We’ve put together a few frequently asked questions about DMCAs and what they might mean for you. Our approach to DMCAs and the process we follow is outlined in our Content Policy (please read that first).
The first section below deals with questions around lodging a DMCA and the second section is about what to do when you receive a DMCA. If after considering the Content Policy and the FAQs below and you’re still unsure about anything, please contact support.
I think there may be an infringement of my copyright
What should I do?
Consider whether contacting the Marketplaces author (sellers of items) whom you think might be breaching your intellectual property is appropriate. There may be a misunderstanding that you and the author might be able to sort out without resorting to the formal processes outlined in the Content Policy.
Can you give me the contact details of the member who I claim violated my copyright?
Our Marketplace authors 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.
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.
The Marketplaces author hasn’t responded to my request or is refusing to remove the content that I think is in violation of my copyright. What now?
Why do I need to send a DMCA take down notice?
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.
Why does the member who uploaded the item receive a copy of the notice?
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.
What happens next?
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.
If the DMCA notice relates to a specific component of an item, the author might replace that component, after which the item might be reinstated without a counter notification being filed (as it is no longer the subject of the DMCA notice).
You and an author need to resolve issues directly between yourselves after DMCA or counter notification are filed.
You should be aware that there are potentially serious consequences to filing DMCA notices, 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.
A DMCA takedown has been issued against my item
What do I do now?
As a Marketplaces author whose item has been taken down because of a DMCA notice, you should consider whether or not there has been a breach of copyright of the person who sent the take-down notice (the “claimant”). One approach is to attempt to resolve the matter with that person directly. You should also consider whether to obtain your own legal advice if the situation warrants, for example, if you are unsure of whether there has been a breach of copyright, or if you are unsure how to respond to a demand from the claimant.
I do not agree that there has been a copyright violation – what do I do next? Can the item be reinstated?
You have an option to send us a counter notification or “put back” notice.
For more information about lodging a counter notification see the Content Policy. If we receive a counter notification, we will send a copy to the claimant, then wait 10 business days. Unless we receive a notice from the claimant that they have filed a court proceeding against you within that time, we will then reinstate the item within 14 business days from when we received the counter notification.
You should fully understand and carefully consider this option, because it is possible that a counter notification can trigger legal proceedings against you from the claimant about the alleged copyright infringement. Obtain your own advice if unsure about this option. Don’t make false claims, as these could result in penalties for perjury, legal damages or other legal consequences.
There may be other situations in which your item can be reinstated, such as where the material in dispute can be removed altogether from your item (eg it is one stand-alone component within your item). In such a situation, it may be possible for you to replace the disputed material before re-submitting the item. In that case, you would not need to send a counter notification. Contact support to discuss if relevant.
How can I unfreeze earnings or have my account reinstated?
Release of frozen earnings will occur at our discretion (eg if the person issuing the notice retracts the allegations), if we’re compelled to do so by a binding order issued by a relevant judicial authority, or under a relevant agreement settling the dispute.
We’ll use our discretion about whether to reinstate a disabled account; please contact support to discuss. Note that we will not reinstate accounts of authors who have received multiple DMCA notices in a valid format (where counter notifications have not been lodged).
How do I resolve the issue with the person who sent the take-down notice?
Take-down notices will be issued in a variety of circumstances. One approach you might consider is contacting the complainant to discuss and resolve the issue.
We regret that we’re not able to give specific advice to authors and complainants. But there are several factors that you and a claimant might consider, like the following things:
- Whether your item was independently created, timing of creation of your and the claimant’s work, and other copyright law issues such as whether any defences apply.
- Whether the claimant’s work has the same scope as your item. Alternatively, whether it is just one component of your item (eg a graphic within a website template) and can be removed from your item.
- Whether the claimant is seeking monetary payment from you, or simply to have your item taken down permanently. If monetary payment is claimed, relevant factors include your earnings from the sale of your item, what licensing fee might be appropriate, and whether the claimant’s work was included in the downloaded file or used in some other way (eg on your own external site, in your own live preview, or in your marketing material).
- Where you and the claimant live, and relevant legal forums for resolving disputes.