Instagram removed your post for copyright: how to appeal and protect your account

In short

When Instagram removes something after an intellectual property report, the notice may include the rights owner's name and email, so you can try to settle it directly; if they withdraw the report, Instagram restores the content where it can. For a copyright report you can appeal using the instructions in Instagram's message, or, if the removal was under the US DMCA, file a counter-notification. Instagram forwards that to the reporter with your contact details and can restore the content within up to 14 business days if they don't go to court. Repeated infringement can get an account disabled under Instagram's repeat infringer policy, so treat every removal seriously.

Read the notice first

Everything starts with the message Instagram sent you. Instagram says that when it removes content because of an intellectual property report submitted through its form, the notification may include the name and email address of the rights owner who reported it, or other details of the report. Check three things:

  • Copyright or trademark? They have separate appeal processes. Copyright covers things like music, video clips and photos; trademark covers names and logos.
  • Does it mention the DMCA? Removals under the US Digital Millennium Copyright Act have their own counter-notification process.
  • Was it removed for something else? Instagram says that if content was removed for reasons unrelated to a copyright report, you may not get a response to a copyright appeal. Other removals go through Request a review.

Your three options

OptionWhen it fitsWhat happens next
Talk to the rights ownerA misunderstanding, you have a license, or you can reach an agreementIf they retract the report, Instagram restores the content where it can
AppealA copyright report outside the DMCA process, or a trademark reportInstagram reviews valid, substantiated appeals and may ask for more information
DMCA counter-notificationRemoved under the US DMCA, and you believe it was a mistake or misidentificationInstagram forwards it, with your contact details, to the reporter; the content can be restored within up to 14 business days

Option 1: talk to the rights owner

If the notice includes the rights owner's contact details, Instagram suggests following up with them directly if you believe the content shouldn't have been removed. This often works when you had permission that the reporter didn't know about, or when the report was simply a mistake. The reporter can withdraw the report through a retraction form, and Instagram says it then restores the content if it has already been removed and the reason was only that report.

Option 2: appeal the removal

Instagram says the instructions for appealing a copyright removal are in the message it sent you. If your account has been disabled, you can appeal by logging into the account and following the on-screen instructions. Trademark removals have their own appeal route, also explained in the notice.

What helps, according to Instagram: a valid and adequately substantiated appeal is reviewed quickly, and appeals often resolve fast when you answer requests for more information promptly, when the content isn't infringing, or when the original report was a mistake. Decisions take longer when additional review is needed. In practice, attach what proves your side: a license, written permission, or the original files showing you created the work.

Option 3: a DMCA counter-notification

Instagram follows the US DMCA notice-and-takedown procedure for content reported under US copyright. If your content was removed under the DMCA, the instructions for a counter-notification are in Instagram's messages to you. Before you file one, know how it works:

  • Only file it if the content was removed because of a mistake or misidentification.
  • Instagram forwards a valid counter-notification to the person who reported you, including your contact information.
  • If they don't tell Instagram they've filed a court action to keep the content down, Instagram restores it. Instagram says this can take up to 14 business days.
  • Content restored after an effective counter-notification isn't counted against you under the repeat infringer policy.
Careful: a counter-notification is a formal legal statement, not just another appeal button. If you're unsure whether to appeal or file a counter-notification, Instagram itself suggests getting legal advice.

Repeat removals can cost you the account

Instagram's repeat infringer policy says that if you repeatedly post content that infringes someone else's copyrights or trademarks, your account may be disabled. Before that, your ability to post photos or videos may be limited, and you may lose access to certain features. Instagram says it takes restorations into account: content brought back after an appeal, or because the rights owner withdrew the report, counts in your favor.

If your account has already been disabled and you believe it was a mistake, the appeal route is in our guide Instagram account suspended or disabled.

"But I gave credit": what doesn't protect you

Instagram's own list of things that do not stop a post from infringing copyright:

  • you bought or downloaded the content, for example a song;
  • you recorded it yourself, for example music playing at a party, concert or wedding;
  • you gave credit to the owner, or added a disclaimer;
  • you didn't intend to make money from it;
  • you edited it or added your own material;
  • you found it online, or other people posted it too.

What does help: posting only what you created yourself, getting permission or a license (ideally in writing), or using material that's in the public domain or covered by fair use or another legal exception. If you're not sure whether an exception applies, ask before you post.

Frequently asked questions

Can I get my Instagram post back after a copyright removal?

Often, yes: if the rights owner withdraws the report, if your appeal succeeds, or, for removals under the US DMCA, if a counter-notification isn't answered with a court action.

How long does an Instagram copyright appeal take?

Instagram doesn't give a fixed time. It says valid appeals are reviewed quickly and that responding promptly to its questions helps. For DMCA counter-notifications, restoring the content can take up to 14 business days.

Can a copyright removal get my Instagram account disabled?

Repeated infringement can. Under Instagram's repeat infringer policy, accounts that repeatedly post infringing content may be limited or disabled. Restored content is taken into account.

Does giving credit make it OK to post someone else's music or video?

No. Instagram says giving credit, adding a disclaimer or not making money from the post doesn't stop it from infringing copyright. You need permission, a license or a legal exception.

Account restricted or disabled over copyright?

Send us the notice you received. We'll tell you for free which route fits: the rights owner, an appeal or a counter-notice. It isn't legal advice, and we never ask for your password or any code.

Sources

  1. What to do if content you posted on Instagram or Threads gets removed because it was reported for intellectual property infringement (Instagram Help Center) help.instagram.com
  2. How to appeal the removal of content on Instagram or Threads for copyright reasons (Instagram Help Center) help.instagram.com
  3. How Instagram and Threads process United States Digital Millennium Copyright Act (DMCA) counter-notifications (Instagram Help Center) help.instagram.com
  4. What happens if you repeatedly post content on Instagram or Threads that violates someone else's intellectual property rights (Instagram Help Center) help.instagram.com
  5. How to make sure content you post to Instagram or Threads doesn't violate copyright law (Instagram Help Center) help.instagram.com
  6. Retract an intellectual property report that you've submitted to Instagram or Threads (Instagram Help Center) help.instagram.com
  7. Content I posted on Instagram or Threads was removed because it was reported for intellectual property infringement. What are my next steps? (Instagram Help Center) help.instagram.com
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