What do I do if I find my file being distributed Illegally?

What do I do if I find my file being distributed Illegally?

Disclaimer: Envato is not a legal body which is qualified to give you advice on these matters.  Any suggestions on this page are to be considered general and not specific to your situation. When sending legal documentation or taking any form of legal action, we recommend you consult with a legal professional. We can take no responsibility for the repercussions of following the suggestions in this document.

How to Issue a DMCA Notice

  1. If you have found one of your files being used or distributed illegally, make sure the item actually is yours and that you hold the copyright to it – you may be held liable for sending incorrect or misleading information if later found to be incorrect or misleading.
  2. Upon confirmation of the violation, you should locate the contact details of the the distributor, webmaster, host or owner of the site/location where the files are being used illegally.
  3. You should send a DMCA (Digital Millennium Copyright Act) notice to the infringing party, (that is the distributor, webmaster, host or owner of the site/location where the files are being used illegally). 

A Correct DMCA Notice Should Do The Following

  • Identify the item on the site/location that you claim infringes your copyright (including the relevant URL)
  • Identify your copyrighted work (including the relevant URL)
  • Explain how you believe the infringing item violates your copyright.
  • Include your full name and contact details, including address, phone number and email address.
  • 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.”
  • 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.”
  • Be signed and dated by you.

Sending this legal document is very serious and should only be done when you are sure a breach has taken place.  Due to the nature of the notification it is generally acted on by the recipient immediately. If it is not, it is your responsibility should you wish to follow it up.

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