DMCA Takedowns and Counter-Notices for California Businesses

Last updated: November 2026

A DMCA takedown notice is a written demand, sent to a platform's designated agent, that identifies a copyrighted work and the material infringing it and asks the platform to remove it. A platform that removes the material expeditiously keeps its safe harbor. The user whose content was removed can send a counter-notice, and the platform must restore the material within 10 to 14 business days unless the claimant sues. (17 U.S.C. § 512(c), (g).) Kolmogorov Law, P.C. handles both sides for Orange County, Los Angeles, and other California businesses.

Call (909) 235-6116 or contact us online if your content has been copied online or your own listing has been taken down.

Who the statute is for

Section 512 is written for the platforms: hosting companies, marketplaces, social networks, and app stores. It shields them from liability for what their users upload if they follow a procedure, and that procedure is what businesses use. A company whose product photos appear on a competitor's marketplace listing sends a notice. A company whose own listing was removed sends a counter-notice. A company that hosts customer reviews, photos, or files needs the safe harbor itself.

Sending a DMCA takedown notice

The notice goes to the platform's designated agent, whose contact information the platform must publish on its site and file with the Copyright Office. (17 U.S.C. § 512(c)(2).) The Copyright Office keeps a public directory, and most large platforms also offer a web form.

To be effective, the notice must be in writing and must include substantially six things. A physical or electronic signature of a person authorized to act for the owner. Identification of the copyrighted work. Identification of the infringing material, with enough information for the platform to locate it. Your contact information. A statement that you have a good faith belief the use is not authorized. And a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act for the owner. (17 U.S.C. § 512(c)(3)(A).)

The Ninth Circuit has held that a copyright holder must consider whether the material is a fair use before sending a takedown notice, and that one who ignores that duty can be liable for damages. (Lenz v. Universal Music Corp. (9th Cir. 2016) 815 F.3d 1145, 1153-1154.) The standard is subjective good faith, not whether a court would agree, but a notice sent against a plainly transformative use, such as a critical review that quotes your copy, invites a counterclaim.

Any person who knowingly and materially misrepresents that material is infringing is liable for the damages, costs, and attorney fees of the party injured by the platform's reliance on the notice. (17 U.S.C. § 512(f).) Takedowns aimed at a rival's listings during a sales season are the conduct that provision exists to punish.

Responding with a DMCA counter-notice

If your content was removed, the platform must take reasonable steps to notify you promptly. (17 U.S.C. § 512(g)(2)(A).) You may then send a counter-notice to the platform's designated agent containing the following. Your physical or electronic signature. Identification of the material and where it appeared before removal. A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification. Your name, address, and phone number. And your consent to the jurisdiction of the federal court for your address, with an agreement to accept service of process from the person who sent the notice. (17 U.S.C. § 512(g)(3).)

Once the platform receives a proper counter-notice, it must forward a copy to the claimant and tell the claimant that it will restore the material in 10 business days. It must then restore the material not less than 10 and not more than 14 business days after receiving the counter-notice. The one exception is a claimant who first notifies the platform that it has filed a lawsuit seeking a court order against the user. (17 U.S.C. § 512(g)(2)(B), (C).)

That exception is the pressure point. A counter-notice forces the claimant to sue within roughly two weeks or watch the material come back. A claimant with a registered copyright and a real claim will often file. One using the takedown as a competitive weapon usually will not. Before sending a counter-notice, therefore, we assess the claim as if a lawsuit were coming, including the fair use position. The counter-notice consents to federal jurisdiction and is signed under penalty of perjury. A false one carries the same Section 512(f) liability as a false notice.

Keeping the DMCA safe harbor for your own platform

A business that hosts user content is protected from monetary liability for that content if it meets three conditions. It must lack actual knowledge of the infringement and awareness of facts from which infringement is apparent, or act expeditiously to remove the material once it knows. It must not receive a financial benefit directly attributable to infringement it has the right and ability to control. And it must respond expeditiously to a proper notice. (17 U.S.C. § 512(c)(1).) The protection applies only if the business has designated an agent and filed that designation with the Copyright Office. (17 U.S.C. § 512(c)(2).)

An agent designation that was never filed, or was filed under an old company name, can cost the safe harbor entirely. We review the designation, the repeat infringer policy, and the takedown workflow when a client launches a site that accepts uploads.

When the DMCA is not enough

A takedown removes one copy from one platform. It does not award damages, and it does nothing about a competitor's own website. For content copied onto a site the copier controls, see our page on copied website content. For repeat copying, a lawsuit in the Central District of California with a request for a preliminary injunction is the remedy. Our page on the elements of infringement covers what has to be proven.

What to bring to the first meeting

Bring the original work with its creation date and any registration. Bring the URL of the infringing material, screenshots, and the platform's notice form or agent listing. If your listing was removed, bring the platform's removal notice, the claimant's notice if provided, and your evidence of ownership or license.

Frequently asked questions

What is a DMCA takedown notice?

A written request to a platform's designated agent to remove material that infringes your copyright. It must identify the work and the material, give your contact information, state your good faith belief that the use is unauthorized, and be signed under penalty of perjury as to accuracy and authority. (17 U.S.C. § 512(c)(3)(A).) Platforms that comply keep their safe harbor.

How do I file a DMCA counter-notice?

Send a signed written counter-notice to the platform's designated agent. Identify the removed material and where it appeared. State under penalty of perjury your good faith belief that it was removed by mistake or misidentification. Give your name, address, and phone number, and consent to federal jurisdiction and service of process. (17 U.S.C. § 512(g)(3).) The platform must restore the material in 10 to 14 business days unless the claimant sues.

What is the DMCA safe harbor?

A limitation on a service provider's liability for infringing material its users store on its system. The provider must lack knowledge of the infringement or remove it expeditiously once aware. It must not profit directly from infringement it controls. It must respond to proper notices and keep a designated agent on file with the Copyright Office. (17 U.S.C. § 512(c)(1), (2).)

Can I be sued for sending a false DMCA notice?

Yes. Anyone who knowingly and materially misrepresents that material is infringing is liable for damages, including costs and attorney fees, to the injured user, owner, or platform. (17 U.S.C. § 512(f).) In the Ninth Circuit, the sender must also consider fair use before sending. (Lenz, 815 F.3d at pp. 1153-1154.)

Talk to a California copyright and internet attorney

If a takedown is in play on either side, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is at 327 Magnet, Irvine, CA 92618, and represents businesses in Orange County, Los Angeles, and throughout California. See also our pages on intellectual property litigation and responding to a copyright demand letter.

This page provides general information about federal copyright law and is not legal advice. Outcomes depend on the platform, the content, the facts of the use, and the court.