Summary: If you believe your intellectual property rights have been infringed, this article will help you submit a DMCA Takedown Notice or a General IPR Notice to us, for the content to be removed from Envato’s sites.
If you are an author who has received a DMCA Takedown Notice and your item has been removed, this article will help you understand the options open to you and includes information on submitting a Counter Notice.
How to submit a valid DMCA Takedown Notice
What to consider if you have received a DMCA Takedown Notice
How to submit a Counter Notice
How to submit a General IPR Notice
What to consider if you have received a General IPR Notice or another type of complaint
How to submit a valid DMCA Takedown Notice
If you believe someone is using your copyright content without permission, you can use the Digital Millennium Copyright Act (DMCA) process by sending us a DMCA takedown notice. As the service provider of the Envato platforms, we act promptly when we receive valid DMCA takedown notices.
Please make sure you understand what rights you are claiming before you submit a DMCA takedown notice because it is a serious legal document. Consider whether you need legal advice. It's really important not to make false claims as this could have serious legal consequences.
If the DMCA takedown notice is not in a valid format we will ask you to resubmit with the missing information.
For us to action a DMCA takedown notice, it must be in a valid format, which means it must include the information set out at points 1-5 below.
- Explain the content of the Author’s item that you claim infringes your copyright, including a description and where we can find it the Author’s item - include the URL;
- Explain your copyrighted content and let us know where we can see this published - include the URL;
- Give us a detailed explanation about how you believe the content in the Author’s item violates your copyright;
- Include your full name and contact details, including your address, phone number, and email address;
- Include the following two statements:
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- "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law." AND
- "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
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- By law, you need to sign and date your DMCA take down notice either with a physical or digital signature. If you want to sign a physical document you'll need to scan the document and attach it to the help ticket.
We have to send this DMCA takedown notice to the other person, which means your details will be passed to them. The other person, who is the Author of the item you have identified, can submit a DMCA counter-notification if they disagree with your DMCA takedown notice, and they might contact you directly using your contact details.
The content in the Author’s item in question will generally be disabled from Envato when we receive a DMCA takedown notice. If we receive a counter-notification and you have not confirmed to us that you've filed court proceedings against the Author within 10 business days, we will re-enable the content within 14 business days of receiving the counter-notification. If you have any further questions please visit our DMCA FAQ page.
What to consider if you have received a DMCA Takedown Notice
If you receive a DMCA takedown notice, you can consider whether you think the claims made in the notice are valid. You might choose to seek legal advice, especially if you're not sure whether there is any legal validity to the claim.
- You can choose to accept a DMCA takedown notice - if so your content will remain disabled.
- Or, you can choose to respond to a DMCA takedown notice by sending us a DMCA counter-notification.
How to submit a Counter Notice
Please take care to understand this process because it is possible that the claimant can take legal action against you if you file a counter-notification. If you have any further questions please visit our DMCA FAQ page.
It's really important not to make a false claim, as this could have serious legal consequences. Please seek your own advice if you're not sure about what the counter-notification process means.
If the DMCA counter notification is not in a valid format we will ask you to resubmit with the missing information.
For us to action a DMCA counter notification it must be in a valid format, which means it must include the information set out in the points below. There is an example template for your reference:
- Explain the content in your item that has been taken down, including a description and where it was found - include the URL (this is on the original DMCA notice).
- Provide an explanation for your Counter Notice
- Make a formal statement about why you think the content in your item should be reinstated. Include the following words: “I make this statement under penalty of perjury, I have a good faith belief that the content was...[add the reason why the content was not used in an unauthorized way]” (for example “removed or disabled as a result of mistake or misidentification of the content”.
- Include your full name and contact details, including your address, phone number, and email address.
- If you are a US resident, include a statement that you consent to the jurisdiction of Federal District Court for the judicial district where you live.
- If you live outside the United States, include a statement that you consent to the jurisdiction of the courts in Victoria, Australia (where Envato is based), and the courts located in the United States federal district in which the person who sent the DMCA takedown notice (claimant) lives.
- Include a statement that you will accept service of process from the claimant or their agent.
By law, you need to sign and date your notice either with a digital or physical signature. If you send us the information via Envato Support, please state SIGNED followed by your full name. If you want to sign a physical document you'll need to scan the document and attach it to the help ticket.
We'll send a copy of the DMCA counter-notification to the person who sent the DMCA takedown notice (claimant), then wait 10 business days. Unless the claimant sends us a notice that court proceedings have been filed against you within the 10 business days, we'll then reinstate the content within 14 business days from when we received the counter-notification.
How to submit a General IPR Notice
As the DMCA process only applies to copyright, we have a similar process for other claims (General IPR Notices). If you believe that an Author’s item on Envato Elements is using content that is protected by another form of IPR (not copyright), such as a trademark, we ask you to send us a General IPR Notice that contains the detailed information set out below. We’ve set out an example template which you can use, see GENERAL IPR NOTICE TEMPLATE.
- Tell us about the content in the Author’s item that you claim infringes your rights, including a description and where we can find it - include the URL;
- Tell us about the rights you claim, the basis of the ownership claim, and where we can see evidence of your right - include the URL. If you're claiming a trademark right include the trademark registration number, country and class of registration;
- Give us a detailed explanation about how you believe the content in the Author’s item violates your claimed right; and
- Include your full name and contact details, including address, phone number and email address.
You need to sign and date your notice. If you send us the information via Envato Author Help please note that by entering your full name you are providing us with your digital signature which is legally binding. If you want to sign a physical document you'll need to scan the document and attach it to the help ticket.
We will respond appropriately depending on what your claim is about. We may ask for more information and send a copy of your claim to the Author. The Author might contact you directly using the details you've provided.
