DMCA Takedown Fast Tip
A DMCA Counterclaim can only be submitted once the content has been removed as requested in the DMCA Takedown Notice.
A DMCA Counterclaim is submitted in response to a valid DMCA Takedown by the accused infringing website or content owner. This is submitted to the service provider (OSP/ISP) after the DMCA Takedown Notice has been submitted and after the content has been removed from the listed infringing website.
The DMCA Counterclaim process occurs after the initial DMCA Take down has been completed (removal of claimed infringed content).
A counterclaim cannot be used to defend against or as a defense to a Takedown Notice.
A counterclaim cannot be used to delay the process of a Takedown Notice.
Once the service provider (ISP/OSP) has received a valid DMCA Counterclaim they must wait 10-14 days before they re-activate or allow access to the claimed infringing content. Unless the copyright owner (complainant) files a order in court against the infringing site owner, the defendant (ISP / OSP subscriber) and demonstrates the order to the ISP/OSP.
If you need to process a Counterclaim, we can help. Click here to submit the form.
A DMCA Takedown is when content is removed from a website or internet platform at the request of the original owner of the content. The DMCA Takedown is a well-established and accepted internet standard followed by website owners and internet service providers everywhere.
Any owner of content has the right to process a takedown notice against a website owner and/or an Online Service Provider (e.g., ISP, hosting company etc.) if the content owner's property is found online without their permission.
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Three basic pieces of information are needed to file a DMCA Counterclaim
Where on the internet or platform does the DMCA Notice claim as the original content? What is the link that was provided in the notice?
An example link would look like: https://www.badguy_site.com/webpage/image_2
Where was your content located when it was removed? Was it on your social media profile? Was it from your own website? Provide the exact URL where it was published, even if the content has already been removed from its original location. The original URL is required for the notice. If it was online such as a website or cloud storage provide the link to the exact page it was on. You can upload the original content to a cloud storage service and provide that URL to assist with the filing.
An example link would look like: https://share.icloud.com/photos/my_original_content
How is this content yours? What is the content owner's name and how was the content stolen? How do you own it? Did you create it, buy it, copyright it? Who is claiming ownership of the content? Who is authorized to file the DMCA Takedown? When did you create the content and when was the content stolen?
An example description would sound like: "My photo I took of myself on my camera was stolen from my Google Drive and was posted on this website without my knowledge. I am the original owner of the photo the DMCA notice is false."
If you are unsure how to collect the information for these three categories the Professional Takedown Team at DMCA.com can help with the answers. Click here to ask us about your situation.
Infringing content is taken down from many different websites and platforms. Here are some examples of where content is removed online:
These Takedown actions occur upon receipt of a DMCA Takedown Notice which uses stipulations laid out in the Digital Millennium Copyright Act. (DMCA). This Act directly addresses the takedown of (copyright) infringed content from a website which is publishing content in violation of copyright protection act or content being used without permission or not in accordance to the sworn statement of the content owner.
Simply Stated, there are many ways content may be removed but the process starts with a Takedown Notice.
http://www.copyright.gov/legislation/dmca.pdf - page 12