What to Do After a DMCA Takedown or Copyright Strike
Read the notice to see what was claimed and by whom. If you used the material without permission and no exception applies, leave it down, get a license, or ask the claimant to retract. If you own the rights, have a license, or believe fair use applies, you can file a DMCA counter-notice, which can restore the content in 10 to 14 business days unless the claimant sues.
Online platforms remove content when they receive a valid takedown notice under the Digital Millennium Copyright Act, because doing so protects them from liability (17 U.S.C. 512). That leaves the uploader to decide what to do next.
Takedowns, strikes and claims
- DMCA takedown: a formal legal notice; the platform removes the content.
- YouTube copyright strike: results from a legal takedown request. Three active strikes can lead to channel termination; a strike expires after 90 days if you complete Copyright School (YouTube Help).
- Content ID claim: an automated match on YouTube that may block or monetize the video but is not a strike.
Step 1: Review the claim
Identify the work claimed, the claimant, and whether it is actually their content. Mistaken and abusive claims happen.
Step 2: Choose a response
| Situation | Option |
|---|---|
| You used it without permission and have no defense | Leave it down; learn from it; consider licensing |
| You have a license or permission | Send proof to the claimant and ask for retraction, or file a counter-notice |
| You believe the use is fair use or the material is yours or public domain | Consider a counter-notice |
| The claimant agrees it was a mistake | Ask them to retract the claim |
Fair use
Fair use depends on four factors: the purpose and character of the use (including whether it is transformative or commercial), the nature of the work, the amount used, and the effect on the market for the original (17 U.S.C. 107). Commentary, criticism, news reporting, teaching and parody can qualify, but there is no fixed safe amount.
Counter-notices
A counter-notice must include your contact information, identify the removed material, include a statement under penalty of perjury that it was removed by mistake or misidentification, and consent to jurisdiction of a federal court (17 U.S.C. 512(g)(3)). The platform generally restores the content in 10 to 14 business days unless the claimant notifies it that it has filed a lawsuit (17 U.S.C. 512(g)(2)).
Risks: your contact information goes to the claimant, and you could be sued. Do not file a counter-notice you cannot support.
Misrepresentation
Knowingly false takedown notices or counter-notices can create liability for damages (17 U.S.C. 512(f)).
Protecting your channel
Avoid unlicensed music and clips, keep licenses on file, and track strike status.
An IP lawyer can assess fair use before you counter-notify. See also how to send a takedown notice.
Sources
Find patent & IP lawyers near you
Need to file a patent or trademark, protect a copyright or respond to an infringement claim? Compare local intellectual property attorneys by Google rating, reviews and office hours below.
Patent & IP Lawyers by state
Tap your state to see listings by city.
This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.