The Digital Millennium Copyright Act provides a notice-and-takedown framework for certain online copyright complaints under Section 512. A notice to a service provider is different from filing a lawsuit. Removal does not establish infringement, ownership, or an entitlement to damages.
What should you check before sending a notice?
Confirm that you own the relevant copyright or are authorized to act. Identify the protected work and the specific allegedly infringing material, including its location. Review permissions and potential lawful uses, including fair use, before making required statements. Preserve evidence of the use and check the provider's designated agent or reporting process.
A notice generally needs a signature, identification of the work and challenged material, contact information, and required good-faith, accuracy, and authority statements. Use the provider's instructions and the statute; an incomplete notice may require correction. Do not use a copyright complaint to resolve a dispute that concerns only a trademark or an unfavorable opinion.
What is a counter-notice?
A person whose material was removed may submit a qualifying counter-notice when they have a good-faith belief that removal resulted from mistake or misidentification. It involves identifying the material and its former location, a signature, contact details, a statement under penalty of perjury, and consent to specified federal court jurisdiction and service of process.
This is a consequential legal response, not simply an appeal button. Review the facts and required statements before submitting one. A provider generally shares the counter-notice with the complaining party.
What happens after a counter-notice?
Under the statutory process, the provider generally restores material between 10 and 14 business days after receiving a qualifying counter-notice unless its designated agent receives notice that the complainant filed an action seeking a court order restraining the disputed activity. Other platform rules may affect whether content remains available.
Knowingly making material misrepresentations about infringement or mistaken removal can create liability. Preserve the notices and track communications. A takedown process does not replace an assessment of the underlying claim or court deadlines.
What should you bring to an attorney?
Provide the complete notice or counter-notice, URLs, screenshots, provider messages, licenses, and registration information. Explain whether you are the creator, user, or service provider and what deadline has been stated. See infringement and enforcement for dispute preparation and ownership and licensing for permission questions.
Discuss your copyright question
Contact Lowry Blixseth APC in Agoura Hills or call 818.584.6460. Bring the work, relevant agreements, registration records, and any notice or deadline.