As an Etsy seller, you may face situations where your listings have been removed due to a reported copyright infringement under the Digital Millennium Copyright Act (DMCA). If you believe this removal is based on a misidentification or an error, submitting a DMCA counter notice could be the right move.
Before proceeding, familiarize yourself with our DMCA counter notice policy to determine if you qualify to file a counter notice. We’ll guide you through the process of how to submit it.
Understanding DMCA Counter Notices
Counter notices serve as your defense against copyright infringement reports. They are shared with the party who filed the complaint and include your contact details along with a statement asserting that you believe the removed material was wrongly identified as infringing copyright.
Upon processing your counter notice, unless there’s legal action taken by the complaining party within 10 business days seeking court order against further infringement on your part, you may proceed to relist the removed items.
Filing a counter notice is serious and can lead to legal implications; even potential lawsuits from the complainant.
When Can I File A DMCA Counter Notice?
Counter notices are specifically for disputing copyright infringement reports. You need to adhere strictly to Etsy’s Intellectual Property Policy, which outlines all necessary information required by DMCA for filing such disputes.
Please note that Etsy will not accept any non-copyright related claims in these counter notices.
What Is The DMCA?
The term “DMCA” refers to U.S.'s Digital Millennium Copyright Act, which protects online platforms like Etsy from liability arising from copyright infringements by users.
On receiving proper reports of alleged copyright infringement containing specific information outlined in our policy, Etsy acts swiftly by disabling access to any infringing materials cited in such report(s).
This article provides information and does not constitute legal advice.
Drafting Your Own DMCA Counter Notice: An Example Template
Now that we've discussed what a DMCA counter notice is and when to use it, let's look at a practical example of how you can draft your own DMCA counter notice.
Subject: DMCA Counter Notice Regarding Removed Listings
Dear Etsy,
I am writing in response to the copyright infringement claim that resulted in the removal of my listing(s). I believe that this action was based on a misidentification or error, and I wish to submit this counter notice under the provisions of the Digital Millennium Copyright Act (DMCA).
Here are my contact details:
- Full Name: [Your Full Name]
- Address: [Your Address]
- Email: [Your Email]
- Phone Number: [Your Phone Number]
The listings removed were:
[Listing Titles and URLs]
I declare, under penalty of perjury, that I have a good faith belief that the material was removed due to a mistake or misidentification. I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located.
Please reinstate these listings at your earliest convenience.
Thank you for your attention to this matter.
Sincerely,
[Your Full Name]
Please note that this is just an example and may not suit every situation. You should consult with legal counsel before submitting any legal documents.
Conclusion: Navigating Copyright Infringements and DMCA Counter Notices on Etsy
Remember that intellectual property rights are crucial on platforms like Etsy which houses numerous artists, designers and makers showcasing their original work. In order give them due respect and maintain integrity of our marketplace, we uphold intellectual property laws firmly at Alura while providing tools helpful for sellers navigating these waters.
For additional guidance regarding use of intellectual property rights on Etsy or if you wish delve deeper into specifics about reporting infringements or responding when affected by one then refer below:
- Etsy’s Role
- Reports of Intellectual Property Infringement
- Counter Notices
- Repeat Infringement
- Withdrawals
- Resources
Understanding each aspect will better equip you as an artist or seller on this platform while ensuring compliance with laws protecting creative output. In conclusion, remember that crafting effective counternotices requires careful attention and understanding about copyright laws applicable in your jurisdiction and beyond.