Counter-Notices

A counter-notice is a formal response to a DMCA claim in which the content creator disputes the claim and asserts that their use of the material is lawful. Under the DMCA (17 U.S.C. § 512(g)), creators have the right to challenge claims they believe are invalid.

You should consider filing a counter-notice if:

• You are the original creator of the content in question
• You have permission or a license to use the copyrighted material
• Your use qualifies as fair use (commentary, criticism, education, parody, etc.)
• The claim misidentifies your content as infringing
• The claimed material is in the public domain

Counter-notices are filed through the claim detail page in your Message Center:

1. Go to Studio → Messages
2. Navigate to the Claims section and open the relevant claim
3. Click the Dispute action
4. Provide a detailed explanation of why the claim is invalid
5. Include any supporting evidence (links, documentation, etc.) in your explanation
6. Submit your counter-notice

A strong counter-notice should include:

• A detailed explanation of why you believe the claim is invalid
• Evidence of your rights — links to original files, licenses, permissions, or proof of creation
• Fair use analysis — if applicable, explain how your use meets the four fair use factors
• Specific rebuttals to the claimant's infringement description and fair use rebuttal

After you file a counter-notice, the claim status changes to pending_holder. The rights holder is notified and has 7 days to respond. The possible outcomes are:

• Rights holder satisfies or withdraws — the claim is resolved in your favor
• Rights holder escalates — FlareNetwork's team reviews the dispute and makes a determination
• Rights holder doesn't respond — after 7 days, you win by default

• Counter-notices should be filed in good faith — do not dispute valid claims
• You can use the message thread to communicate with the rights holder during the process
• If a claim is escalated, FlareNetwork's team will review all evidence from both parties
• Filing a fraudulent counter-notice may result in account penalties