# DMCA counter notice template (when your listing was removed by mistake)

> A counter-notification template with every element required under 17 U.S.C. § 512(g)(3), for makers whose own listings or photos were taken down by a mistaken or false copyright report.

Updated 2026-10-27 · https://makersentry.com/templates/dmca-counter-notice

Use this when **your** listing, photo or product page was removed after a copyright complaint you believe was a mistake — including when a copycat reported the original. Etsy, Shopify and most hosts accept counter notices.

> Your counter notice is passed to the person who complained, including your name and address. Only send one if you're confident the material is yours.

## Template

```text
Subject: DMCA counter-notification

To the designated copyright agent,

1. Material removed: [DESCRIBE THE LISTING/PHOTO], which appeared at [URL WHERE IT APPEARED BEFORE REMOVAL] before it was removed or disabled following a notice you received on or about [DATE OF REMOVAL NOTICE] (reference [CASE/REFERENCE NUMBER, IF ANY]).

2. I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

   Supporting facts: I created this work. [ONE OR TWO SENTENCES — e.g. "I took these photographs on [DATE]; the original camera files and my listing dated [DATE] predate the complainant's listing."]

3. Name: [YOUR FULL NAME]
   Address: [POSTAL ADDRESS]
   Phone: [PHONE]
   Email: [EMAIL]

4. I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or, if my address is outside the United States, any judicial district in which [PLATFORM] may be found), and I will accept service of process from the person who provided the original notification or an agent of that person.

Signed: [YOUR FULL NAME]
Date: [DATE]
```

## What happens next

Under the DMCA, the host may restore the material **10–14 business days** after receiving a valid counter notice, unless the complainant tells the host they've filed a court action.

## Evidence to keep ready

Original camera files (with their EXIF dates), design files, process photos, your listing's creation date, and any Internet Archive snapshot — see [how to prove you made it first](/guides/how-to-prove-you-made-it-first).

## Questions

**Is a counter notice the same as an appeal?**

No. An appeal asks the platform to reconsider its own decision. A counter notice is a legal statement under the DMCA that the copyright complaint was mistaken.

**Can I use this for a trademark complaint?**

No. Counter notices apply to copyright. For trademark complaints, ask the complainant for a retraction instead.