What to consider if you have received a General IPR Notice or another type of complaint
Complaints about the use of IPRs can cover a wide range of issues. If we send you a general IPR notice or tell you that another type of complaint has been made, we'll generally ask you some specific questions about the complaint and the content or let you know what else is needed.
Template Notices
Select which template you need:
DMCA Notice Template
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REQUIRED INFORMATION |
TO BE COMPLETED BY YOU |
|---|---|
|
YOUR FULL LEGAL NAME |
[insert your full legal name, not a company name] |
|
YOUR EMAIL ADDRESS |
[insert the email address you are sending this notice from] |
|
YOUR STREET ADDRESS |
[insert your street address] |
|
YOUR PHONE NUMBER |
[insert your phone number] |
|
AUTHOR USERNAME WHOSE CONTENT YOU CLAIM IS INFRINGING |
[insert the username of Author whose content you claim is infringing your copyright] |
|
COPYRIGHT OWNER OR AUTHORISED AGENT |
Choose one of the statements below: [I confirm I am the copyright owner of the ALLEGED INFRINGED CONTENT] OR [I am the Authorised Agent of the copyright owner of the ALLEGED INFRINGED CONTENT] |
|
ALLEGED INFRINGED CONTENT This means your copyright content which you claim has been infringed |
[Explain:
|
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ALLEGEDLY INFRINGING CONTENT AND URLS TO BE REMOVED This means the Author’s item on our sites which you claim is infringing your copyright |
[Add:
|
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YOU AGREE THIS STATEMENT IS MADE BY YOU: |
By submitting this DMCA take down notice to us you agree have made this statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law." |
|
YOU AGREE THIS STATEMENT IS MADE BY YOU: |
By submitting this DMCA take down notice to us you agree have made this statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." |
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SIGNED BY YOU By law, you need to sign and date your notice. If you send us the information via Envato Author Help please note that by entering your full name you are providing us with your digital signature which is legally binding. If you want to sign a physical document you'll need to scan the document and attach it to the help ticket. |
[You must sign this notice by either writing your full name here or adding your electronic signature] |
Counter Notice Template
|
REQUIRED INFORMATION |
TO BE COMPLETED BY YOU |
|---|---|
|
YOUR FULL LEGAL NAME |
[insert your full legal name, not a company name] |
|
YOUR ENVATO USERNAME |
[insert your own username] |
|
YOUR EMAIL ADDRESS |
[insert the email address you are sending this notice from] |
|
YOUR STREET ADDRESS |
[insert your street address] |
|
YOUR PHONE NUMBER |
[insert your phone number] |
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ALLEGEDLY INFRINGING CONTENT AND URLS WHICH HAVE BEEN REMOVED This means the content on our sites which have been removed |
[Add:
|
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YOU AGREE THIS STATEMENT IS MADE BY YOU: |
By submitting this DMCA Counter Notice to us AND YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA you agree have made this statement: “I consent to the jurisdiction of Federal District Court for the judicial district in which I reside.” By submitting this DMCA takedown notice to us and YOU RESIDE OUTSIDE THE UNITED STATES OF AMERICA you agree have made this statement: “I consent to the jurisdiction of the US Federal District Court where the claimant who submitted the DMCA takedown Notice resides or chosen by the claimant and the jurisdiction of courts in Victoria, Australia (where Envato is Based).” “I will accept service of process from the claimant who submitted the DMCA takedown notice, or an agent of that person.” |
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YOU AGREE THIS STATEMENT IS MADE BY YOU: |
By submitting this DMCA Counter Notice to us you agree have made this statement: "I swear under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled." |
|
EXPLANATION |
[Provide an explanation for why you are submitting a Counter Notice] |
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SIGNED BY YOU By law, you need to sign and date your notice. If you send us the information via Envato Author Help please note that by entering your full name you are providing us with your digital signature which is legally binding. If you want to sign a physical document you'll need to scan the document and attach it to the help ticket. |
[You must sign this notice by either writing your full name here or adding your electronic signature] |
General IPR Notice Template
|
REQUIRED INFORMATION |
TO BE COMPLETED BY YOU |
|---|---|
|
DATE |
[insert date of signature of this notice] |
|
YOUR FULL LEGAL NAME |
[insert your full legal name, not a company name] |
|
YOUR EMAIL ADDRESS |
[insert the email address you are sending this notice from] |
|
YOUR STREET ADDRESS |
[insert your street address] |
|
YOUR PHONE NUMBER |
[insert your phone number] |
|
AUTHOR USERNAME WHOSE CONTENT YOU CLAIM IS INFRINGING YOUR INTELLECTUAL PROPERTY RIGHTS |
[insert the username of Author whose content you claim is infringing your IPR] |
|
IPR OWNER OR AUTHORISED AGENT |
Choose one of the statements below: [I confirm I am the IPR owner of the ALLEGED INFRINGED CONTENT] OR [I am the Authorised Agent of the IPR owner of the ALLEGED INFRINGED CONTENT]
|
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ALLEGED INFRINGED CONTENT This means your IPR which you claim has been infringed |
[Explain:
|
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ALLEGEDLY INFRINGING CONTENT IN THE AUTHORS ITEM AND URLS TO BE REMOVED This means the content in the Author’s item on our sites which you claim is infringing your copyright |
[Add:
|
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SIGNED BY YOU By law, you need to sign and date your notice. If you send us the information via Envato Author Support please note that by entering your full name you are providing us with your digital signature which is legally binding. If you want to sign a physical document you'll need to scan the document and attach it to the help ticket. |
[You must sign this notice by either writing your full name here or adding your electronic signature] |