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
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.
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 →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 →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 →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 other platforms handle this
Microsoft reserves the right to restrict the export of data that may compromise the security of the services or Microsoft's intellectual property.
Datadog reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site.
Pharmaceutical products
"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
REGULATORY LANDSCAPE: This provision operates under the Digital Millennium Copyright Act (17 U.S.C.
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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.
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.
ConductAtlas has identified this type of provision across 263 platforms. See the full comparison.
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