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What should I know about DMCA counter notices?

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 an attorney for specific questions. This page may be updated periodically.

The Digital Millennium Copyright Act (“DMCA”) provides a method to dispute a DMCA notice of copyright infringement. This method is called a counter notice. The DMCA sets forth that a service provider (such as Etsy) replaces removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of a counter notice, unless its designated agent first receives notice from the person who submitted a notification under subsection (c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network.

If Etsy removes material from your shop based upon a DMCA notice of copyright infringement, and you feel the removal is the result of a misidentification or an error, you may consider submitting a DMCA counter notice. Please note that filing a counter notice is a serious matter that can have legal and financial implications. Be sure you have a good faith belief that the removal was the result of a misidentification or an error, and if you have questions, consider seeking advice and insight from an expert, such as an attorney.

Etsy's Intellectual Property Policy outlines the information required by the DMCA in order to submit a valid counter notice.

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