I Want to File a Misrepresentation Claim

A misrepresentation claim is a very narrow claim under copyright law. This kind of claim involves someone knowingly making certain kinds of false statements to an Online service providers include websites that host content uploaded by users, such as YouTube and Instagram, and search engines that direct users to particular websites, such as Google and Bing. in a A legal request made by a copyright holder to an online service provider to remove or disable access to content that they believe infringes their copyright. or A legal response to a DMCA takedown notice, essentially a formal disagreement with the claim of copyright infringement. It allows you to request the restoration of content that was removed or disabled due to the takedown request, asserting that the removal was a mistake or misidentification. that resulted in the online service provider taking content offline or putting it back up.

To know before you begin

  • Misrepresentation claims concern the notice and takedown system set up by section 512 of the The part of the copyright law dealing with an online service provider's duties regarding online content posted by others, among other matters. .
  • Misrepresentation is a very specific claim that will require you, among other things, to demonstrate that the respondent actually knew that they made a false statement in a notice or counter-notice.
  • The CCB can award up to $30,000 in damages in a proceeding. Awards of actual damages are calculated based on what you can prove you actually lost as a result of the misrepresentation. An alternative to actual damages, allowing a successful claimant or counterclaimant to receive an award in an amount within a set range that the court or the CCB considers just. are not available in a misrepresentation claim.
  • The CCB can hear claims only against respondents residing in the United States.
  • You should not file a claim if the OSP has not taken down your material or has not restored the respondent’s allegedly infringing material.

It is helpful to understand some basics about the notice and takedown system before filing a misrepresentation claim with the CCB. The U.S. Copyright Office has an overview of section 512 explaining this system. A misrepresentation claim can be made only if the respondent or their agent makes a knowingly false statement in step 1 or step 4 of the process below.

Can I file a misrepresentation claim?

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Filing a misrepresentation claim

To bring a copyright infringement claim before the CCB, you need to fill out a short claim form in eCCB, the CCB’s electronic filing and case management system. The claim form will ask you to provide important information about the facts in your dispute.

You do not need to provide a legal argument in your claim—just a statement of facts and circumstances. Being specific gives the other party and the Board more information about your claim.

When you file your claim, make sure you have the following information:

  • your name, address, phone number, and email;
  • respondent’s name and address as well as their email if you have it;
  • identity of the online service provider or website;
  • a copy or description of any takedown notice or counter-notice you sent, including the date;
  • a copy or description of the takedown notice or counter-notice the respondent sent, including the date;
  • a description of the misrepresentation; and
  • a description of how the online service provider relied on the misrepresentation and how you were harmed as a result.

  • Consider your timing. To bring a misrepresentation claim, the online service provider must have relied on the misrepresentation and taken action that caused you harm. Often, an online service provider will notify you that it intends to take action based on a notice or counter-notice. If that is the case, you will need to wait until the online service provider actually removes or restores the content before you file a misrepresentation claim (as opposed to an infringement claim). For restoring material, that waiting period will be not less than ten or more than fourteen business days after receiving the counter-notice.
  • Keep relevant evidence. When preparing to file your claim, it is important to keep relevant information that helps prove your side of the facts. Important relevant documents include takedown notices or counter-notices sent and received from an online service provider and communications from the respondent as well as a copy of your work and the allegedly infringing work.
  • Organize your thoughts. If your claim concerns multiple takedown and counter-notices, it can be helpful to organize your narrative in chronological order or by work.
  • Be thorough. Being thorough allows the CCB to have a full understanding of the facts in your claim.

Steps for filing a misrepresentation claim

Steps one through five

  1. Select your proceeding type

    The CCB offers two types of proceedings: a standard proceeding and an even more streamlined smaller claims track designed for cases where $5,000 or less is at stake. In smaller claims proceedings, the information and documents that each party must share with the others are more narrowly tailored to the nature of the proceeding. If you don't have actual damages over $5,000, you should consider a smaller claims proceeding.

    More information is available in the Smaller Claims (PDF, 436 KB) chapter of the CCB Handbook.

