Our approach to DMCA take down notices and the process followed is outlined in our Envato Elements Intellectual Property Policy. This article runs through some frequently asked questions about DMCA take down notices. You can find answers you might have in relation to submitting a DMCA take down notice in relation to an Author’s item and what to do as an Author when receiving a DMCA take down notice. If you need further assistance please contact the Envato Author Support.
I think there may be an infringement of my copyright. What should I do?
You should consider submitting a DMCA take down notice. Remember that there are potentially serious consequences to filing DMCA take down 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.
Why do I need to send a DMCA take down notice?
Only a relevant judicial authority can rule definitively about whether an Author’s item infringes copyright. Envato Elements is not able to do so, no matter what our personal opinions may be. Our role is as the service provider of Envato Elements. Upon receipt of a valid DMCA take down notice, Envato Elements will promptly remove the Author’s item from Envato Elements.
Why does the Author receive a copy of the notice?
A DMCA take down notice is in relation to an Author’s item, so we pass on a copy of the notice to the Author, so that the Author is notified that the DMCA process is triggered. On receipt of the DMCA take down notice the Author may wish to resolve the matter with the complainant or take further steps such as submitting a counter-notification
What if the DMCA take down notice relates to a component of an item?
If the DMCA take down 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 the modified item is no longer the subject of the DMCA take down notice).
There are potentially serious consequences to filing DMCA take down 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 Elements has the option to send a counter notification or “put back” notice.
If we receive a valid counter notification, we will send a copy to the person who submitted the original DMCA take down notice (claimant), 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 may 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, Authors would not need to send a counter notification. For more information on this please contact the Envato Elements Help team.
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 contributing to Envato Elements who do not respect intellectual property rights.