What is a DMCA counter-notice?
It's the uploader's formal answer to your notice, saying the removal was a mistake. If they send a valid one and you don't go to court, the material can go back up in 10 to 14 business days. Here's how that works, so one doesn't catch you out.
What the uploader has to put in it
Section 512(g)(3) makes them put their name to it:
- their physical or electronic signature
- the material that was removed and where it was
- a statement under penalty of perjury that they believe in good faith it was a mistake or misidentification
- their name, address and phone number, and their consent to federal court jurisdiction and to accepting service of process
So answering your notice means giving their identity and contact details. Knowingly false statements carry liability for damages, costs and attorneys' fees under section 512(f), in either direction.
The clock
- The provider removes the material and takes reasonable steps to tell the uploader.
- The uploader sends a counter-notice to the provider's agent.
- The provider promptly gives you a copy, and tells you it will put the material back in 10 business days.
- Between 10 and 14 business days later, it goes back up, unless you've told the provider you've filed a court action.
Platforms describe this in their own terms. YouTube gives claimants 10 US business days to respond with evidence of legal action, and Google says it may reinstate material after a counter notification. TikTok says it may forward the appeal with contact details to the reporter.
If you receive one
- Read it first. Check whether the uploader has a point. Perhaps they hold a license, or it's a lookalike, or the file was never yours. If so, drop it.
- If you're sure, talk to a lawyer quickly. The only thing the statute says keeps the material down is a court action, and the clock is short. See can I sue? for what that involves.
- Remember the other routes. A counter-notice answers a copyright claim. Consent-based routes rest on something else, and a page that's back up may still be delisted or reported under a platform's own rules.
I check every link by hand before filing, partly so a mistake of mine doesn't end here. If you get one, tell me and I'll say straight what I think. I'm not a lawyer, so a court action isn't something I can do for you.
General information, not legal advice. I'm not a lawyer and Abolita is not a law firm. Checked against the linked sources on 6 November 2026.
Quick answers
Can someone send a counter-notice just to get a leak back up?
They can send one, but it has to give their name, address and phone number and be made under penalty of perjury, and a knowing misrepresentation can make them liable for damages.
Do I have to go to court to keep it down?
Under section 512(g), after a valid counter-notice the provider puts the material back unless it hears that you've filed a court action. That's a decision to take with a lawyer.
Sources
- 17 U.S.C. § 512 (Cornell LII)
- YouTube: counter notification
- Google: DMCA policy and counter notices
- TikTok: copyright policy
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