A DMCA notice is a formal statement that a video uses someone's copyrighted work without permission. The process below follows U.S. law (17 U.S.C. § 512). It has two sides, and each has a formal way to be heard.
- The rights holder owns the copyrighted work, or is authorized to act for the owner. They send the notice.
- The creator uploaded the video. They can answer with a counter-notice.
1. The Rights Holder Sends a Notice
A notice can be sent through the notice form, which needs a FlareNetwork account, or to our designated agent by email or mail. Both are equally valid. The Guide for Rights Holders lists the six things a notice must contain.
2. We Check That the Notice Is Complete
A person on our team checks that all six things are there. This normally takes one business day. We check that the notice is complete. We do not decide who owns the work or whether the use is fair.
- If the notice is complete, we go to step 3.
- If something is missing, we tell the rights holder exactly what. They have 10 business days to send it. The video stays up in the meantime.
If nobody on our team has checked a complete form notice by the end of the second business day, it is acted on automatically, so that no notice waits because we were unavailable.
3. We Take the Video Down and Tell the Creator
Access to the video is disabled. The video and its files are not deleted. The creator is told right away and receives a copy of the notice, including the rights holder's name and email address.
A takedown is not a decision that the creator did anything wrong. The law requires us to take the video down when we receive a complete notice. It counts as a copyright strike unless the video is later restored.
4. The Creator Chooses What to Do
- File a counter-notice, if the takedown is a mistake. See Counter-Notices.
- Upload an edited version as a new video, without the material that was claimed.
- Contact the rights holder. If they withdraw the notice, the video is restored at once.
There is no deadline. If the creator does nothing, the video stays down.
5. If the Creator Files a Counter-Notice
We send the rights holder a full copy, including the creator's name, address, and phone number. The law requires this, so that the rights holder can take the dispute to court if they choose to.
The video is then scheduled to come back at 9:00 a.m. Eastern Time on business day 11 after we received the counter-notice. That is ten full business days later, inside the 10 to 14 business days the law allows.
6. Unless the Rights Holder Goes to Court
The video is not restored if, before it comes back, our designated agent receives notice that the rights holder has filed an action seeking a court order against the creator over the video. A claim before the U.S. Copyright Claims Board also counts.
The action has to have been filed. A plan to file is not enough. If one is reported, the video stays down until the court or the Board has resolved it, or the rights holder withdraws the notice.