How to File a DMCA Takedown on Etsy (2026 Guide)

What Is a DMCA Takedown on Etsy?

A DMCA takedown is a formal notice sent to Etsy requesting that it remove a listing that infringes your copyright. It is authorized by the Digital Millennium Copyright Act, 17 U.S.C. § 512, which grants online platforms like Etsy "safe harbor" protection from copyright liability — but only if they comply with valid takedown notices promptly.

Etsy is considered an "online service provider" under the DMCA. That means it must remove infringing content quickly once it receives a properly formatted notice. If it ignores valid notices, it loses its safe harbor protection.

Filing a DMCA takedown with Etsy is free and does not require a lawyer. It is usually the fastest way to get an infringing listing removed before you consider civil litigation.

For a broader overview of the law, see our guide: What is a DMCA Takedown?

Common Types of Copyright Infringement on Etsy

Copyright infringement on Etsy is widespread. In 2024 alone, Etsy removed over 1.5 million listings for intellectual property violations — many from sellers who did not realize they were breaking the law.

The most common violations include:

Stolen or resold digital designs. A seller downloads clipart, fonts, templates, or SVG files — even free ones — and resells them. Unless the license explicitly allows commercial resale, this is infringement.

Unauthorized product photos. Pulling mockup images or product photos from Google, Pinterest, or another Etsy listing is a direct copyright violation. The photographer owns those images.

Unlicensed fan art. Creating and selling artwork based on copyrighted characters — Disney, Marvel, Harry Potter — without a license is infringement, even if you drew every line yourself. Commercial fan art is rarely protected by fair use.

Misused stock images. Purchasing a standard stock image license does not grant merchandise rights. Selling products featuring stock photos typically requires an extended or merchandise license from the stock provider.

AI-generated content. AI tools are often trained on copyrighted works. The legal status of AI outputs is still evolving, but sellers bear responsibility for what they publish and sell.

Vintage content scans. Etsy has clarified that sellers may not list digital downloads of scanned vintage art — even if the art appears to be in the public domain — without verifying its copyright status.

Step-by-Step: How to File a DMCA Takedown on Etsy

Step 1: Confirm You Own the Copyright

Before you file anything, confirm that you actually own the copyright being infringed — or that you are authorized to act on behalf of the owner.

Copyright protection is automatic in the United States the moment an original work is created in a tangible form. You do not need to register with the U.S. Copyright Office to own a copyright. However, federal registration is required before you can sue for statutory damages or attorney fees.

Also confirm the content is not covered by a fair use exception. Filing a false or bad-faith DMCA notice exposes you to civil liability under 17 U.S.C. § 512(f).

Step 2: Gather Evidence of Infringement

Document the infringing listing before you file. Take clear screenshots of the listing, including the product images, title, description, and price. Copy and save the full URL of the infringing listing.

Preserve this evidence carefully. If the seller removes the listing before you take civil action, you may no longer be able to document the infringement.

Step 3: Use Etsy's IP Reporting Portal

The primary method to file a DMCA notice with Etsy is through its IP Reporting Portal. This is Etsy's designated online system for receiving copyright and trademark infringement reports.

To file through the portal:

1. Go to etsy.com/ipreporting.
2. Register or log in to your account.
3. Select Add IP owner and enter the name or title of your copyrighted property.
4. Fill in further details about the property type (copyright, trademark, etc.).
5. Select the Reports tab, then Create a report.
6. Choose the IP owner, then select Begin report.
7. Enter the infringing listing URLs and provide all required information.
8. Submit the report.

Alternatively, if you cannot use the portal, you may email your notice to legal@etsy.com.

Step 4: Include All Required Information

Under 17 U.S.C. § 512(c)(3), a valid DMCA notice must contain:

• Your physical or electronic signature, or the signature of a person authorized to act on behalf of the copyright owner.
• Identification of the copyrighted work claimed to have been infringed (e.g., "my original SVG design published at [URL]").
• Identification of the infringing material and its location on Etsy — include the full listing URL(s).
• Your name, address, telephone number, and email address.
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Etsy may request additional documentation before processing your report, such as a letter of authorization from the rights owner or identity verification.

You can also use our Free DMCA Takedown Notice Builder to draft a properly formatted notice.

Etsy's Review Process and Timeline

Once Etsy receives a valid copyright report, it deactivates the infringing listing immediately — with no advance warning to the seller. The seller is notified by email that their listing was removed.

Etsy does not independently investigate whether the claim is valid. It acts on the information you provide. This is why accuracy matters — a false notice can expose you to liability.

Etsy may contact you for additional information if your notice is incomplete. Incomplete or clearly abusive notices may be rejected.

What Happens to the Infringing Seller?

When Etsy receives a valid DMCA notice, it:

• Deactivates the infringing listing immediately.
• Notifies the seller by email.
• Provides the seller with information about filing a counter-notice.

Repeat infringement can result in further consequences. Etsy's Intellectual Property Policy states that it "terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances." Etsy exercises this at its own discretion — there is no published three-strikes rule, and Etsy can suspend or permanently close a shop after even a single serious violation.

How to File a Counter-Notice on Etsy

If you are a seller who received a DMCA takedown and you believe the notice was sent in error — or that you own or are licensed to use the content — you can respond with a DMCA counter-notice.

A counter-notice is a formal legal document. Filing a false counter-notice exposes you to civil liability, and potentially criminal penalties under 17 U.S.C. § 512.

What to Include in Your Counter-Notice

Per Etsy's counter-notice requirements and 17 U.S.C. § 512(g)(3), your counter-notice must contain:

• Your name, contact information, and physical or electronic signature.
• Identification of the material that was removed and the location where it appeared before removal.
• A statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification.
• A statement that you consent to the jurisdiction of the U.S. federal district court for your judicial district, and that you will accept service of process from the person who filed the original notice.

