If you receive a DMCA takedown notice, you can consider whether you think the claims made in the notice are valid. You might choose to seek legal advice, especially if you're not sure whether there is any legal validity to the claim.
You can choose to accept a DMCA takedown notice - if so your content will be taken down and remain disabled. Or, you can choose to respond to a DMCA takedown notice by sending us a DMCA counter-notification.
Please take care to understand this process because it is possible that the claimant can take legal action against you if you file a counter-notification. If you have any further questions please visit our DMCA FAQ page.
It's really important not to make a false claim, as this could have serious legal consequences. Please seek your own advice if you're not sure about what the counter-notification process means.
If the DMCA counter notification is not in a valid format we will ask you to resubmit with the missing information.
For us to action a DMCA counter notification it must be in a valid format, which means it must include the information set out at points 1-4 below. We’ve set out an example template here.
- Explain the content in your item that has been taken down, including a description and where it was found - include the URL (this is on the original DMCA notice).
- Make a formal statement about why you think the content in your item should be reinstated. Include the following words: “I make this statement under penalty of perjury, I have a good faith belief that the content was...[add the reason why the content was not used in an unauthorized way]” (for example “removed or disabled as a result of mistake or misidentification of the content”.
- Include your full name and contact details, including your address, phone number and email address.
- If you are a US resident, include a statement that you consent to the jurisdiction of Federal District Court for the judicial district where you live. If you live outside the United States, include a statement that you consent to the jurisdiction of the courts in Victoria, Australia (where Envato is based), and the courts located in the United States federal district in which the person who sent the DMCA take down notice (claimant) lives. Include a statement that you will accept service of process from the claimant, or their agent.
By law, you need to sign and date your notice. If you send us the information via Envato Market Help please note that by entering your full name you are providing us with your digital signature which is legally binding. If you want to sign a physical document you'll need to scan the document and attach it to the help ticket.
We'll send a copy of the DMCA counter-notification to the person who sent the DMCA takedown notice (claimant), then wait 10 business days. Unless the claimant sends us a notice that court proceedings have been filed against you within the 10 business days, we'll then reinstate the content within 14 business days from when we received the counter-notification.