The creative marketplace of Etsy is a bustling hub of originality, where artisans, designers, and makers turn their passion into profit. However, this visibility also makes it a prime target for intellectual property theft. In 2021 alone, Etsy removed over 346,000 listings for counterfeiting violations, a staggering increase from previous years. Discovering that your unique photograph, hand-drawn design, or original written content is being sold by someone else without your permission can be disheartening and financially damaging.

Fortunately, the Digital Millennium Copyright Act (DMCA) provides a powerful shield for creators like you. This comprehensive guide will walk you through every aspect of the Etsy DMCA mechanism, from filing a precise takedown notice to responding to a counter-notice, empowering you to defend your rights and maintain the integrity of your work. And when the process feels overwhelming, remember that Pellonia is here to help you enforce your intellectual property rights swiftly and effectively.

Table of Contents

• What is the DMCA and How Does it Protect You on Etsy?
• When to File a DMCA Takedown Notice on Etsy
• DMCA Notice Requirements: The Exact Info You Need
• A Step-by-Step Guide to Filing an Etsy DMCA Takedown
• What Happens After You File? (The DMCA Counter-Notice Explained)
• DMCA Counter-Notice Requirements
• Case Study: How Pellonia Protected Kenhub's Educational Content
• 5 Critical Things to Know Before Filing a DMCA Notice
• Frequently Asked Questions (FAQ)

What is the DMCA and How Does It Protect You on Etsy?

The Digital Millennium Copyright Act (DMCA) is a crucial U.S. copyright law that balances the interests of copyright owners with the operations of online service providers like Etsy. Its “safe harbor” provision protects Etsy from being sued for its users’ infringing activities, provided they act quickly to remove infringing material when properly notified.

This is where you come in. When you file a DMCA takedown notice, you are formally notifying Etsy of the infringement. By law, Etsy must act “expeditiously” to remove or disable access to the material you’ve identified. This system empowers individual creators to enforce their rights without needing to immediately resort to expensive federal litigation.

When to File a DMCA Takedown Notice on Etsy

You are eligible to file a DMCA takedown notice if someone has copied and sold one of your original works on Etsy without your authorization. This includes:

• Your Original Photography: Any photo you have taken yourself.
• Visual Art & Designs: Digital art, illustrations, paintings, vector graphics, and patterns.
• Written Content: Original text from your listings, blog posts, books, or poetry.
• Craft Designs: Your unique patterns for knitting, crocheting, or woodworking.
• Educational Materials: Worksheets, printables, and lesson plans you’ve created.

Crucially, you do not need a formal copyright registration to file a takedown notice. Proving you are the original creator and owner of the work is often sufficient for Etsy to process your request.

DMCA Notice Requirements: The Exact Info You Need

To ensure your claim is processed efficiently, your DMCA notice must be precise. While using the Etsy Reporting Portal is the preferred method, you can also email the required information to legal@etsy.com. If you choose to email, your notice must include all of the following elements:

• Your Signature: A physical or electronic signature of the person authorized to act on behalf of the copyright owner. Typing your full legal name serves as an electronic signature.
• Identify the Original Work: A clear and sufficiently detailed identification of the original copyrighted work that you believe has been infringed upon.
• Identify the Infringing Material: Specific information to help Etsy locate the material on their platform. This means you must provide the direct Etsy listing URL(s) for each and every item you are reporting.
• Your Contact Information: Your full name, address, telephone number, and email address.
• Statement of Good Faith: A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• Statement of Accuracy: A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Important Warning: If you knowingly misrepresent that material or activity is infringing, you may be held liable for damages, including costs and attorneys’ fees. If you are unsure about the nature of the infringement, it is always best to consult with an attorney first.

A Step-by-Step Guide to Filing an Etsy DMCA Takedown

Filing a DMCA notice on Etsy is a straightforward process, but accuracy is key. Here’s how to do it:

1. Access the Reporting Portal: Navigate to the Etsy Reporting Portal and sign in to your Etsy account. This is the most efficient method for Etsy to process your claim.

2. Identify the IP Owner: Specify whether you are the intellectual property owner or an authorized representative.

3. Provide Your Contact Information: Fill in your full legal name, address, phone number, and email address.

4. Identify the Type of IP: Select “Copyright” as the type of infringement.

5. Detail the Infringement: This is the most important step. You must clearly identify the original copyrighted work you own and provide the specific URL(s) of the allegedly infringing Etsy listing(s).

6. Include the Required Statements: You will need to confirm the statements of good faith and accuracy, acknowledging the penalty of perjury, as outlined in the requirements above.

Once submitted, Etsy’s legal team will investigate. If your claim is valid, the infringing listing will be removed, and you will receive a confirmation.

What Happens After You File? (The DMCA Counter-Notice Explained)

After a listing is removed, the seller who listed it has the right to dispute your claim by filing a DMCA counter-notice. They may do this if they believe your takedown was a result of a mistake or misidentification (e.g., they believe their work is original or they have a license to use it).

A counter-notice is a formal legal statement from the seller. This notice will be shared with you, the original complainant.

What happens next?

Once Etsy processes the counter-notice, you have a window of 10 business days. If you intend to pursue legal action to prevent the seller from continuing their alleged infringement, you must obtain a court order. If you do not, Etsy may reinstate the removed listings.

It’s important to note that submitting a false counter-notice can have serious legal consequences, including perjury charges. This is why having expert guidance is invaluable.

