DMCA Takedown Notices: Frequently Asked Questions
This article runs through some frequently asked questions about DMCA takedown notices. Here, you can find answers about submitting a DMCA takedown notice and what to do as an author when you receive one. If you need further assistance, please contact the Envato Market Help team.
Our approach to DMCA takedown notices is outlined in our Envato Market Intellectual Property Policy.
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I think there may be a copyright infringement. What should I do?
Consider whether contacting the author is appropriate. There may be a misunderstanding that you can solve without resorting to the formal processes outlined in the Envato Market Intellectual Property Policy.
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How can I get the contact details of the author?
Our Envato Market authors can be contacted through our system by any registered user. It's free to register, and the link to an author's profile page and contact form can be found on each of their item pages.
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The author has not responded. What should I do now?
If the author has not responded or is refusing to remove the content, you have the option of submitting a formal DMCA takedown notice to our Customer Success Team. You can find out how to lodge a valid DMCA takedown notice in the Envato Market Intellectual Property Policy.
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Why do I need to send a DMCA takedown notice?
Only a relevant judicial authority can definitively rule whether an item infringes copyright. Envato is not able to do so. Our role is as the service provider of the Envato Market platform. Upon receipt of a valid DMCA takedown notice, we will remove the item from our platform.
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Why does the author receive a copy of the notice?
A valid DMCA takedown notice should be addressed to the author of the item. We pass the notice on to the author, who may wish to resolve the matter with the complainant or take further steps, such as lodging a counter-notification. See more information here.
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What if the DMCA takedown notice relates to a component of an item?
If the notice relates to a specific component, the author might replace that component. The item could then be reinstated without a counter-notification, as it would no longer be the subject of the DMCA takedown notice.
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Can the item be reinstated?
If an author on Envato Market disagrees with the copyright violation claim, they have the option to send Envato a counter-notification or "put back" notice.
For more information about lodging a counter-notification, see the Envato Market Intellectual Property Policy. If we receive a valid counter-notification, we will send a copy to the person who submitted the original notice (the claimant) and wait 10 business days. Unless we receive a notice from the claimant that they have filed a court proceeding against the author, we will then reinstate the item within 14 business days from when we received the valid counter-notification.
Authors should fully understand their obligations when submitting a counter-notification, as it can trigger legal proceedings from the claimant. Obtain legal advice if you are unsure about this option.
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How can I unfreeze earnings or have my account reinstated?
The release of frozen earnings is at our discretion. For example, if the person who issued the notice retracts the allegations or if we are compelled to do so by a binding court order.
Account reinstatement is also discretionary. We do not reinstate accounts of authors who have received multiple valid DMCA takedown notices (where counter-notifications were not lodged), as we expect our authors to respect intellectual property rights.