Counter-Notices

How to get a video back when a takedown is a mistake

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What Is a Counter-Notice?

A counter-notice is your formal answer to a takedown. It says, under penalty of perjury, that your video was taken down by mistake or because the material was misidentified.

The right comes from the DMCA (17 U.S.C. § 512(g)). When we receive a complete counter-notice, we must send it to the rights holder and restore your video 10 to 14 business days later, unless the rights holder goes to court first.

When to File One

Consider a counter-notice if any of these is true:

  • You created the work yourself
  • You have permission or a license to use the work
  • Your use counts as fair use, such as commentary, criticism, education, or parody
  • The notice identifies the wrong video or the wrong work
  • The work is in the public domain

Do not file one if you know the notice is right. Upload an edited version instead, or talk to the rights holder.

What It Involves

Read this before you file.

  • The rights holder receives a full copy, including your name, address, and phone number.
  • You agree that the rights holder can sue you in U.S. federal court over the video, and that you will accept the court papers.
  • If you knowingly make a false statement, you may be liable for damages, including costs and attorney's fees (17 U.S.C. § 512(f)).
  • If you are unsure, talk to a lawyer first.

The law lists what a counter-notice must contain:

  1. Your signature. On the form, typing your full name is your signature.
  2. The video and where it was. The form fills this in for you.
  3. A statement under penalty of perjury that you have a good faith belief the video was taken down as a result of mistake or misidentification.
  4. Your name, address, and phone number.
  5. Your consent to the jurisdiction of the federal district court where you live. If you live outside the United States, of a district where FlareNetwork's operator may be found.
  6. Your agreement to accept service of process from the rights holder or their agent.

You can also add a short explanation. It is sent to the rights holder with the rest.

How to File

  1. Open the DMCA claims page in Creator Studio and select the claim.
  2. Under Your options, select Start a counter-notice.
  3. Enter your details and make the two statements.
  4. Select Review before sending. You see exactly what the rights holder will receive.
  5. Select Send counter-notice.

You can also send a counter-notice to our designated agent by email or mail:

Designated Copyright Agent Copyright Agent, FlareNetwork [Temporary: mailing address to be published][City, State ZIP] Phone: [Temporary: phone number to be published] Email: [email protected] Our agent's registration with the U.S. Copyright Office is in progress, so the mailing address and phone number are not final. Until they are published here, please send notices by email.

After You File

We send your counter-notice to the rights holder the same day. Your video is scheduled to come back at 9:00 a.m. Eastern Time on business day 11 after we received it. The date is shown on the claim page.

  • If the rights holder does nothing, your video is restored on that date and the strike is removed.
  • If the rights holder withdraws the notice, your video is restored at once.
  • If the rights holder reports a court action, your video stays down until that action is resolved. We tell you the court and the case number. A claim before the U.S. Copyright Claims Board counts as a court action for this purpose.

Good to Know

  • There is no deadline to file a counter-notice.
  • While your counter-notice is pending, the takedown does not count as a copyright strike.
  • You can withdraw your counter-notice from the claim page any time before the video is restored.
  • FlareNetwork does not decide whether your counter-notice or the notice is right. We pass each one on and follow the schedule the law sets.