options are, and we work alongside your lawyer if you decide to take it further.