The DMCA is often described as a hammer for copyright holders to use against poor, innocent individuals posting content online. What is a DMCA counter-notification? A method for those poor, innocent souls to fight back against abusive copyright holders.
In this video, we take a look at the counter-notification, the rights associated with it, and how it fits into the DMCA compliance process as a balance to aggressive copyright holders.
Cutting to the chase, the DMCA counter-notification is an opportunity. An opportunity for people to stand up to copyright holders who are abusing the DMCA system. Shockingly, more than a few companies try to use the DMCA to effectively pursue reputation management for themselves or their products or services. A successful DMCA complaint carries serious ramifications even if just as a threat to the continued use of the account in question. Get three “strikes,” and your account can be shut down. Disturbing, no? Perhaps all the more so when you consider many DMCA takedown notices are nonsense kicked out by automated software systems.
Of course, one must be mindful of the other side of the coin. Filing a counter-notice is the equivalent of egging on the copyright holder. “Come and get me” may make for a brave stand, but the cost of defending a lawsuit is no laughing matter if the copyright holder calls your bluff.
And this brings us to another salient point.
Know where your content is coming from before using it. If at all possible, create original content. Between software programs and smartphone advancement, even the most tech-confused person should be able to kick out original material these days. If your content is original, there isn’t much to worry about from a copyright infringement perspective.
What is a DMCA counter-notification? A chance for users who post content online to fight back against aggressive copyright holders abusing the law.