DMCA Takedowns and Counter Notices: Both Sides of the Notice and Takedown System

42 questions on DMCA takedowns and counter notices, answered and cited by the UpLaw editorial team.

• A competitor keeps filing bogus takedowns against my listings. What can I do?
• Can a § 512(h) subpoena unmask a broadband subscriber?
• Can I be sued for sending a false DMCA takedown notice?
• Do counter-notices usually work?
• Does a copyright owner have to consider fair use before sending a takedown?
• Does a DMCA takedown work against a foreign website?
• Does a platform have to monitor its own service for infringement?
• Does a takedown notice have to be perfect to be effective?
• Do I need a registered copyright to send a DMCA takedown notice?
• How can I find out who posted infringing material anonymously?
• How do different types of platforms handle DMCA takedowns?
• How does a takedown notice create the platform's knowledge of infringement?
• How fast must a platform act on a DMCA takedown notice?
• How is generative AI complicating the DMCA takedown system?
• How long does a platform have to restore content after a counter-notice?
• How narrowly should a takedown notice be scoped?
• How should someone respond to a takedown notice they think is wrong?
• Is fair use a good basis for a DMCA counter-notice?
• What are other examples of providers losing the safe harbor on the repeat-infringer gate?
• What are the five elements of a DMCA counter-notice?
• What are the four DMCA safe harbors?
• What are the limits of the DMCA takedown as an enforcement tool?
• What are the limits of the Lenz fair-use duty?
• What are the main criticisms of the DMCA takedown system?
• What are the six required elements of a DMCA takedown notice?
• What conditions must a hosting provider meet for the § 512(c) safe harbor?
• What did BMG v. Cox decide about repeat-infringer policies?
• What does consenting to jurisdiction in a counter-notice actually mean?
• What does it mean to “reasonably implement” a repeat-infringer policy?
• What does the EU Digital Services Act require compared to the DMCA?
• What is a DMCA counter-notice and how does it work?
• What is Content ID and how is it different from a DMCA takedown?
• What is the control-plus-financial-benefit test under § 512(c)(1)(B)?
• What is the difference between DMCA Section 512 and Section 1201?
• What is the DMCA notice-and-takedown system?
• What is the § 512(i) repeat-infringer requirement?
• What kind of knowledge strips a platform of the DMCA safe harbor?
• What two kinds of knowledge does using the DMCA system well require?
• When is filing a counter-notice a mistake?
• Who should a takedown notice be sent to?
• Why do platforms comply with DMCA takedown notices?
• Why do platforms ignore some takedown notices entirely?