How to Submit a Counter-Notice

Email your counter-notice to legal@etsy.com. Etsy will confirm receipt and forward a copy of your counter-notice to the party who filed the original claim.

Timeline for Listing Restoration

After Etsy processes your counter-notice, the listing may be restored after 10 business days — unless the original claimant notifies Etsy that they have filed a lawsuit seeking a court order to prevent you from relisting the material.

If the claimant does not take legal action within that window, Etsy may reactivate your listing.

Etsy's Repeat Infringer Policy

Etsy is required by the DMCA to adopt and enforce a policy that terminates accounts of repeat infringers. This is a condition of maintaining safe harbor protection under 17 U.S.C. § 512(i).

Etsy does not publish a specific number of strikes that triggers account termination. The policy states that action is taken "in appropriate circumstances" at Etsy's discretion. In practice, multiple IP violations — especially within a short period — significantly increase the risk of permanent shop closure.

Sellers have reported that old IP violations can reappear on Etsy's Policy Violations page, even in cases where the rights holder retracted the claim. This means your violation history may follow your shop even after resolution.

Trademark vs. Copyright: Key Differences on Etsy

Many sellers confuse copyright and trademark — and Etsy's process differs depending on which right is at issue.

Copyright protects original creative works: designs, photographs, written content, artwork, music, and videos. Copyright protection is automatic from the moment of creation.

Trademark protects brand identifiers: business names, logos, slogans, and product line names. Trademark rights are typically established through use in commerce, and strengthened by registration.

The DMCA counter-notice process applies only to copyright claims. If your listing was removed for trademark infringement, the DMCA counter-notice procedure does not apply. Your best option in a trademark dispute is to contact the party that submitted the trademark report directly.

Both types of infringement can be reported through the Etsy IP Reporting Portal.

Fair Use Considerations for Etsy Sellers

Fair use is a legal doctrine that permits limited use of copyrighted material without permission in certain circumstances. It is defined in 17 U.S.C. § 107 and evaluated on a case-by-case basis using four factors:

1. Purpose and character of the use — Is it commercial or educational? Transformative or merely reproductive?
2. Nature of the copyrighted work — Is it factual or highly creative?
3. Amount of the work used — How much of the original did you copy?
4. Effect on the market — Does your use harm the market for the original?

Commercial use weighs against fair use. Selling fan art or derivative works for profit is almost never protected — even if the work is highly transformative. Courts and lawyers frequently disagree on how these factors apply in any given case.

Etsy itself notes that it removes content when it receives a compliant infringement report and does not independently adjudicate fair use. If you believe your use qualifies as fair use, your recourse is the counter-notice process and, if necessary, a federal court.

Tips for Etsy Sellers: Avoid DMCA Strikes

Protecting your shop starts with understanding what you can and cannot legally sell.

• Use only assets you created or properly licensed. Read every license carefully before using fonts, clipart, templates, or stock images in products for sale.
• Do not resell free digital downloads. A free license for personal use does not typically include commercial resale rights.
• Avoid copyrighted characters and logos. Disney, Marvel, sports teams, and similar brands aggressively enforce their IP on Etsy. Do not sell items featuring these without an official license.
• Use original product photos. Never copy photos from other listings, Google image search, or Pinterest.
• Verify stock image licenses. Standard stock licenses usually prohibit use on merchandise. Purchase an extended or merchandise license if needed.
• Register your brand trademarks. Etsy recommends registering your marks, logos, and slogans to protect against false claims against your shop.
• Keep records of your licenses. If a takedown dispute arises, documentation of your licensing rights is critical.

Tips for Artists and Designers: Protect Your Work on Etsy

If you create original work and sell it on Etsy — or if others copy and sell it there — here is how to protect yourself.

• Register your copyright with the U.S. Copyright Office. Registration at copyright.gov is not required for ownership, but it is required to sue for statutory damages (up to $150,000 per infringement) and attorney fees. Registration costs as little as $65 for a single work.
• Register your brand on Etsy's IP Reporting Portal. Etsy lets rights holders register their intellectual property at etsy.com/ipreporting, making it faster to file future reports.
• Monitor your listings regularly. Search Etsy periodically for your brand name, design descriptions, and unique phrases from your product listings to spot infringers.
• Document your original creation process. Save dated drafts, design files, and source materials. This documentation supports your claim if a counter-notice is filed.
• File promptly. Act quickly when you discover infringement. Evidence disappears when sellers delist items.
• Consider a cease-and-desist letter first. For minor infringers — especially those who may not realize they are infringing — a direct message or cease-and-desist letter is sometimes enough to resolve the issue without going through the formal takedown process.
• Consult an IP attorney for serious violations. If an infringer is profiting substantially from your work, civil litigation may be warranted, especially after copyright registration.

Sources and References

• 17 U.S.C. § 512 — Limitations on Liability Relating to Material Online — Cornell Law School, Legal Information Institute
• 17 U.S.C. § 107 — Limitations on Exclusive Rights: Fair Use — Cornell Law School, Legal Information Institute
• Section 512 Resources — U.S. Copyright Office
• DMCA Designated Agent Directory — U.S. Copyright Office
• Copyright Registration — U.S. Copyright Office
• Intellectual Property Policy — Etsy
• DMCA Notice Requirements — Etsy
• Submitting a DMCA Counter Notice — Etsy
• How to Report Intellectual Property Infringement — Etsy Help
• How to File a DMCA Counter Notice — Etsy Help
• Do I Need to Copyright the Products I Sell on Etsy? — Etsy Help
• 5 Common Questions About Intellectual Property on Etsy — Etsy Seller Handbook