How to Counterclaim DMCAs/Copyright Strikes
I am not attorney and cannot and will not provide legal advice. I am not legally responsible for any advice you take from this article.
A Copyright claim, or more commonly known as a DMCA, is the single biggest issue most YouTubers face. A DMCA is when an individual or a corporation files a take down request with YouTube claiming that your video(s) have infringed their copyrights. YouTube, by law, has to take down (disable) the video immediately after receiving this request and you’ll receive a copyright strike.
More often than not, a YouTuber did infringe on someone’s copyright (ie uploaded a music video, show, movie, etc). However, many YouTubers do experience what is known as a false DMCA. This is where someone wrongfully and illegally files a DMCA even though your video doesn’t have copyright infringement.
What many YouTubers fail to realize is that you CAN counterclaim the DMCA. Why should you? A successful counterclaim will both enable your video and remove the copyright strike. Getting the copyright strike remove will put your account back in good standing which increases your chances of partnership down the road.
When should you counterclaim?
You should counterclaim when you know for a fact you haven’t infringe anyone’s copyrights. May it be entirely your own content or the content falls under fair use.
What is Fair Use?
Fair Use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching or scholarship.
What are some common false DMCAs & what can I counterclaim?
-Your video is mistaken for copyrighted content base on your thumbnail. Partners have the ability to use custom thumbnails. Sometimes these thumbnails are screen shots of footage or an event and used to attract more viewers to the video. Thumbnails CANNOT infringe on copyrights, because they fall under fair use.
-Your video is mistaken for copyrighted content base on your video title. No matter what the title of your video is, it CANNOT infringe on someone’s copyrights. This is the case for even “misleading” video titles.
-Your video is a parody (ie music video parody, dubbed over footage). Sometimes it seems a corporation will disapprove of a parody and will file a false DMCA. In this case, you should file a counter claim appropriately stating that either it’s entirely your own content or that the content falls under fair use.
-Your video contains copyrighted music. In some cases you can counterclaim with fair use. Most common examples of fair use of music are dance videos and covers.
-Your video contains copyrighted footage/content while you are giving commentary. The most notable examples are video games and movie reviews. As long as you are giving commentary you are protected under fair use.
-Your video contains footage that is publicly release (such as a trailer) that is 30 seconds or shorter. Fair use allows for you to use small snippets of publicly released content, often promotion content, even though there is no commentary.
How do I file a counterclaim?
The most preferred way to counterclaim a DMCA is through the use of an online submission forum found here. There it will take you step by step on filing your counterclaim. You will have to give your personal information such as full name and address. Why? Because as soon as you file a counter claim it becomes a legal matter and you will have to give legal statements. Misrepresenting any information is illegal and will result in the termination of your account.
How does a counterclaim take?
First YouTube reviews the claim, sends it to the third party that filed the DMCA, and informs you via email that it has been sent. As soon as you receive that email, the DMCA claim holder has, by law, 10-14 days to respond. Failure to respond will result in the automatic enabling of your video and removal of the copyright strike.
What if my counterclaim is unsuccessful?
At this point you need to provided more adequate proof that the video is entirely your content or falls under fair use, or you may indeed be infringing someone’s copyright.







If you haven’t seen part one yet, 








My name is Zachary James, but most know me as OutbackZack. As a dedicated YouTuber both on and off the camera, I seek to bring news and give insight on the YouTube community. While not working on PauseStopRewind, I entertain many with my insane comedy style videos. Also, many know me as an artist who has worked with various YouTubers ranging from Andy Warski to Shane Dawson.