> A false DMCA takedown notice can result in a lawsuit including damages and legal fees.
Only in a very narrow sense of "false": if the issuer of the takedown claims they have copyright over something they don't. The statement that they have a copyright on some work is made under penalty of perjury.
The statement that your work infringes on their copyright is not made under any penalties at all, and there are no consequences for falsely claiming infringement.
So if you play the Moonlight Sonata, I can't claim that I own the copyright to the Moonlight Sonata and you're infringing. I can claim that I own the copyright to some actual work I own the copyright to (even if totally unrelated) and that your work infringes it.
Only in a very narrow sense of "false": if the issuer of the takedown claims they have copyright over something they don't. The statement that they have a copyright on some work is made under penalty of perjury.
The statement that your work infringes on their copyright is not made under any penalties at all, and there are no consequences for falsely claiming infringement.
So if you play the Moonlight Sonata, I can't claim that I own the copyright to the Moonlight Sonata and you're infringing. I can claim that I own the copyright to some actual work I own the copyright to (even if totally unrelated) and that your work infringes it.