Disputing DMCA Notice on YouTube Content (Explained)
Receiving a DMCA takedown notice from YouTube can be scary. You upload videos in good faith, only to have that content removed and your account at risk of being terminated. However, not all DMCA notices are valid. If you believe the copyright claim against your YouTube video is fraudulent or inaccurate, you have the right to formally dispute it.
This comprehensive guide will walk you through the DMCA counter-notification process step-by-step. Follow these instructions to submit a complete and legally valid counter-notification to YouTube. We’ll also cover tips on avoiding bogus DMCA claims, potential consequences, and alternative solutions.
Introduction: Understanding DMCA Takedown Notices
The Digital Millennium Copyright Act (DMCA) is a U.S. copyright law that provides a process for copyright holders to report allegedly infringing content online. It also gives content creators the ability to dispute incorrect or bad faith takedown requests.
YouTube complies with the DMCA by offering copyright holders a streamlined method to send takedown notices. These notices require immediate removal of the identified content, without confirming its actual copyright status first.
However, mistakes and abuse happen often. According to studies, over 30% of DMCA notices sent to Google contain fundamental errors. With over 500 hours of video uploaded to YouTube every minute, some incorrect copyright claims are inevitable.
If you receive a DMCA notice from YouTube that you wish to dispute, this guide will help you through the process. We’ll cover:
What a Valid DMCA Counter-Notification Requires
In order to comply with copyright law and keep their DMCA safe harbor protections, YouTube has specific requirements for counter-notifications:
- Your full legal name and physical address
- Electronic or physical signature
- Identification of the material removed and its former location
- Statement under penalty of perjury that you have a good faith belief the material was removed by mistake
- Consent to your local federal court’s jurisdiction
We’ll outline how to include each required element clearly later in this article.
Steps to Submit a Complete Counter-Notification
The process looks complicated, but can be simple if you know what YouTube expects. We’ll break down how and where to include the necessary statements in YouTube’s counter-notification form.
What Happens After Sending a Counter-Notification
Once submitted, YouTube legal teams review the counter-notification and may restore your content within 10-14 days. We’ll cover what notifications you can expect from YouTube and the copyright claimant after you submit.
Risks and Consequences
While counter-notifications often work, there are some risks involved. We’ll analyze potential legal consequences and strategies if the copyright holder decides to take formal legal action against you.Let’s get started with the step-by-step process!
Step 1: Locate the Copyright Claimant’s Contact Information
The first step is gathering the contact details for the copyright holder or claimant. You’ll need this information to complete YouTube’s counter-notification form.
To find the claimant’s contact information:
- Go to YouTube Studio and click “Copyright notices” in the left menu
- Locate the copyright claim you wish to dispute, then click “View details”
- Scroll down and click “Show full details”
- You will now see the complete notice, including the claimant’s email address or physical mailing address
Copy this contact information so you can paste it into YouTube’s counter-notification form later.
Important notes:
- If the claim was sent on behalf of multiple claimants, you may see the name of a copyright agent (e.g. AdRev) rather than an individual person. Use the agent’s contact information.
- Double check that the email or mailing address matches the claimant’s name. Errors here can invalidate your counter-notification.
Now that you have the proper contact details, we can move on to drafting the counter-notification.
Step 2: Access YouTube’s DMCA Counter-Notification Form
YouTube provides an online webform to submit formal DMCA counter-notifications. You must use this standard format for your dispute to be valid under the DMCA.
To access YouTube’s counter-notification form:
- Go to YouTube Studio and open Copyright notices
- Locate the copyright claim you wish to dispute
- Click “Submit a counter notification”
You are now on the counter-notification form. This is where you’ll provide the required details about your formal dispute.
Before drafting your counter-notification, keep in mind:
- You must use your real full legal name and home address, not aliases or postal addresses
- Take your time and ensure accuracy – errors may lead to rejection of your counter-notification
Let’s go through the form section-by-section.
Step 3: Fill In Your Contact Information
The first section asks for your name and contact details:
- Your full legal name: Enter your first and last name exactly as it appears on legal identification documents. Using a pseudonym or abbreviated name could get your counter-notification rejected.
- Your physical address: Input your full home street address, city, state, postal code, and country. Like your name, this must match your government ID and cannot be a PO Box.
- Your email address: Provide the email address associated with your YouTube account where you will receive notifications. Use an email you check frequently.
- Your phone number: Add your phone number including the country code. This helps YouTube contact you if they have questions.
Once complete, read over your details again carefully to confirm accuracy. Then you can move on to identifying the removed content.
Step 4: Identify the Removed Content
“The next section asks you to provide specifics about the video or channel that was taken down due to the copyright claim. Complete the following fields:
I consent to the jurisdiction of my local United States District Court:
Check this box to indicate your consent. This is mandatory for a valid DMCA counter-notification.
Type of content removed:
Select whether it was a video, channel, or other content that was taken down.
Title of removed content:
Input the exact video title or channel name that received the copyright strike.
Content URL:
Paste the unique video or channel URL that was removed by the claimant.
Date removed:
Provide the date you received the DMCA takedown notice from YouTube.
