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Glossary

What is the DMCA?

By the KeyMo team · Updated

The DMCA is the Digital Millennium Copyright Act, a 1998 US law. Its best-known part lets a copyright owner send a platform a takedown notice for infringing material, and lets the uploader answer with a counter-notice. A takedown notice is not a lawsuit, and it is not the same thing as a YouTube claim.

What the law does

The U.S. Copyright Office says the DMCA of 1998 amended US copyright law, and one of its three main updates protects online service providers in some situations, through a notice-and-takedown system. Under Section 512, a platform is shielded from monetary liability for what its users upload, as long as it cooperates with owners and removes infringing content quickly when asked. It must also have a policy to end the accounts of repeat infringers.

This is general information, not legal advice. The Office itself says it cannot give individuals specific advice about their situation.

The steps of a takedown

  1. The copyright owner, or someone authorized to act for them, sends the platform a notice. No lawyer is needed, and a takedown company can send one.
  2. The platform acts expeditiously to remove or disable the material, then promptly tells the uploader.
  3. The uploader can leave the material offline or send a counter-notice saying it was removed by mistake or misidentification.
  4. After a compliant counter-notice, the platform restores access no sooner than 10 and no later than 14 business days later, unless the sender first says it has filed a court action.

What each notice must contain

As the Copyright Office describes them, in substance
Takedown noticeCounter-notice
SignatureSignature
The work claimed to be infringedThe removed material and where it was
The infringing material and its locationA statement, under penalty of perjury, of a good-faith belief it was removed by mistake or misidentification
Contact informationName, address and phone number
A good-faith belief statementConsent to federal district court jurisdiction and acceptance of service of process
A statement, under penalty of perjury, that the sender is authorized to act for the owner

Anyone who knowingly makes a material misrepresentation, in a notice or in a counter-notice, can be liable for damages, including costs and attorneys' fees (Section 512(f)).

How YouTube and TikTok use it

  • YouTube: a valid copyright removal request removes the video and gives the channel a copyright strike. A counter notification needs a statement under penalty of perjury and consent to federal court jurisdiction. After one is forwarded, the claimant has 10 US business days to show evidence of legal action, or the content is reinstated.
  • TikTok: removed content can be appealed in-app, and TikTok notes that the DMCA provides a counter-notification route. It may forward an appeal, with contact information, to the original reporter. TikTok has a repeat infringer policy and may ban accounts.

DMCA, claims and fair use

A copyright claim on YouTube is automatic and comes from Content ID. A DMCA takedown is a formal legal notice and, on YouTube, leads to a strike. A takedown does not decide whether a use is fair use. The Office says only a federal court can determine that.

Where KeyMo fits

A clipping tool does not give you the right to use the source. KeyMo asks you to confirm you own the video or have permission to use it. If you clip other people's content, get permission first. See how long a clip can be without copyright.

Sources: U.S. Copyright Office: The Digital Millennium Copyright Act (checked 11 October 2026); U.S. Copyright Office: Section 512 resources (checked 11 October 2026); U.S. Code Title 17, Chapter 5 (copyright.gov) (checked 11 October 2026); YouTube Help: Submit a counter notification (checked 11 October 2026); YouTube Help: Copyright strike basics (checked 11 October 2026); YouTube Help: Fair use on YouTube (checked 11 October 2026); TikTok Intellectual Property Policy (checked 11 October 2026).

FAQ

Is a DMCA takedown notice a lawsuit?

No. The Copyright Office says a takedown notice does not mean you are being sued, because a lawsuit is served with court papers. It is a request to the platform to remove the material.

Who can send a DMCA takedown?

The copyright owner or someone the owner authorizes can send one. No attorney is needed, and a takedown company can send notices. A copyright registration is not required to send a notice.

What is a DMCA counter-notice?

It is the uploader's reply saying the material was removed by mistake or misidentification. It must be signed, give contact details, consent to federal court jurisdiction and be sworn under penalty of perjury.

What happens if I get repeated DMCA notices?

Platforms must have a policy to end accounts of repeat infringers to keep their legal protection, so multiple valid takedowns can lead to account termination. On YouTube, three strikes in 90 days put a channel at risk.

Does the DMCA apply outside the United States?

It is a US law, but US platforms apply it to uploads worldwide. YouTube says exceptions differ by country, such as quotation and parody in the EU, and it considers local rules in reviews.