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
- 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.
- The platform acts expeditiously to remove or disable the material, then promptly tells the uploader.
- The uploader can leave the material offline or send a counter-notice saying it was removed by mistake or misidentification.
- 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
| Takedown notice | Counter-notice |
|---|---|
| Signature | Signature |
| The work claimed to be infringed | The removed material and where it was |
| The infringing material and its location | A statement, under penalty of perjury, of a good-faith belief it was removed by mistake or misidentification |
| Contact information | Name, address and phone number |
| A good-faith belief statement | Consent 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).