Under the DMCA, you have the right to respond to an allegation of infringement by sending us a counter notification detailing why you believe your use of content is not infringing. We recommend you use this form to submit any DMCA counter notification. If you would prefer to submit your counter notification in writing, please refer to our copyright dispute policy and the requirements of 17 U.S.C. § 512(g)(3) to ensure your submission is actionable. If you’re looking for guidance on preparing a counterclaim, we think that the guide produced by Github is a good one.
Upon receipt of a counterclaim, Substack must notify the complaining party and send them a copy of your counterclaim. The complaining party then has 10 days to file a legal action in court and send Substack evidence that it has done so.
If you file a counterclaim and the complaining party fails to provide Substack evidence of a pending court case within ten days, Substack will re-publish the disputed content.
The decision to file a counter notification is yours alone. Keep in mind that while a counter notification may result in the reactivation of your post, the rightsholder in question may instead respond by filing a lawsuit. Please note that Substack has adopted a repeat infringer policy that will, in appropriate circumstances, terminate the user accounts of repeat copyright infringers.
Finally, you should know that Substack offers legal support to writers that are facing threats as a result of their work through our Defender program. More details about eligibility and how to apply for assistance are available here.