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LegalTerm · #counter-notification

Counter-notification (DMCA §512(g))

Short definition

A formal response by the alleged infringer asserting that the takedown notice was filed in error or content is non-infringing.

A counter-notification is the procedural response built into DMCA §512(g): if your content was removed under a DMCA notice and you believe the notice was filed in error or that your use is fair use / non-infringing, you can file a counter-notification with the host. The host then forwards the counter-notice to the original complainant; if the complainant doesn't file suit within 10-14 business days, the host must restore the content.

Counter-notifications are an underused defensive tool because most users don't know they exist, and because filing a counter-notice waives some procedural protections (you consent to U.S. court jurisdiction). Offshore hosts that operate outside DMCA process don't have a strict counter-notification framework but typically forward takedown notices to their customers and decline to act unless the complaint is substantiated.

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