Copyright protection on YouTube and other online platforms: what to do when you receive a counter-notification
In today’s digital environment, copyright infringement is no longer an exception, but a frequent reality. Digital content – 3D models, software, video materials, online courses, music or graphics – can be taken and monetized without authorization on platforms such as YouTube, Facebook, Instagram, TikTok, Twitch, Vimeo or various marketplaces.
For rights holders, understanding the notice and take down procedure and the counter-notification mechanism is essential.
What is the notice and take down procedure
The notice and take down procedure allows a copyright holder to request that a platform remove content that infringes their rights. Based on applicable legislation and internal policies, the platform may remove the notified content in order to benefit from limitations of liability.
This procedure is frequently used on YouTube, but also on other online platforms that apply similar DMCA or equivalent mechanisms.
What is a counter-notification
A counter-notification is a formal statement through which the person whose content has been removed from an online platform contests the removal and requests that the material be reinstated.
After a rights holder submits an infringement notice and the platform removes the content, the user who uploaded it may claim that the removal is unjustified. For the objection to be reviewed, the counter-notification must typically include:
– the user’s identification details;
– clear identification of the removed content;
– a statement under penalty of perjury that the use is lawful;
– consent to the jurisdiction of a competent court for the resolution of any dispute.
A counter-notification does not determine who is right and does not establish ownership of rights. Its role is to reopen the dispute and shift the conflict from the platform’s administrative sphere into a potentially litigious one.
For legal assistance in managing a counter-notification or an online copyright infringement, you may contact us directly via WhatsApp or email at: office@grecupartners.ro.
What happens after a counter-notification
If the platform considers the document formally valid, it forwards it to the initial claimant.
According to YouTube’s policies, after the counter-notification is forwarded to the claimant, the latter has 10 U.S. business days to provide evidence that they have initiated court proceedings against the person who uploaded the content. In the absence of such proof, the platform may reinstate the content.
It is important to note that this deadline does not run from the date of the initial removal, but from the moment the counter-notification is officially forwarded to the claimant.
Similar procedures on other platforms
Platforms such as Vimeo, Twitch or other digital services applying DMCA-type procedures may provide for a period of approximately 10–14 business days after the counter-notification is forwarded, during which the rights holder must prove that judicial proceedings have been initiated in order to keep the content removed.
Although the principle is similar, the specific deadlines and formalities may vary from one platform to another.
What Romanian law says about copyright
According to Law no. 8/1996 on copyright and related rights, economic rights belong to the author, and their assignment must be explicit. In the absence of a written assignment agreement or a clear license, the rights remain with the creator.
In situations where the person exploiting the content cannot present a contract or legal document evidencing the right of use, this aspect becomes essential in the legal analysis and in any potential court action.
What to do if you receive a counter-notification
Receiving a counter-notification on YouTube or another online platform triggers a short deadline and requires a prompt and structured response. Depending on the situation, the necessary steps may include:
– reviewing ownership and contractual documentation;
– drafting and sending a formal cease and desist notice;
– initiating court proceedings to establish copyright infringement;
– obtaining formal proof of the registration of the action to be submitted to the platform within the applicable deadline;
– submitting claims for damages.
In cross-border cases, where the person using the content without authorization is located in another state, the analysis of jurisdiction and applicable law becomes a central element of the strategy.
For legal assistance in managing a counter-notification or an online copyright infringement, you may contact us directly via WhatsApp or email at: office@grecupartners.ro.
Why legal strategy matters
In online copyright matters, the difference between the permanent removal of content and its reinstatement may depend on compliance with a 10-business-day procedural deadline. A reactive approach, lacking a solid legal foundation, may result in the loss of control over one’s own creations.
For digital content creators, 3D artists, developers, media producers or companies monetizing digital assets, effective protection requires both knowledge of the European and national legal framework and proper management of platform procedures.
In the context of our current practice, the Grecu Partners team assists rights holders in managing online content removal procedures, drafting formal notices, analyzing counter-notifications and initiating the necessary court actions in order to comply with platform-imposed deadlines.
For legal assistance in managing a counter-notification or an online copyright infringement, you may contact us directly via WhatsApp or email at: office@grecupartners.ro.
