This guide describes the information that GitHub needs in order to process a counter notice to a DMCA takedown request. If you have more general questions about what the DMCA is or how GitHub processes DMCA takedown requests, please review our DMCA Takedown Policy.
If you believe your content on GitHub was mistakenly disabled by a DMCA takedown request, you have the right to contest the takedown by submitting a counter notice. If you do, we will wait 10-14 days and then re-enable your content unless the copyright owner initiates a legal action against you before then. Our counter-notice form, set forth below, is consistent with the form suggested by the DMCA statute, which can be found at the U.S. Copyright Office's official website: https://www.copyright.gov.
As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. This guide isn't legal advice and shouldn't be taken as such.
Before You Start
Tell the Truth. The DMCA requires that you swear to your counter notice under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration. (See U.S. Code, Title 18, Section 1621.) Submitting false information could also result in civil liability—that is, you could get sued for money damages.
Investigate. Submitting a DMCA counter notice can have real legal consequences. If the complaining party disagrees that their takedown notice was mistaken, they might decide to file a lawsuit against you to keep the content disabled. You should conduct a thorough investigation into the allegations made in the takedown notice and probably talk to a lawyer before submitting a counter notice.
You Must Have a Good Reason to Submit a Counter Notice. In order to file a counter notice, you must have "a good f