This article runs through some frequently asked questions about DMCA takedown notices. You can find answers you might have in relation to submitting a DMCA takedown notice in relation to an Author’s item and what to do as an Author when receiving a DMCA takedown notice. If you need further assistance please contact Envato Market Help.
Our approach to DMCA takedown notices and the process followed is outlined in our Envato Market Intellectual Property Policy.
If you believe that an Author’s item on Envato Market is infringing your intellectual property rights (including trademark) then you can submit a General IRP Notice to us.
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 Envato Market Intellectual Property Policy.
Can you give me the contact details of the Author 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(s).
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?
You have the option of submitting a 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.
Why do I need to send a DMCA takedown notice?
Only a relevant judicial authority can rule definitively about 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.
Why does the Author who uploaded the item receive a copy of the notice?
A valid DMCA takedown notice should be addressed to the Author of the item identified in the DMCA takedown notice. We pass on the notice to the Author. On receipt of the DMCA takedown notice, the Author may wish to resolve the matter with the complainant or take further steps such as lodging a counter-notification. See more information here.
What if the DMCA takedown notice relates to a component of an item?
If the DMCA takedown 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 takedown notice).
There are potentially serious consequences to filing DMCA takedown 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.
I do not agree that there has been a copyright violation. Can the item be reinstated?
An Author on Envato Market has 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 DMCA takedown notice (claimant), and then wait 10 business days. Unless we receive a notice from the claimant that they have filed a court proceeding against the Author within that time, we will then reinstate the item within 14 business days from when we received the valid counter-notification.
Authors should fully understand the obligations they have by submitting a counter-notification because a counter-notification can trigger legal proceedings from the claimant about the alleged copyright infringement. Obtain legal advice if unsure about this option.
There may be other situations in which the item can be reinstated, such as where the material in dispute can be removed altogether from the item (e.g. it is one stand-alone component within the item). In such a situation, it may be possible for the Author to replace the disputed material before re-submitting the item. In that case, the Authors would not need to send a counter-notification. For more information on this please contact Envato Market Help.
If I’m an Author, 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 as we do not want Authors on our marketplace who do not respect intellectual property rights. We will not reinstate accounts of Authors who have received multiple DMCA takedown notices in a valid format (where counter notifications have not been lodged).