Q: Copyright claim pressure for Instagam video payment demand.

A: Yes, based on your description, this situation could potentially be considered an abuse of the Digital Millennium Copyright Act (DMCA) system—and in some cases, it might even approach the line of coercion or bad faith conduct, though calling it “extortion” has a specific legal threshold.

Under the DMCA, a copyright holder has the right to file a takedown notice if they believe their protected work has been used without authorization. However, demanding payment after the content has been removed, especially when they've already succeeded in getting the platform to take it down, and stating that the payment is “optional” but needed to restore the content, raises red flags. If they do not intend to pursue a legal claim in good faith and are instead using the DMCA process primarily to extract money through pressure tactics, that could be an abuse of the DMCA and grounds for a misrepresentation claim under 17 U.S.C. § 512(f).

If the other party is not the true rights holder, misrepresented their claim, or used the takedown notice primarily to pressure you into paying money rather than to enforce legitimate rights, you could have grounds to challenge their actions. Keep all records of their emails and communications. You might consider speaking to an intellectual property attorney, especially if the financial pressure escalates.

A: What you're experiencing may raise red flags, especially if the person is demanding payment after you've already removed the content. If the claim was valid and the copyright holder wanted to assert their rights, the usual path is to file a DMCA takedown—not to request direct payments through private email exchanges. While some rights holders do reach out to seek licensing fees, pressuring you with payments even after compliance could be viewed as aggressive or potentially abusive behavior.

If they acknowledged the payment is optional and yet are using the removal of your video as leverage, it may border on misuse of the DMCA process. The system is meant to protect legitimate copyright claims, not to be used as a way to threaten creators into paying up. Extortion involves threats for money under pressure, and while this may not meet the criminal threshold, it does sound like it’s walking a thin line.

You’ve already taken a smart step by filing a counter-notification. Instagram will evaluate your response, and if the other party doesn’t file a legal action within the proper timeframe, the video may be restored. Stay patient, keep all written communication, and avoid sending any payments. If the pressure continues or escalates, you may want to consult legal support to make sure your rights are protected.