If you notice someone or an entity infringing on material that belongs to you, Etsy recommends that you first consider using the site’s reporting form (keep reading). You may also send a DCMA takedown notice to [email protected]; you can build a professional one using our free DMCA takedown notice builder.
Quick take: how to file a DMCA takedown notice on Etsy
- Etsy recommends that you use the company’s dispute resolution center -but you may send DMCA takedown request directly to the infringing party or to the email above.
- Using Etsy’s takedown process is cheaper and faster than filing a lawsuit.
- When you complete a takedown notice, you begin a legal process, meaning fraudulent takedown requests may result in account deletion and civil action.
- You will need evidence to file a takedown notice.
- Altering content management information is unlawful.
- If you receive a DMCA takedown notice, you may file a counter notice.
- If you send a DMCA takedown notice, you have fourteen days to take civil action or Etsy may restore the disabled content.
- Assume that all content on Esty is copyrighted. So, ask for written permission before use.
How do I File a DMCA Takedown Notice on Etsy?
According to Etsy, the company complies with the Digital Millennium Copyright Act (link). Because of that, you or someone on your behalf may submit a notice of infringement if you notice unauthorized use of your content on the platform. Note that the DMCA act allows the person receiving a takedown notice to file a counter-notice. Also, if you send a fraudulent DMCA takedown notice, the receiver may take civil action.
Consequently, before you send a takedown notice, it is vital to ensure that:
(1) You have registered the content or work being infringed upon with the copyright office.
(2) You have proof of ownership.
(3) The content is not protected by Fair Use Exceptions.
Should I send a DMCA Takedown Notice on Etsy or Should I file a Lawsuit?
As mentioned, Etsy has an internal policy that handles copyright claims and does not involve the federal court system or law enforcement. Consequently, before you take civil action, you should consider reporting the infringing activity to Etsy. The process is free, and you do not need a lawyer.
However, suppose the individual is profiting from your work or content. In that case, you may send a demand letter telling the person that you are aware of the infringing activity and that you may be willing to solve the dispute out of court. Another alternative is to send a cease-and-desist letter to the infringing party.
What if the Infringing Party is not from your Country?
The problem with filing a lawsuit against someone in another country is that it is expensive, and there is no guarantee that the infringing party’s country will comply with court orders from your country. In this scenario, it is best to use Etsy’s takedown process.
But before you decide what measures to take, we recommend consulting with a claims attorney.
How to File an Intellectual Property Infringement Report/DMCA Takedown Notice on Etsy
Step 1: Gather evidence
To prove your claim, you will need evidence of the infringing activity. The idea is to go to the page containing your property, take screenshots, and save the URL. Remember to preserve the evidence because you may need it when you take civil action if the accused or Etsy takes it down. Also, if the accused promptly complies with the DMCA takedown notice, you may no longer have the option to take civil action.
On the page, you will find a form. Complete the form to begin the process.
Note that when you complete the form, you initiate a legal process, meaning, if the takedown notice is fraudulent, Etsy may delete your account, take civil action (rare), or the person receiving the notice may take civil action.
How to write a DMCA Takedown Notice on Etsy
All DMCA takedown notices must contain the following five elements according to section 512c of the DMCA act:
- You must provide your contact information, including your email. (See the screenshot above)
- The takedown notice must contain your physical or digital signature.
- You must identify the copyrighted material, infringing activity, and location of infringing activity (links)
- The notice must also contain two statements. One saying that you have a good faith belief that the use of the material is unauthorized by you or the copyright owner and the other affirming that the statement you provided is accurate.
Note: you also have the option to ask the person infringing on your work to take down the material directly. If the person refuses, you may use Etsy’s takedown procedure.
What to remember:
- Etsy will only takedown content if the claim is not frivolous or abusive (TOS).
- Upon receiving a valid takedown notice, Etsy may disable your shop.
- To protect your shop from frivolous or abusive claims, Etsy recommends that you register any marks, logos, slogans, and anything else connected to your services, goods, or branding.
- You have the option of using Etsy’s copyright infringement dispute resolution process, or you may take civil action in federal court.
- It is good practice to get written permission before using copyrighted material.
- If your takedown notice is false, fraudulent, incomplete, or submitted in bad faith, Etsy may reject it.
What to do if you Receive a DMCA Takedown Notice on Etsy?
If you own the rights or trademark, or if the notice is delivered in bad faith. You have the option to file a counter-notice. If you file a counter-notice on Etsy, what will happen is Etsy will send the notice to the complaining party. According to Etsy, your counter-notice must include the following:
- Your name, contact information, and digital or physical signature
- The alleged infringing material and its location.
- A statement by the accused under the penalty of perjury that the individual has a good faith belief that the disputed intellectual property was misidentified or mistakenly removed.
- A statement that you consent to the jurisdiction of the United States federal court.
What if you Lie in your Counter-Notice?
If your counter-notice contains false information, the other party has the option to take civil action, and you may also face criminal penalties. Why?
Under the DMCA act, altering or changing Content Management information, including copyright registration number, copyright owner’s name, ISBN, and so on, is a criminal offense.
Note that if you send a DMCA takedown notice and do not file a lawsuit within 14 days, Etsy and other internet service providers may restore the disabled or removed content. To prevent this from happening, you may send a cease-and-desist letter or take civil action. We recommend consulting with a claims attorney near you.