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 be taken down and remain taken down.
Or, you can choose to respond to a DMCA takedown notice by sending us a DMCA counter-notification in the format below. We’ve set out an example template you can use, see DMCA COUNTER NOTIFICATION TEMPLATE.
- Tells us about 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).
- Makes 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”.
- Includes your full name and contact details, including your address, phone number, and email address.
- If you are a US resident, includes 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, includes 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. Includes 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. 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'll send a copy of the DMCA counter-notification to the person who sent the DMCA takedown notice (claimant). Unless the claimant sends us a notice that court proceedings have been filed against you, we may reinstate the content within 14 business days from when we received the counter-notification.
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.