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Intellectual Property

DMCA Takedown Notice

The email from the platform says your post, listing, or video was removed because of a DMCA takedown notice. Your account may now carry a strike, and the message usually includes a link inviting you to respond.

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01 GUIDE

DMCA Takedown Notice: what usually happens

What the notice does and does not mean

A removal following a DMCA takedown notice means the platform received a complaint that met its requirements, not that anyone has decided you infringed. Platforms generally take material down first and leave the dispute to the parties, because that is how they keep their own legal protection. The practical stakes are often immediate: repeat complaints can lead to suspension under the platform's repeat-infringer policy, and for sellers or creators that can mean lost income. Read the notice carefully for who sent it and which work it says was copied. Sometimes the sender is an agent or an automated service, and occasionally the notice is plainly mistaken or abusive.

Counter-notices carry consequences

A counter-notice is a statement, made under penalty of perjury, that the material was removed by mistake or misidentification. It typically includes your name and address, which go to the person who complained, and your consent to the jurisdiction of a federal court. It can lead to the material being restored, but it also tells the complainant exactly where to sue you. A license, permission from the owner, or a genuine fair use position can be reasons to consider one, and the evidence behind them should be gathered first. If the complaint is accurate, a counter-notice is the wrong tool and can make your position worse.

Sorting out the response

Gather whatever shows where the material came from: licenses, purchase receipts, permission emails, original files, or your own drafts. Check whether other listings or posts use the same material, since one notice is often followed by more. If you sell through a marketplace, look at its own appeal process as well, which may run alongside the legal one. We review the notice and the underlying work with you and assess whether a counter-notice, a licensing conversation, or simply letting the removal stand fits your situation. If contact with the complaining party becomes necessary, we handle it so that nothing said in frustration ends up in the record.

02 ATTORNEYS

Who you would be working with

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03 HOW WE WORK

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Attorney Advertising. This page is general information about DMCA takedown notice and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.