Double-check your information is 100% accurate for the video or channel in question. Errors here can lead to immediate rejection of your counter-notification.”
Step 5: Explain Your Dispute
Now we arrive at the most critical part – making your formal statement explaining why the copyright claim is inaccurate.
In this section, you must provide a detailed explanation addressing these key points:
1. You have a good faith belief the material was removed by mistake.
Explain why you believe the video or channel was misidentified and taken down incorrectly. Some examples:
- You created 100% of the content yourself using original material
- You have a license or permission from the copyright holder to use the content
- The use qualifies as fair use under copyright law
2. Provide your reasoning.Include evidence supporting your good faith belief such as:
- Details of the licenses you hold to use the content
- Examples of the original material you created
- Analysis of how your content qualifies as fair use
“The more detail you provide, the better. Convince YouTube you have a strong, well-reasoned basis to dispute this claim.
- Confirm the removed content has been disabled. State that you have kept the material disabled to avoid further infringement.
- Agree to potential court jurisdiction. Consent again to federal court jurisdiction and acknowledge the copyright owner may sue you for infringement. This statement is your chance to make a compelling argument against the validity of DMCA takedown. Take your time to include relevant evidence and analysis. Once you finish a draft, set it aside briefly then re-read your statement with fresh eyes. Refine details that are unclear or strengthen any weak points in your explanation.”
Step 6: Include Claimant Contact Details
Now we need to add the claimant’s contact information from Step 1:
Claimant’s first and last name: Input the full legal name of the individual or company that issued the DMCA notice.
Claimant’s email and physical address: Copy over the email and/or mailing address found in your YouTube copyright notice.
Confirm the claimant’s details match:
Double and triple check the contact information is 100% accurate and matches the name of the claimant provided.
Once confirmed, you can complete the next section.
Step 7: Sign Your Counter-Notification Statement
To finish, you must electronically sign your formal dispute statement: Type your full legal name: Sign by typing your first and last name in the signature field.
Date your signature: Add today’s date in MM/DD/YYYY format. Take one final pass through every field in YouTube’s counter-notification form. Carefully review all details you input and fix any typos or inconsistencies. You’re almost done! The last step is clicking submit.
Step 8: Officially Submit Your DMCA Counter-Notification
If you are 100% confident your counter-notification includes:
- Accurate contact information
- Correct identification of removed content
- Detailed explanation disputing the claim
- Complete claimant details
- Your formal electronic signature
Go ahead and click Submit. Congratulations – you did it! You have now formally disputed a DMCA takedown notice sent to your YouTube account.
Make sure to save a copy of your complete counter-notification for your records. Now let’s review what to expect next.
Waiting for YouTube’s Response
Once you submit a valid DMCA counter-notification, YouTube will take the following steps:
1. Reviews your counter-notification
YouTube will evaluate your dispute statement to ensure it meets all legal requirements under the DMCA.
- If any element is missing or inaccurate, they may reject your counter-notification without further action.
- If complete and valid, it moves to the next stage.
2. Forwards your dispute to the claimant
YouTube will pass along your counter-notification to the copyright holder who issued the original takedown request.
Per DMCA law, the claimant then has 10-14 business days to take one of the following actions:
- Voluntarily retract their DMCA claim by sending a retraction notice to YouTube
- Do nothing – after 10-14 days, YouTube may reinstate your removed content
- File a formal lawsuit against you in federal court for copyright infringement
While waiting, avoid re-uploading the content in question or attempting to circumvent the claim. Doing so can lead to termination of your entire YouTube account.
3. May reinstate your removed content
If the copyright holder does not provide proof of initiating court action after 10-14 days, YouTube is permitted under safe harbor rules to reinstate your removed content.
However, YouTube reviews each counter-notification individually. Even without a lawsuit, YouTube may decide not to allow re-posting of the material if they feel the original claim was valid.
4. Sends status updates via email
Throughout the approximately two week waiting period, YouTube will email notifications to update you on the status of your counter-notification:
- Confirmation when received
- Notice forwarded to claimant
- Whether content will be restored or claim upheld
Be sure to carefully read any messages from YouTube to your linked email address during this window.
Now that you know what to expect after submitting your dispute, let’s go over some risks and precautions.
Evaluating Risks and Potential Legal Action
While submitting a DMCA counter-notification is your right under copyright law, it can come with some dangers:
The claimant may choose to sue you instead of retracting their claim. If the copyright holder feels they have a strong case, they may decide to stand behind their takedown notice by taking you to court.
Defending against federal copyright litigation is extremely expensive, time-consuming, and risky with the potential for substantial damages. YouTube could ban your account despite restoring content.
As we covered, YouTube makes independent judgments regarding DMCA disputes. Even if no lawsuit materializes, YouTube may still determine the copyright claim was valid and terminate your account.
Precautions to consider before submitting a counter-notification:
- Consult an intellectual property lawyer experienced with copyright disputes. They can assess the legal merits of your position and risks.
- Evaluate if you have the financial means to fund a legal defense in federal court if sued.
- Weigh the importance of the removed content against potential consequences to your YouTube channel or personal finances.
- Strongly consider alternatives to disputing if you incorporated unlicensed content lacking solid fair use rationale.
