How the notice process works
Most DMCA action happens outside court. A copyright owner sends a takedown notice to a platform's designated agent identifying the work and the infringing material, and the platform, to keep its safe harbor, generally removes or disables access promptly. The person who posted the material can respond with a counter-notice stating, under penalty of perjury, a good-faith belief that it was removed by mistake or misidentification. The platform may then restore the material after a set waiting period unless the claimant files a lawsuit and tells the platform. Because platforms that meet the statute's conditions are largely shielded from monetary liability for user uploads, they tend to act on notices quickly.
Before sending a notice or counter-notice
A takedown notice should come from someone who owns or controls the right, and the sender should consider whether the use might be licensed or fair use before sending it, since knowingly false notices can expose the sender to liability. Keep copies of the work, proof of ownership, and screenshots of the infringing post with URLs and dates. A counter-notice involves consenting to the jurisdiction of a federal court and passes your contact information to the claimant, so it should not be sent casually. If the takedown was wrong, gather what shows your right to use the material, such as licenses, permission emails, or your original files.
When the process is not enough
Repeated reposting, offshore sites that ignore notices, or material restored after a counter-notice may call for a different approach. We look at whether a lawsuit, a subpoena to identify an anonymous uploader, or a licensing discussion fits the situation. For people whose content was taken down, we consider whether a counter-notice is wise and whether the claimant's notice was improper. Platforms also apply repeat-infringer policies, so several strikes against one account can carry real business consequences. Bring the notices, the platform correspondence, and the material involved.
