If you believe that an item on the Envato Market is infringing on your intellectual property rights you would need to lodge a DMCA notice.
Our approach to DMCAs and the process followed is outlined in our Content Policy.
This article explains frequently asked questions about DMCAs. You can find answers in relation to lodging a DMCA and alternatively also about receiving a DMCA. If you need further assistance please contact the Envato Help team.
I think there may be an infringement of my copyright. 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 Content Policy.
Can you give me the contact details of the member who I claim violated my copyright?
Our Envato Market authors can be contacted through our system by any registered user. It is free to register and the link to an author’s profile page and contact form can be found on each page listing their item.
Due to privacy laws, we are unable to issue any private information about any member of the Envato Market unless compelled to legally.
The Envato Market author hasn’t responded to my request or is refusing to remove the content that I think is in violation of my copyright. What now?
Why do I need to send a DMCA take down notice?
Only a relevant judicial authority can rule definitively about whether an item infringes copyright. Envato is not able to do so, no matter what our personal opinions may be. Issuing a DMCA notice allows Envato to remove the item immediately.
Why does the member who uploaded the item receive a copy of the notice?
A DMCA notice has potentially serious legal implications, and upon receipt of a notice in the valid format, Envato must take certain action. If the member wishes to resolve the matter, or take further steps, they need to have access to the notice itself. This is a legal requirement.
What happens next?
If the DMCA notice is in a valid format, the item will be taken down (or access to it disabled). The author of the item has the option to file a counter notification. If so, the item will be reinstated between 10 and 14 business days after we receive the counter notification, unless we receive notice from the person who originally filed the DMCA take down notice that legal proceedings have been filed against the item’s author.
If the DMCA notice relates to a specific component of an item, the author might replace that component, after which the item might be reinstated without a counter notification being filed (as it is no longer the subject of the DMCA notice).
There are potentially serious consequences to filing DMCA notices, particularly inaccurate ones. Obtain your own legal advice as necessary. Do not make false claims, as these could result in penalties for legal damages.
A DMCA takedown has been issued against my item
What do I do now?
You should consider whether or not there has been a breach of copyright of the person who sent the take-down notice (the “claimant”). One approach is to attempt to resolve the matter with that person directly. Obtain legal advice if the situation warrants, for example, if you are unsure of whether there has been a breach of copyright, or are unsure how to respond to a demand from the claimant.
I do not agree that there has been a copyright violation! Can the item be reinstated?
You have an option to send us a counter notification or “put back” notice.
For more information about lodging a counter notification see the Content Policy. If we receive a counter notification, we will send a copy to the claimant, then wait 10 business days. Unless we receive a notice from the claimant that they have filed a court proceeding against you within that time, we will then reinstate the item within 14 business days from when we received the counter notification.
You should fully understand this option, because a counter notification can trigger legal proceedings against you from the claimant about the alleged copyright infringement. Obtain legal advice if unsure about this option.
There may be other situations in which your item can be reinstated, such as where the material in dispute can be removed altogether from your item (e.g. it is one stand-alone component within your item). In such a situation, it may be possible for you to replace the disputed material before re-submitting the item. In that case, you would not need to send a counter notification. If you need more information on this please contact the Envato Market Help team.
How can I unfreeze earnings or have my account reinstated?
Release of frozen earnings will occur at our discretion. For example if the person issuing the notice retracts the allegations, if we’re compelled to do so by a binding order issued by a relevant judicial authority, or under a relevant agreement settling the dispute.
Account reinstatement is also discretionary. We will not reinstate accounts of authors who have received multiple DMCA notices in a valid format (where counter notifications have not been lodged).
How do I resolve the issue with the person who sent the take-down notice?
We are not able to give specific advice to authors and complainants. We do however suggest you consider the following:
- Was your item was independently created? What was the timing of creation of your and the claimant’s work? Do any defenses apply?
- Does the claimant’s work have the same scope as your item? Alternatively is the issue just one component of your item? (e.g. a graphic within a website template) If so, can this be removed?
- Is the claimant is seeking monetary payment from you? Or just to have your item taken down permanently? If monetary payment is claimed, relevant factors include your earnings from the sale of your item, what licensing fee might be appropriate, and whether the claimant’s work was included in the downloaded file or used in some other way (i.e., on your own external site, in your own live preview, or in your marketing material).
- Where does the claimant live? Are there any relevant legal forums for resolving disputes for your locations?