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What is a DMCA Counterclaim?
What is a DMCA Counterclaim?
Counterclaim notice, submitting a DMCA Takedown notice, received a takedown notice
Jen avatar
Written by Jen
Updated over a week ago

A DMCA Counterclaim or Counter Notice is submitted in response to a valid DMCA Takedown request.  A counter claim is sent by the content owner (generally by the accused infringing website owner (ISP / Hosting company subscriber client). It is generally submitted to the service provider (OSP/ISP/hosting company) after the DMCA Takedown Notice has been submitted and after the content has been removed.

The DMCA Counterclaim process occurs after the initial DMCA take down has been completed and the removal of claimed infringed content.

A counter claim or counter notice cannot be used to defend against or as a defense to against the process of the Takedown Notice.

A counter claim or counter notice cannot be used to delay the process of a Takedown Notice.  Although some OSP/ISP/hosting company do provide for a process of defending against a DMCA Takedown Notice it is not a standard practice.  It is also NOT a process enshrined in law.

Once the service provider (ISP/OSP) has received a valid DMCA Counterclaim or Counter Notice they must wait 10-14 days or proof of legal process by the owner of the content, before the OSP/ISP/hosting company ca re-activate (re-host or re-publish) or allow access to the claimed infringing content. Unless the copyright owner (complainant) files a order in court against the infringing site owner, the defendant (ISP / OSP subscriber) and demonstrates the order to the ISP/OSP.

If you have any further questions about this, please submit a question and we will be happy to answer.

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