Dealing with copyright claims can be a frustrating experience for content creators. If you’ve received a copyright claim on your video, audio, image or other content after posting it publicly, you may be wondering what you can do to get the claim removed. Here are some tips on how to address copyright claims and potentially get them retracted.
Evaluate the Copyright Claim
The first step is to carefully review the copyright claim made against your content. Make sure you understand what content the claim is referring to and on what grounds the claim is being made. The claim should provide details like:
- Who made the claim (the claimant)
- What content of yours they are claiming (e.g. a song, image, etc.)
- What content of theirs they allege you have infringed
- On what grounds they are making the claim (e.g. copyright infringement)
It’s important to have a clear understanding of what the claim refers to so you can respond appropriately.
Consider if the Copyright Claim has Merit
Once you understand the specifics of the claim, you need to decide if you agree that it has merit. There are a few key considerations:
- Is the content being claimed really owned or controlled by the claimant? Verify that they have legitimate rights.
- Did you properly license the content? Double check to confirm you had permission to use it.
- Is your use covered under fair use? Look at the amount/substance used and whether it’s transformative.
If you confirm the claim is valid and you did infringe their copyright, you will need to comply with the claim and have the content removed. However, if you believe the claim is incorrect or invalid, you can contest it.
Respond to the Claim
Most platforms have an appeals or dispute process you can use to contest a copyright claim. For example:
- YouTube: From YouTube Studio, click Copyright > Dispute. Select the relevant videos, provide details contesting the claim, and submit your dispute.
- Facebook: Click Learn More on the claim notification, select Dispute Claim, and explain why you believe it is invalid.
- Twitter: Click Delete Tweet or Appeal on the claim notification to dispute it.
In your dispute, provide a clear explanation addressing why the claim is invalid or incorrect. Some helpful details to include:
- Proof you own or have licensed the content
- How your use qualifies as fair use
- Any flaws or errors you see in the claim
- Copies of any relevant licenses, agreements or permissions
The more evidence you can provide, the better. Make sure to be professional and respectful in your dispute – avoid aggressive or accusatory language.
Communicate with the Claimant
In addition to going through the formal dispute process, it can also help to reach out to the claimant directly. This gives you an opportunity to explain your position, provide any evidence that supports you, and hopefully resolve the issue amicably. Some tips for communicating with the claimant:
- Be polite and non-confrontational – you catch more flies with honey!
- Try to open a constructive dialogue – look for a win-win compromise.
- If you have a relationship with them, leverage that in your outreach.
- Focus discussions on the facts – avoid emotional appeals or attacks.
If direct communication succeeds in changing the claimant’s mind, they can retract their claim which will get your content restored much faster than a dispute.
Wait for the Claim to be Reviewed
After you submit your dispute or hear back from the claimant, the next step is to wait and see how they respond. The timeline varies by platform:
- YouTube: Typically 1 month or longer
- Facebook: Can take over a month
- Twitter: May take a week or more
Try to be patient as the process unfolds – following up too frequently may slow things down further. If you don’t hear anything after an extended time, it’s reasonable to politely check in on the status.
Comply if Claim is Upheld
If after reviewing your dispute, the platform or claimant upholds the original copyright claim, you will need to comply. This usually means removing the infringing content. Failure to comply can lead to additional penalties like copyright strikes, blocked accounts, or loss of monetization. Removing the content is the safest bet if you’ve lost your dispute.
File a Legal Challenge
If you strongly disagree with the claimant and genuinely believe you have the legal right to use the content, you can consider escalating the issue and filing a formal legal challenge such as a DMCA counter-notice. The process varies:
- YouTube: File DMCA counter-notice then await claimant response.
- Facebook: Mail formal legal notice to their copyright agent.
- Twitter: File DMCA counter-notice or consider suing for declaratory judgement.
Keep in mind that legal challenges should only be pursued if you have strong confidence in your legal standing and are prepared to defend yourself in court if needed.
Prevent Future Copyright Claims
To avoid going through this again in the future, take proactive steps to prevent copyright claims from arising on your content. Some suggestions:
- Always get express permission before using others’ content.
- If you can’t get permission, only use content that qualifies as fair use.
- Avoid copyrighted music in videos unless you have licensed it.
- Give appropriate attribution/credit to copyright owners.
- Use original content whenever possible – your own or royalty-free.
Staying vigilant about copyrights will minimize issues down the road. But if claims do pop up, act promptly using the steps outlined here to get them withdrawn.
Conclusion
Dealing with a copyright claim on your published content can be stressful, but understanding the proper process for disputing invalid claims can help get your work restored. Carefully review the claim details, honestly assess if it has merit, submit your dispute with evidence to the platform, communicate politely with the claimant, comply if the claim is upheld, and consider legal options if you strongly disagree. With patience and by following protocol, many bogus copyright claims can be overturned successfully.