If Etsy removes a listing(s) from your shop based upon a DMCA notice of copyright infringement, and you believe that the removal is the result of a misidentification or an error, you may consider whether submitting a DMCA counter notice is appropriate for you.
What are DMCA counter notices?
Counter notices are a way to dispute a notice of copyright infringement. They are shared with the complaining party and include your contact information as well as a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as the result of a mistake or misidentification.
Unless the complaining party notifies Etsy of legal action seeking a court order to restrain you from infringing activity, you may relist the removed material 10 business days after Etsy processes your counter notice.
Please note that filing a counter notice is a serious matter that can have legal implications, and the complaining party may choose to file legal action against you.
What can I file a DMCA counter notice for?
Counter notices can be filed against notices of copyright infringement only. Etsy's Intellectual Property Policy outlines the information required by the DMCA in order to submit a counter notice.
Etsy cannot accept counter notices for non-copyright claims.
What is the DMCA?
The term “DMCA” refers to the Digital Millennium Copyright Act, a United States copyright law. The DMCA protects online venues from liability that can occur as a result of copyright infringement. As an online venue, Etsy adopted our Intellectual Property Policy in accordance with intellectual property law, industry best practices, and the DMCA.
If an intellectual property owner (or an agent authorised by them) submits a proper notice of copyright infringement that includes the specific information outlined in our policy, Etsy must act expeditiously to disable access to the infringing material cited in the notice.
The information contained on this page constitutes information and not legal advice. The reader assumes all responsibility for any and all use of this information. Please consult a lawyer for specific questions.