Provision record
GitHub · GitHub Terms of Service · View original document ↗

DMCA Takedown and Counter-Notice Procedure

Low severity High confidence Explicit document language Common · 263 of 352 platforms
Stay ahead of the changes
Track GitHub and get the diff the day its terms change.
Share 𝕏 Share in Share 🔒 PDF
Document Record

What it is

If someone posts content on GitHub that infringes your copyright, you can submit a DMCA takedown request. GitHub will also terminate accounts of repeat infringers. False takedown notices have legal consequences.

This analysis describes what GitHub's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The DMCA procedure authorizes removal of content upon a valid takedown notice, and repeat infringement can result in account termination, which means both repository access and associated project data may be affected by copyright claims.

Recent Activity

This document changed recently

Medium Apr 28, 2026

GitHub's updated Terms of Service now include an explicit section governing AI features, including Copilot. The new section establishes specific contractual terms for how user data may be collected, used, and retained for developing and improving AI and machine learning models, and identifies what controls are available to users. The practical effect is that AI-related data practices are now consolidated under dedicated contractual language rather than dispersed across general service terms.

View change record →
Medium Apr 19, 2026

GitHub's Terms of Service update on April 19, 2026 involved substantial revisions across 54 sentences, with 40 sentences removed and 4 added. The extent of change suggests modifications to core service provisions; however, without access to the specific language that was modified, removed, or added, the precise operational implications for users cannot be determined. Users should review the updated Terms directly to understand how the changes affect their usage rights, account obligations, or dispute resolution procedures.

View change record →

Clause Stability Stable

0
Changes
5
Months Monitored
May 12, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 1689 other provisions on other platforms.

Change history

modified Jul 11, 2026

Renamed from 'DMCA and Intellectual Property Takedowns' to 'DMCA Takedown and Counter-Notice Procedure'; severity downgraded from medium to low with addition of warning about false notices and fair use consideration.

View full change record →

Consumer impact (what this means for users)

Users whose content is targeted by a DMCA takedown notice may have their content removed and, if designated a repeat infringer, their account terminated. The agreement provides a counter-notice mechanism for users who believe a takedown was wrongful, and the process can be initiated by contacting GitHub at copyright@github.com.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Dispute a Fee
    If your content was removed under a DMCA notice and you believe the takedown was wrongful, submit a counter-notice to copyright@github.com including the information required under 17 U.S.C. Section 512(g)(3), including your contact information, identification of the removed content, and a statement of good faith belief that the material was removed in error.

How other platforms handle this

Microsoft Medium

Microsoft reserves the right to restrict the export of data that may compromise the security of the services or Microsoft's intellectual property.

Datadog Medium

Datadog reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site.

Mailchimp Medium

Pharmaceutical products

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on GitHub violates your rights, please contact us by emailing copyright@github.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses. GitHub will terminate the accounts of repeat infringers in appropriate circumstances.

Excerpt from GitHub's Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

REGULATORY LANDSCAPE: This provision operates under the Digital Millennium Copyright Act (17 U.S.C.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Applicable regulations

DSA
European Union

Provision details

Document information
Document
GitHub Terms of Service
Entity
GitHub
Document last updated
May 5, 2026
Tracking information
First tracked
May 10, 2026
Last verified
May 12, 2026
Record ID
CA-P-011574
Document ID
CA-D-00253
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
610460507af6f60333f6195921a4e0d9629d1fea528d1220cda7340159b5b46b
Analysis generated
May 10, 2026 17:12 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: GitHub
Document: GitHub Terms of Service
Record ID: CA-P-011574
Captured: 2026-05-10 17:12:21 UTC
SHA-256: 610460507af6f603…
URL: https://conductatlas.com/platform/github/github-terms-of-service/provision/CA-P-011574/dmca-takedown-and-counter-notice-procedure/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Low
Categories

Other risks in this policy

Related Analysis

Get the research letter

Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.

Frequently Asked Questions

What does GitHub's DMCA Takedown and Counter-Notice Procedure clause do?

The DMCA procedure authorizes removal of content upon a valid takedown notice, and repeat infringement can result in account termination, which means both repository access and associated project data may be affected by copyright claims.

How does this clause affect you?

Users whose content is targeted by a DMCA takedown notice may have their content removed and, if designated a repeat infringer, their account terminated. The agreement provides a counter-notice mechanism for users who believe a takedown was wrongful, and the process can be initiated by contacting GitHub at copyright@github.com.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 263 platforms. See the full comparison.

Is ConductAtlas affiliated with GitHub?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by GitHub.