A DMCA counter notice is a formal reply from the person whose content was taken down, telling the website or host the removal was a mistake and asking for it to be put back. It comes after a DMCA takedown, never before. Once a valid counter notice arrives, the content can go back up in 10 to 14 business days unless the person who sent the takedown files a lawsuit.
A counter notice is a sworn statement, and it hands your name, address and phone number to the person who reported you. Getting it right matters on both sides: whether you want your content back, or you sent the takedown and just got one in reply. Our team reviews counter notices and handles the response for you as part of our Platinum Takedown, $599 per site.
Reviewed by the DMCA.com Takedown Team · Last reviewed November 2026
The counter notice timeline, step by step
- A takedown notice is sent. Someone tells a website, platform or host that content there copies their work.
- The content comes down. The site removes it or blocks access, and should let the uploader know.
- The uploader sends a counter notice. They say, under penalty of perjury, that the removal was a mistake or the content was misidentified.
- The site passes it on. The person who sent the takedown gets a copy, and is told the content will go back up in 10 business days.
- The 10 to 14 business day window runs. The site can restore the content no sooner than 10 and no later than 14 business days after it got the counter notice.
- The content goes back up, or stays down. It stays down only if the person who sent the takedown tells the site they have filed a lawsuit to stop the uploader.
This process comes from 17 U.S.C. 512(g), the part of the DMCA that protects sites when they restore content after a counter notice. New to takedowns? Start with What is a DMCA takedown.
What a valid counter notice has to include
The law (17 U.S.C. 512(g)(3)) lists four things. Miss one and the site does not have to act on it.
- Your signature, typed or electronic, or the signature of someone allowed to act for you.
- What was removed and where it was before it came down, so the site can find it.
- A statement, under penalty of perjury, that you believe in good faith it was removed by mistake or misidentified.
- Your name, address and phone number, plus your agreement to the jurisdiction of a US federal court and to accept legal papers from the person who sent the takedown. That is the federal court for where you live, or, if you live outside the US, one where the site can be sued.
Most platform forms also ask for an email address. The DMCA itself doesn't set a deadline for sending a counter notice, but some platforms set their own, so check the site's copyright help page.
Good to know: the person who sent the takedown sees everything in your counter notice, including your contact details. That is how they would reach you if they decide to go to court.
Got your content taken down? When a counter notice makes sense
A counter notice is for content that should never have been removed. For example:
- It is yours. You made it, bought the rights, or have a license to use it.
- The wrong thing was removed. The notice named your page or file by mistake.
- The notice was fake or abusive. Someone used a takedown to silence or harass you. See How can I reduce fake DMCA takedown notices.
Don't send one just to get content back up that isn't yours. A counter notice is sworn, and anyone who knowingly misrepresents that content was removed by mistake can be held liable for damages under 17 U.S.C. 512(f).
A counter notice also can't stop or delay a takedown. The content has to come down first. If you run a website or host and a takedown notice just landed in your inbox, start with I just received a DMCA takedown notice.
What you need before you start
The takedown notice
A copy of the notice you received, including the link or links it asked to have removed.
Where your content was
The exact page or post where it was published before it came down, like your website, profile or channel.
Proof it is yours
Why you have the right to use it: original files, a license, a receipt, or the date you first posted it. For example: "I took this photo myself and first posted it on my own Instagram."
DMCA.com Fast Tip
A counter notice can only be sent once the content has been removed. Keep a copy of the takedown notice and note the date the site gets your counter notice, so you know when the 10 to 14 business day window ends.
Sent the takedown and got a counter notice back?
A counter notice does not mean you were wrong. It means the uploader disagrees, and the clock has started. Your options:
- Check it is valid. If it is missing any of the four items above, the site does not have to restore the content.
- Decide whether to go to court. The only way to keep the content down is to file a lawsuit and tell the site before the window closes. That is a step for a copyright lawyer. DMCA.com is a takedown service, not a law firm, and we don't give legal advice.
- Let it go back up. If you do nothing, the site can restore the content after 10 business days.
Your takedown notice was sworn too. If it was based on a mistake, letting the content go back up is usually the right call.
Where to send a counter notice
Send it to whoever removed your content. That depends on where it was:
- On a platform like YouTube, Instagram, TikTok or Etsy. Use the platform's own counter notification form, inside the app or its help center.
- On your own website. If your web host removed the page or took the site offline, send it to the host's DMCA contact (its "designated agent").
- On someone else's website. Send it to that site's DMCA contact.
The rules are the same everywhere: the content has to be removed first, you give the same details, and the same 10 to 14 business day window applies. On some platforms a takedown also comes with a copyright strike against your account. See What is a DMCA strike.
Counter notice or counterclaim?
Same thing, different name. You will see "counter notice", "counter notification" and "counterclaim" used for the same reply, and the same rules apply to all three.
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