Jan 29, 2025
How to File an Etsy DMCA Takedown Notice & Protect Your Online Business
Copyright infringement can be a serious threat to online sellers. Imagine waking up to find that someone has copied your designs and is selling them in direct competition with you. This nightmare scenario can happen to anyone who sells their creative work online, and if you sell on Etsy, it's even more likely that this competitor has set up shop on the same platform as you. The good news is that DMCA takedown google notices can help you fight copyright infringement and get your online business back on track. This article will help you understand how to file a DMCA takedown notice on Etsy so you can protect your intellectual property and ensure your online business remains secure from copyright infringement.
Copycat detection tools like Bustem's can help you identify if someone is stealing your work on Etsy and make the DMCA takedown process easier. This valuable tool can help you achieve your goals of protecting your intellectual property and getting your online business back on track.
Table of Contents
What is a DMCA Takedown Notice on Etsy?
A DMCA takedown notice is a request to remove content from a website or online marketplace that infringes on your intellectual property rights. The DMCA, or Digital Millennium Copyright Act, is a law that protects copyrighted material online. It helps creators and sellers protect their original work from being copied or used without permission.
DMCA Notices for Etsy Sellers
The DMCA notice is relevant to Etsy sellers because it allows them to remove unauthorized listings that violate their intellectual property rights. For example, James is a freelance digital artist who owns a virtual art piece called ‘Magic Lady.’ James discovers that another artist is using his art to promote his brand.
In this case, he can send a DMCA takedown notice and rightfully remove the content from the third-party website. It is important to note that it is not always mandatory to prove that the content is copyrighted or trademarked to file a DMCA takedown on Etsy. Proving you are the owner can be reason enough to process a takedown notice.
What Type of Infringements Require a DMCA Takedown on Etsy?
If someone copied or stole these unique items, you can file a DMCA takedown notice on Etsy.
Photographs taken by you
Visual designs, including portraits
Custom-built sculptures
Original written content, such as books and novels
Customer paintings
Duplication of the text in your listing
Tailor-made crafts
Poetry
When to Take Action
For instance, you made a custom visual design and uploaded it to your website. After a few months, you see a T-shirt with a block print of the same design being sold on Etsy. In this case, you may report it to Etsy. Please note that this list is not exhaustive. Other instances of copyright violations on Etsy are possible.
What are the Requirements to File an Etsy DMCA Takedown Notice?
If you have decided to file for an Etsy DMCA takedown, the following information should be attached:
A signature of the owner of IP that was allegedly infringed or of a person authorized to act on behalf of the owner. Electronic signatures are accepted.
Identify the alleged copied work with precise detail on how they infringe on your IP.
Include specific URLs for Etsy to track all the listings you recognize as potentially infringing your content/product.
A statement of confidence that the notifier reasonably believes that the original IP owner has not authorized the party infringing.
Full details of the IP owner, including name, email address, contact info, and address.
A declaration that all the information provided in the takedown notice is accurate and in good faith. In case the notifier is caught misrepresenting, you may be held liable to pay damages (including costs and lawyers’ fees).
Related Reading
• Instagram DMCA
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• YouTube DMCA Takedown
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• Copycat Website
How Do I File an Etsy DMCA Takedown Notice?
You’ve spotted an unauthorized use of your copyrighted work on Etsy. Now what? A DMCA takedown notice may help you remove the infringing content. Etsy recommends using the company’s dispute resolution center, but you may send DMCA takedown requests directly to the infringing party or the email above.
A Faster, Cheaper Path to Protection
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. 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:
You have registered the content or work being infringed upon with the copyright office.
You have proof of ownership.
Fair Use Exceptions do not protect the content.
What are the Requirements to File an Etsy DMCA Takedown Notice?
If you have decided to file for an Etsy DMCA takedown, the following should be attached. A signature of the owner of IP that was allegedly infringed or of a person authorized to act on behalf of the owner. Electronic signatures are accepted. Identify the alleged copied work with precise detail on how they infringe on your IP.
Essential Information & Evidence
Include specific URLs to all the listings you recognize as potentially infringing my content/product for Etsy to track. A statement of confidence that the notifier reasonably believes that the original IP owner has not authorized the party infringing. Full details of the IP owner, including:
Name
Email address
Contact info
Address
A declaration that all the information provided in the takedown notice is accurate and in good faith. In case the notifier is caught misrepresenting, you may be held liable to pay damages (including costs and lawyers’ fees).
How to File an Intellectual Property Infringement Report/DMCA Takedown Notice on Etsy
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.
Go to Etsy’s Customer Support Page
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. If the takedown notice is fraudulent, Etsy may delete your account or 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 following:
Copyrighted material
Infringing activity
Location of infringing activity (links)
The notice must also contain two statements. One is 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 affirms 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 remove content if the claim is not frivolous or abusive (TOS). Upon receiving a valid takedown notice, Etsy may disable your shop. Etsy recommends that you register any of the following:
Marks
Logos
Slogans
Anything else connected to your services, goods, or branding
This protects your shop from frivolous or abusive claims.
Resolving Etsy Copyright Disputes
You can use Etsy’s copyright infringement dispute resolution process or 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.
Related Reading
• How to Report Copyright Infringement on Etsy
• Report Infrigement Amazon
• Report Shopify Seller
• How to Report a Scammer on Instagram
• Tiktok Copyright Infringement
• Facebook Copyright Infringement Notice
• How to Submit a DMCA Takedown Notice
• DMCA Takedown Request
What Can You Do to Prevent Copyright Infringements on Etsy?
The Digital Millennium Copyright Act is a U.S. copyright law enacted in 1998. The DMCA aims to protect copyright holders from having their work illegally downloaded and distributed on the Internet.
Like many online marketplaces, Etsy follows DMCA guidelines and has a process for reporting and handling copyright infringement claims. In short, if your shop is hit with a DMCA takedown, someone files a complaint against your store for selling an item they claim violates their copyright.
Responding Quickly and Effectively
Etsy takes these claims seriously and will remove your listing until the issue is resolved. If you receive a DMCA takedown notice, it’s critical to address it immediately. You can respond to DMCA claims in one of two ways:
A counterclaim
Deleting offending listings
Etsy Copyright Disputes
Counterclaims can be risky, especially if you’re not in the right. The case could go to court if the original filer doesn’t drop the claim after you submit a counter. If you’re found guilty, you could face steep financial penalties. It’s always safer to delete the offending listings while you sort out the issue with the filer.
Proactive Strategies to Protect Your Work on Etsy
The best way to deal with DMCA takedown notices is to avoid them altogether. Here are some tips on how to prevent copyright infringement on Etsy:
File trademarks, patents, and copyrights to protect all your unique inventions/products. Even though an Etsy store owner doesn’t need IP ownership to initiate DMCA takedown, having rights makes the process smoother and straightforward and eliminates the possibility of a counterclaim.
Brand Protection
Constantly monitor the web for any potential infringements of your brand. Monitoring 1000s of products on multiple marketplaces is time-consuming, ineffective, and cost-heavy. Bustem's brand protection software protects your business from piracy and counterfeiting across multiple marketplaces.
Related Reading
• DMCA Takedown Process
• Best DMCA Takedown Service
• Red Points Alternatives
• BrandShield Alternatives
• DMCA Protection
• Copyright Infringement Lawyers
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Images
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Headlines
Text
Once we spot copycats, we streamline the entire takedown process with pre-filled DMCA forms and comprehensive case management.