DMCA Counter-Notice Requirements

If you are an Etsy seller who has received a DMCA takedown notice and believe it was an error, you can file a counter-notice. Etsy provides a unique URL in their takedown email for this purpose. If you cannot use that form, you may email a counter-notice to legal@etsy.com that includes all of the following:

• Your Signature: A physical or electronic signature (typing your full name).
• Identify the Removed Material: Identification of the material that has been removed or to which access has been disabled, including the Etsy listing URL(s) for each item before it was removed.
• Statement of Good Faith Belief: A statement, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
• Your Contact Information: Your name, address, telephone number, and email address.
• Consent to Jurisdiction: A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located (or, if you are outside the U.S., for any judicial district where Etsy is located), and that you will accept service of process from the person who provided the original takedown notice or their agent.

Important Warning: If you misrepresent that material is not infringing, you may be liable for damages, including costs and attorneys’ fees. Fraudulent or abusive counter-notices can lead to account termination or other legal consequences.

Case Study: How Pellonia Protected Kenhub's Educational Content

To illustrate the power of the DMCA in action, let’s look at a real-world example from one of our clients, Kenhub.

Kenhub is a leading provider of medical education content, known for its high-quality human anatomy worksheets, articles, and videos. Their original materials are a vital resource for students worldwide.

However, Kenhub discovered that a seller on Etsy was illegally selling digital copies of their premium anatomy worksheets. This unauthorized sale not only undercut Kenhub’s business but also risked distributing potentially outdated or inaccurate versions of their educational materials. Kenhub partnered with us to enforce their intellectual property rights. Our team swiftly:

• Identified the infringing listings using advanced monitoring tools.
• Drafted and filed a comprehensive DMCA takedown notice with Etsy, providing clear evidence of Kenhub’s ownership and the nature of the infringement.
• Managed the process until its conclusion.

Before Takedown

The infringing listing was live on Etsy, illegally selling Kenhub’s copyrighted anatomy worksheets to unsuspecting buyers.

After Takedown

Following our DMCA submission, the infringing listing was removed from Etsy. Where there was once a page selling stolen content, a potential buyer now sees the clear message: “This item is unavailable.”

Kenhub’s valuable IP was successfully protected, and their revenue stream was secured.

5 Critical Things to Know Before Filing a DMCA Notice

Before you hit “submit” on your DMCA takedown, keep these five crucial points in mind:

1. Accuracy is Everything: You are swearing, under penalty of perjury, that you own the rights to the work and that the use is unauthorized. Knowingly misrepresenting a claim can make you liable for damages, including legal fees.

2. Be Specific: A vague complaint will be rejected. You must provide the exact URLs of the infringing listings. “Someone is stealing my style” is not a valid copyright claim.

3. It’s for Copyright Only: The DMCA process is specifically for copyright infringement. It is not the right tool for issues like trademark counterfeiting (fake luxury goods) or patent violations, which have their own reporting procedures.

4. The Counter-Notice is a Real Possibility: Be prepared for the seller to fight back with a counter-notice. Have a plan for the 10-business-day window, which may involve consulting with an attorney.

5. A Lawsuit Isn’t Always Necessary: The DMCA process is designed to be an efficient, out-of-court solution. For many creators, a successful takedown is the end of the matter.

Frequently Asked Questions (FAQ)

Q: How long does it take for Etsy to process a DMCA takedown?

A: You’ll often receive an automated response from Etsy within minutes. The full investigation and removal can take a few days, depending on the complexity of the case and Etsy’s current workload.

Q: What if the infringing seller is located in another country?

A: The DMCA is a U.S. law, but it applies to U.S.-based platforms like Etsy. As long as the marketplace is subject to U.S. jurisdiction, you can file a takedown notice regardless of where the seller is located.

Q: Can I file a DMCA notice if I don’t have my work officially copyrighted?

A: Yes. Copyright protection is automatic from the moment you create an original work and fix it in a tangible medium (like saving a digital file). Etsy accepts this for the purposes of a DMCA notice.

Q: What is Etsy’s official address for DMCA-related mail?

A: Etsy’s designated agent can be reached at:

Etsy, Inc.
Attn: Legal Department
117 Adams Street
Brooklyn, NY 11201
USA

Q: What happens to a seller who gets multiple copyright strikes?

A: Etsy has a “repeat infringer” policy. If a seller accumulates multiple valid copyright infringement complaints, their account can be permanently disabled. Attempts to create a new account to bypass this ban are often unsuccessful.

Protecting your intellectual property on a bustling platform like Etsy is no longer optional, it’s essential for your business’s survival. Understanding the DMCA mechanism, from filing a precise takedown notice to navigating the complexities of a counter-notice, is your best defense against content thieves.

However, the process can be time-consuming, legally nuanced, and emotionally draining. Between creating your art and running your business, do you have the time to constantly monitor for infringements and manage the takedown process?

At Pellonia, we do.

We are your dedicated partner in intellectual property enforcement. We leverage cutting-edge technology and deep legal expertise to:

• Monitor thousands of online marketplaces for unauthorized uses of your work.
• Enforce your rights by sending targeted, legally sound DMCA takedown notices.
• Manage the entire process from start to finish, ensuring your content is removed quickly and effectively.

Don’t let others profit from your hard work. Let us handle the fight so you can get back to creating.

Contact Pellonia today for a consultation and take the first step toward comprehensive IP protection.