Copyright takedown and counter notification

How a formal takedown request differs from a claim, and why a counter notification carries personal responsibility.

This article explains concepts and is not legal advice. Copyright law differs between countries, and for a real case you should consult a qualified lawyer.

Takedown request

A takedown request is a formal notice, sent by a copyright owner or someone acting for them, asking the platform to remove content they say infringes their rights. The sender identifies the work and the content and states that they have the right to act. Those statements carry responsibility, and the sender answers for them.

When a valid request is received, the platform typically removes the video and informs the uploader. The channel's record reflects it. Read the difference between this and a claim at Claim or strike?.

Takedown or claim?

Counter notification

A counter notification is the uploader's formal reply. It says that the removal was a mistake or that the uploader has the right to use the material. Because it is a formal statement:

The whole sequence at a glance:

Takedown to counter notification
  1. 1Takedown requestFormal notice from an owner
  2. 2RemovalThe uploader is informed
  3. 3Counter notificationFormal reply from the uploader
  4. 4Between the partiesOutcomes are not promised

A sensible approach

  1. Read the notice and identify the work and the sender.
  2. Compare it honestly with your rights and the licence evidence you hold.
  3. If the request is correct, accept it and fix your process.
  4. If you think it is mistaken, consider contacting the sender or the official routes, and take advice before any formal statement.
  5. Never counter-notify to test the system or out of anger.

See also the course lessons on takedowns and counter notifications and the practice exercise Handle a copyright claim.

Always check the source

Procedures, forms and consequences are set by YouTube and can change. Read the current official page before you act.

Sources