Etsy is a global marketplace where individuals sell and purchase handmade products, vintage items, and craft supplies. In the month of august 2022 alone, Etsy reportedly had an estimated 245 million visitors on their website.
The uprising trend of ecommerce, specifically after the COVID-19 pandemic, creates more significant issues. In the past years, Etsy copyright infringement claims have been escalating.
If you encounter an entity or an individual infringing Intellectual Property (IP) that belongs to you on Etsy, there are measures you can implement to take the content/product off the website.
In this blog, learn about
- What a DMCA takedown is
- Step-to-step guide on how to file a DMCA takedown notice on Etsy
- How to prevent copyright infringements on Etsy
- And more.
What is a DMCA takedown notice?
Digital Millennium Copyright Act (DMCA) protects Intellectual Property owners, service providers, and content hosts from third-party infringement of their IP. Through a DMCA notice, the owner of the IP can request that the content is removed from a website or internet platform.
For example, James is a freelance digital artist who owns a virtual art piece called ‘Magic Lady.’ James discovers that another artist is using his art to promote his personal brand. In this case, he can send a DMCA takedown notice and rightfully remove the content from the third-party website.
It is important to note that it is not always mandatory to prove that the content is copyrighted or trademarked in order to file a DMCA takedown on Etsy. Proving that you are the owner can be reason enough to process a takedown notice.
What type of infringements requires a DMCA takedown on Etsy?
If someone copied/stole any of these unique items, you are eligible to file a DMCA takedown on Etsy.
- Photographs taken by you
- Visual designs/portraits
- Custom built sculptures
- Customer paintings
- Original written content (books and novels)
- Duplication of the text in your listing
- Poetry
- Tailor-made crafts
For example, you made a custom visual design and uploaded it to your website. After a few months, you see a t-shirt with a block print on it of the same design being sold on Etsy. In this case, you may report it to Etsy.
Please note that his list is not exhaustive. Other instances of copyright violations on Etsy are possible.
What are the requirements to file an Etsy DMCA takedown notice?
If you have decided to file for an Etsy DMCA takedown, the following should be attached.
- A signature of the owner of IP that was allegedly infringed or of a person authorized to act on behalf of the owner. Electronic signatures are accepted.
- Identification of the alleged copied work with precise detail on how they infringe on your IP.
- Include specific URLs to all the listings you recognize as potentially infringing your content/product for Etsy to track.
- A statement of confidence that the notifier reasonably believes that the original IP owner has not authorized the party infringing.
- Full details of the IP owner, including name, email address, contact info, and address.
- A declaration that all the information provided in the takedown notice is accurate and in good faith. In case the notifier is caught misrepresenting, you may be held liable to pay damages (including costs and lawyers’ fees).
How to file a DMCA takedown notice on Etsy?
Once you have solid evidence that a third party infringes on your IP, you can file a DMCA takedown notice on Etsy by following these steps. Alternatively, you may reach out to the legal team directly with your infringement claim via email at legal@etsy.com.
Note- Before initiating a takedown, it is advised to go through Etsy’s Intellectual Privacy Policy.
1. Go to Etsy Reporting Portal and sign in to your account.
2. Identify the owner of the intellectual property you’re reporting on.
3. Fill in your company profile and contact information.
4. Identify the type of IP.
5. Lastly, fill in all the details regarding the IP.
Once you submit a DMCA takedown request, the legal team at Etsy starts their internal investigation. If a listing is removed, the notifier is informed.
A DMCA takedown notice on Etsy or file a lawsuit?
If you find out that a third party is using your content/ IP on Etsy, specific courses of action could be taken to ensure the stolen content is removed.
Typically, you do not need to involve a federal court system or an international IP tribunal if someone is stealing your work on Etsy. The website has an effective internal system that handles IP claims; the process is straightforward, free, and does not require you to hire a lawyer.
However, if you find out the third party is repeatedly stealing your work and profiting from it, a cease and desist letter can be sent directly to the infringing party.
Lastly, a demand letter can be sent to the party, letting them know that you or your company have noticed them infringing on your property and hint at solving the dispute out of court.
What is an Etsy DMCA counter notice?
After you file for a DMCA takedown notice on Etsy, the alleged party has the option to file a counter notice if they believe the DMCA Etsy takedown request was a mistake or misidentification.
Similar to an Etsy DMCA takedown notice, if a person misrepresents a counter notice, they may be liable for damages. Moreover, they may face criminal charges. Under DMCA, perjuring or altering content management information is a crime.
If an Etsy user has multiple reports of IP infringement, their account can be permanently disabled. If they discover you are making one, attempts to open a new account can be unsuccessful.
What can you do to prevent copyright infringements on Etsy?
Here are some tips on how to prevent copyright infringement on Etsy.
- File trademarks, patents and copyrights to protect all your unique inventions/products. Even though an Etsy store owner doesn’t need to have IP ownership to initiate DMCA takedown, having rights makes the process smoother and straightforward and eliminates a possibility of a counterclaim.
- Constantly monitor the web for any potential infringements of your brand. Monitoring 1000s of products on multiple marketplaces is a time consuming, ineffective, and a cost heavy process. Red Points Brand Protection Software protects your business from piracy and counterfeiting across multiple marketplaces.
What’s next
IP infringement, including counterfeit production, is an uprising digital crime that causes brands and corporations to lose millions of dollars yearly in revenue.
According to Etsy, 346,408 listings from their marketplace in 2021 alone were removed for counterfeiting violations, a 3,148 percent increase from the year 2020.
Is your business recurrently facing infringement of IP on Etsy, which is hard to handle and costs you hundreds of thousands of dollars in attorney fees? Detect, validate and remove infringing listings in 5000+ marketplaces.
Red Points’ proprietary software identifies potential infringements across thousands of marketplaces, including Etsy, through crawling and automates the process of IP enforcement.
