Last updated on: June 8, 2022

OpenSea is one of the world’s first and largest NFT marketplace. It is a decentralized, peer-to-peer exchange where users can purchase and sell Non-fungible tokens (NFTs).

Founded in 2017, OpenSea hosts over 80 million NFTs from 2 million-plus NFT collections and has over 1.5 million active users, according to Dune Analytics. 

Despite its popularity (or because of it), OpenSea has been targeted by bad actors. According to a recent report, over 80% of NFTs minted on OpenSea’s Marketplace are either plagiarized or fake. This guide will teach you all you need to know about how to report fake or stolen NFTs on OpenSea.

In this article, we discuss:

• Are there fake NFTs on OpenSea?
• How to report fake NFTs on OpenSea
• How to report stolen NFTS on OpenSea

Are there fake NFTs on OpenSea?

The OpenSea Marketplace hosts over 80 million NFTs, and the number is growing every day. Unfortunately, according to OpenSea, a significant majority of these NFTs are fake or stolen.

As a result of the decentralized nature of the platform, users can anonymously mint and sell NFTs for free on OpenSea. Scammers and unscrupulous individuals take advantage of this to mint fake or stolen artworks and pass them off as theirs.

OpenSea takes counterfeiting very seriously and has begun implementing measures to prevent copyright infringement in an effort to retain its legitimacy as an online marketplace.

However, according to its Terms of Service, OpenSea 

“is not a party to any agreement between any users….. We make no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on the Service.”

This means that verifying the legitimacy, authenticity, and legality of any NFT purchased from third-party sellers is ultimately the buyer’s responsibility and no liability falls on OpenSea. This can significantly impact businesses that rely on NFTs as a source of revenue losing potential customers to counterfeiters. In fact, despite the purportedly legitimate protection offered by block-chain technology, many NFT owners are still reporting incidents of piracy, hacking, or mass counterfeiting on platforms like OpenSea.

How to report a fake NFT on OpenSea

Reporting Fake NFTs on OpenSea is a simple process. Here is a step by step guide on how to do it.

1. Click on the Fake NFT collection you would like to report.
2. Click the three-dot menu on the right side of the collection page and choose “Report.”
3. You’ll see a dropdown menu in a pop-up window where you can choose why you’re reporting the content.
4. Select “fake collection or possible scam.”
5. You must choose the original collection before you can click “Report.”
6. When you are done, click on Submit. 

How to report a stolen NFT on OpenSea

If your artwork is being counterfeited as an NFT on OpenSea, here is how you can report it for takedown:

1. Go to the ‘OpenSea IP Takedown Request Form‘ page.

   

2. If you are the owner of the artwork, select “I am the rights owner.” If you are a legal representative of the owner, select “I am reporting on behalf of my organization or client” because Takedown Request Forms are enforced due to DMCA acts. Only the rights owner or someone properly authorized to act on the owner’s behalf can submit a takedown form.

   

3. Enter your contact information, including your full name, email address, Twitter profile, and Discord username (optional).

   

4. If you are a legal representative, you must enter the name of the rights owner as well.

   

5. You will be prompted to provide multiple publicly-accessible links to your copyright work or describe the rights violation.

   

6. Next, you will be asked to provide an Opensea link leading directly to the specific content you are reporting and your reason for reporting this content. You will also be asked to include any additional information you wish to include.

   

7. Finally, you must sign this takedown request form with an electronic signature bearing your full legal name (no pseudonyms).

   

8. When you are done, click on Submit. OpenSea will then review your request for authenticity and completeness.

Based on our recent webinar on NFT infringement, it is advised that you follow up this takedown notice with an email to OpenSea to confirm they did indeed receive your takedown request and are planning to take down the NFT.

Here is how to do so :

• Send an email to “copyright@opensea.io”.
• Put “Stolen NFT” in the subject line of your email.
• The body of the message should include the token ID, URL, and collection of the counterfeit NFT. 
• Contact information such as your email or address. 
• Sufficient identification of proof of ownership of the NFT artwork must be present in the message.
• Include as much information as possible about the illegal means by which the NFT was obtained.
• An electronic signature (bearing your full name, no pseudonyms) should be attached to the body of the message.

You can also mail this message to their physical address :

Ozone Networks, Inc.

Attn: Legal Department

228 Park Ave South # 22014

New York, NY 10003

What happens after I send a takedown request notice?

As per the DMCA guidelines, the user hosting the counterfeit NFT on OpenSea can send a counter-notice in which they say that they believe in good faith that the content was removed because of a mistake or a misidentification. 

If the user who was affected files a counter-notice, OpenSea will notify you of the counter-claim.

If you receive such a counter-notice, the next action is to file a legal complaint. As per the DMCA specifications, you have ten working days to take legal action and send proof of filing to OpenSea. If nothing is done, the content will be relisted on OpenSea.

Can my NFTs be sold without my consent on OpenSea?

Selling NFTs without the owner’s consent is illegal. However, due to the decentralized nature of OpenSea, scammers can plagiarize, mint, and sell your NFT artwork without your consent on OpenSea.

How can I take down a stolen NFT on OpenSea?

 Suppose your artwork is being counterfeited as an NFT on OpenSea. In that case, you can take it down by sending a DMCA takedown request form to OpenSea.

How can I protect my NFT from being stolen or plagiarized?

Vigilance is key to preventing NFT infringement. You can protect your brand from unauthorized or fraudulent NFT abuse with Red Points’ new NFT protection software.

What’s Next?

Due to the widespread nature and ease of plagiarism in the NFT industry, protecting your NFT from theft or counterfeiting requires constant vigilance. See how you can protect your brand from unauthorized or fraudulent NFT abuse with Red Points’ new NFT protection software.