How to File DMCA Counter Notice with Google?

In our previous article, we have explained how to file a DMCA removal request with Google. However, if you have received a notice from someone then you can send counter notice to challenge the content removal. In this article, let us explain how to file DMCA counter notice with Google.

Receiving DMCA Notice

It is not a good situation to receive a DMCA notice from Google as it has many consequences.

• Google will remove the page from search results.
• The search result will show the DMCA complaint publicly.
• Google will disable AdSense ads on the removed pages.

Therefore, it has an impact on your brand as well as revenue. Below is an example of DMCA notice received from Google. Let us explain how did we handle to restore the page back in search results.

Before Filing Counter Notice

Ensure the followings before you file counter notice:

• Verify the claim is true by referring the Lumen database link in the received DMCA removal email from Google.
• Check the jurisdiction of the complainant to get an idea of whether it is legitimate or false.
• Check whether you have received any prior notifications from the complainant.

If the complaint is true, be honest and remove the content from your site. In case of false complaint prepare for fighting to get the page back on search results.

Filing DMCA Counter Notice with Google

Click on the “DMCA Counter Notification” link in the email. You will be taken into a “DMCA counter notification form” page like below.

Fill up the following details with correct information.

Personal Information

Select your country of residence, legal name, title and company name. Also provide email, contact address and phone number. Ensure to provide the address in the requested format with street name, city, country and zip code. Google needs the proper contact address to file the counter notice. In our case, we didn’t provide the city / zip code details when filing. Google sent us a clarification email asking to provide the full address details.

URL and Ownership

In next section of the form, fill up the removed URL. If you have more than one URL then click on the “Add additional” link to add all the URLs.

Next section is important to select the ownership of the content. Ensure to select the correct option, if you are the owner then select “I am the owner of the content” option.

Related: How to file Google reconsideration request?

Details for Reinstating

Type the complete details why you want to reinstate the URL in Google Search results. You can explain the reason within 1000 words. In our case, we have mentioned that our URL was published earlier than the claimant URL. This is a valid justification, as the digital content can’t be copied from new URL to old URL.

Sworn Statements

Confirm the sworn statements, fill your name as a digital signature and submit the request.

Email Notification

Unlike removal request, Google will notify you in the given email about the filing of counter notice.

Tracking Counter Notice

You can track removal requests from Search Console dashboard. However, there are no dashboards for tracking counter notices. So the only way is to communicate through the removal emails Google team sends to you. In our case, we have first received a clarification to proved the complete address. Upon sending the address, we have received further notice like below in 2 days. Google informed that the counter notice is forwarded to the complainant and the complainant has 10 business days time to brought legal court action notice.

Final Confirmation on Reinstating

If there are no court actions brought by complainant, after 10 business days, you will receive a confirmation email from Google that the page is reinstated in search results.

We have confirmed the page is available back in Google Search results. However, AdSense policy center will take some time to update.

Related: How to submit your Sitemap to Google?

Why Did We File Counter Notice?

We have 1500+ pages on this site and growing over the past one decade. There are many authors contribute to the content though we have primarily reviewed everything before publishing. As you know, checking plagiarism is a funny process that simply changing few words can escape from the test and show 100% unique.

As we have explained in the DMCA filing process, it is a good idea to inform the site owner first about the infringement. In our case, we didn’t receive any request and directly received DMCA notice from Google. This was awkward situation, as our AdSense revenue will get affected.

• Also we have checked the Lumen database and complainant filed the request from Singapore.
• We have checked the domain and found it was .tk domain which is the only free domain available in this world.
• On top of everything, our article was published on two months before the publishing of complainant’s web page.

These are the good indications for us to file a counter notice. Since this entire process is a wasting of time simply because the claimant didn’t discuss with us. We have checked the website was hosted with 000webhost owned by Hostinger and filed an abuse complaint. In two days we have received a confirmation that the account was terminated.  

Conclusion

When you notice a copyright infringement, first contact the website owner and inform in detail. If that does not work out, as we have explained in DMCA takedown article, then file a complaint. This helps to protect the interest of all involved people. Unnecessarily filing the DMCA notice will not only waste the time but also lead to costly loss. As in this case, the complainant lost his website completely.