  2. Identify your respondent

    A respondent is the person or entity you believe is responsible for the harm you have suffered. In misrepresentation claims, the respondent is the person or entity who sent the takedown or counter-notice containing the misrepresentation. The respondent must reside in the United States and must not be a federal or state governmental entity. You must provide their U.S. mailing address.

    It does not matter that the notice or counter-notice says that they consent to the jurisdiction of a federal district court if they do not reside in the United States. While a notice or counter-notice must state that the individual consents to appear before a federal district court to resolve a copyright infringement dispute, this consent does not extend to the CCB.

    • The online service provider will never be a valid respondent in a misrepresentation claim. The respondent is the one who sent the notice or counter-notice to the online service provider.

  3. Identify the notice, any counter-notice, and the misrepresentation

    The respondent has sent either a takedown notice or a counter-notice. You will need to describe the notice and any counter-notice and identify the misrepresentation.

    Describing the documents

    It is important to identify the documents that were sent to the online service provider—both the notice and any counter-notice that was sent.

    The description should include:

    • the online service provider that received the notice and any counter-notice;
    • the dates the notice and the counter-notice were sent;
    • the contents of the notice and any counter-notice; and
    • a description of the work(s) at issue in the misrepresentation.

    • Write a short description.
    • Copy and paste the content of the notice or counter-notice into the claim form.
    • Upload labeled copies of the notice and counter-notice in addition to your description.
    • Upload labeled copies of the work(s) at issue in the claim.

    Identifying the misrepresentation

    You will need to identify the words that make up the misrepresentation and explain why those words are a misrepresentation.

    The misrepresentation must be

    • false and related to copyright;
    • a statement that the content is infringing or that the content was taken down by mistake or misidentification; and
    • material, or important enough to cause the online service provider to remove or repost the work.

    Consider an infringement claim instead. If you are a copyright owner, you may have received notice from the online service provider that you need to file a federal lawsuit or CCB claim if you want to keep the material down. If your goal is to keep allegedly infringing material down, you will need to file an infringement claim against the infringing party, not a misrepresentation claim.

  4. Identify how you were harmed

    Describe what the online service provider did because of the misrepresentation and how that harmed you. You also need to state what kind of relief you want from the CCB. You should describe how your harm is a result of the misrepresentation.

    Reminder: If the online service provider has not acted on a counter-notice, you have not been harmed by the misrepresentation and cannot file a claim. If you want to take action on a misrepresentation in a counter-notice before the online service provider acts, you will need to file an infringement claim.

    I want the respondent to stop filing takedown or counter-notices. You may also state in your claim that you want the respondent to agree to stop making misrepresentations. Unlike federal court, however, the CCB cannot order the respondent to stop or modify activities (often called an injunction). The respondent, however, can agree that, if found liable, they will stop or modify the activity.

  5. Attach relevant documents to the claim

    Attaching documents along with the claim can help to show the respondent and the CCB that you have important evidence in support of your claim. Be sure the documents are identified and labeled. If you do not submit these documents now, you will need to provide various relevant documents when the proceeding moves to the next phase. Be sure to save these documents.

    You may want to include:

    • any takedown notice or counter-notice sent to an online service provider, and
    • copies of the work(s) at issue.
There are 5 steps.



I need help filing my claim

You do not need an attorney or a law student representative to file a CCB claim, but you may choose to retain or consult one. Some attorneys, law school clinics, or organizations may be available to provide legal assistance or representation on a pro bono basis, which means you will not be charged for their services. It also may be possible to engage an attorney at a reduced cost. If you would like to seek further guidance from an attorney or a law student at reduced or no cost, please visit the Pro Bono Assistance webpage on ccb.gov.


What happens next

Once you submit your claim, the CCB will check that it complies with relevant laws and regulations and gives the respondent enough information to respond to it.

If your claim is compliant, the CCB will notify you and provide instructions on how to proceed with serving the claim on the other party or parties to formally notify them.

If your claim is not compliant, you will have up to two opportunities to revise and refile it.

Contact us

If you have questions, please contact the Copyright Claims Board at [email protected]. Please include the docket number of your case (if you have one) in the subject line. We can provide only information and assistance concerning Board procedures and requirements. For questions about copyright registration, recordation, or other matters, reach us through the appropriate Copyright Office contact form.