Written & reviewed by NotALawyer Review AI · Updated June 26, 2026
A DMCA takedown notice is a request, sent under federal copyright law, asking an online platform to remove content the sender says infringes their copyright. When a platform gets a valid notice, it usually takes the material down quickly to keep its own legal protection. As the person who posted it, you generally have two paths: leave it down, or file a counter-notice if you genuinely believe the content is lawful or was misidentified.
If the notice is right — you used someone's work without permission and no exception applies — the simplest path is to leave the content removed. Filing a counter-notice you can't back up can create more legal exposure than the takedown itself.
If you own the work, have a license, or have a good-faith basis to believe the material was removed by mistake or misidentification (for example, you think it's fair use), federal law lets you send the platform a counter-notice. It has required elements, including your contact information and statements made under penalty of perjury.
After you send a valid counter-notice, the law sets a waiting window: the platform generally restores your content in not less than 10 and not more than 14 business days — unless the original sender notifies the platform that they've filed a lawsuit to keep it down. The exact handling can vary by platform, so read its process.
A counter-notice includes a statement under penalty of perjury that you have a good-faith belief the content was wrongly removed. Knowingly misrepresenting that can expose you to liability for damages, including costs and attorney's fees, under the same statute. Don't file one just to be combative.
Filing a counter-notice hands the copyright owner your contact details and signals you intend to restore the content. That can prompt them to sue to keep it down. It's a real fork in the road — which is why, before you file, it's worth talking to a licensed attorney in your state about whether your use is actually defensible.
A DMCA notice goes to the platform and targets specific content. A cease-and-desist letter comes straight to you and demands you stop. They can arrive together. The DMCA counter-notice process is specific to platform takedowns; a direct demand letter is handled differently.
More on this topic: the Cease & Desist hub
NotALawyer.com provides general legal information, not legal advice.