How Do I Claim Infringement of My Copyright? (Lodging a DMCA Notice)

If you claim that an item on the Envato Marketplaces, or other user-generated content on other Envato services (both called “item” in this article) violates your copyright, please immediately send Support a DMCA take down (copyright) notice. Please note that a DMCA take down notice is a very serious legal document and we advise you seek your own legal advice as needed.

The document you send must:

1. Identify the item or content that you claim infringes your copyright (including the relevant URL).
2. Identify your copyrighted work (including the relevant URL).
3. Explain in detail how you believe the item or content violates your copyright.
4. Include your full name and contact details, including address, phone number and email address.
5. Include the statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
6. Include the statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Be signed and dated by you.

Scan this document and submit it via Support.

Please note that the full DMCA notice will be forwarded to the author of the item in question, as required by the DMCA legislation.

We recommend that before you issue a DMCA notice, you screenshot any relevant pages including the member page and relevant item pages for your records, as they will be removed or access to them disabled from the website upon receipt of a valid DMCA notice.

Frequently Asked Questions

Unfortunately due to privacy laws we are unable to issue any private information about any member of the Marketplaces (or other user of our sites and services), unless compelled to legally.

Our Marketplace Sellers can be contacted through our system by any registered user.  It is free to register and the link to a seller’s profile page and contact form can be found on each page listing their item.

Sending a DMCA notice ensures that an item is removed immediately. Only a relevant judicial (legal) authority can rule definitively about whether an item infringes copyright – Envato is not able to do so, no matter what our personal opinions may be. Issuing a DMCA notice allows Envato to remove the item immediately.

A DMCA notice has potentially serious legal implications, and upon receipt of a notice in the valid format, Envato must take certain action. If the member wishes to resolve the matter, or take further steps, they need to have access to the notice itself.  This is a legal requirement.

If the DMCA notice is in a valid format, the item will be taken down (or access to it disabled).  The author of the item has the option to file a counter notification.  If so, the item will be reinstated between 10 and 14 business days after we receive the counter notification, unless we receive notice from the person who originally filed the DMCA take down notice that legal proceedings have been filed against the item’s author.  For more information, see here.

If the DMCA notice relates to a specific component of an item, we may direct the author to replace that component, after which the item may be reinstated without a counter notification being filed (as it is no longer the subject of the DMCA notice).

Claimants and Sellers need to resolve issues directly between themselves after DMCA or counter notification are filed.

Claimants and Sellers should be aware that there are potentially serious consequences to both filing DMCA and counter notifications, particularly inaccurate ones.  Obtain your own legal advice as necessary.  Don’t make false claims, as these could result in penalties for perjury, legal damages or other legal consequences.

We strongly recommend that you send a DMCA notice through Support, which will expedite the processing of the notice.

If you must contact us another way, here are the details:

Envato Copyright Agent

Address:
Level 13, 2-26 Elizabeth St
Melbourne
VIC 3000
Australia

Fax: +61 3 9018 3043
Email:  copyright@envato.com