DMCA Notice Requirements
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The following are requirements for submitting Digital Millennium Copyright Act (DMCA) notices of infringement and DMCA counter notices to XEtsy.
- Notice Requirements
To report infringement to XEtsy’s designated agent, please use our reporting form. If you are not able to use the reporting form, you may send a notice of infringement via email [email protected] which must include all of the following information:
- A signature of a person authorized to act on behalf of the intellectual property owner whose right has been allegedly infringed upon. Signatures may be provided electronically by typing your name
- Identification in sufficient detail of the work allegedly infringed upon
- Identification of the allegedly infringing material on XEtsy including the specific location of the material so that XEtsy can find it. For listings, please provide the XEtsy listing URL to each item you allege is infringing
- The name of the intellectual property owner and contact information for the notifier, including name, address, telephone number, and email address
- A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property owner, its agent, or the law
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifier is authorized to make the complaint on behalf of the copyright owner.
If you misrepresent that material is infringing, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether the material is infringing, please contact an attorney before submitting a notice to XEtsy. Fraudulent or abusive notices or other misuse of XEtsy’s Intellectual Property Policy may result in account termination or other legal consequences.
- Counter Notice Requirements
To submit a copyright counter notification to XEtsy’s designated agent, please click the unique URL in the email XEtsy sent informing you of the copyright infringement notice and takedown. If you are not able to use the countering form, please see the requirements below.
If you have a good faith belief that material removed or disabled as a result of a notification of copyright infringement to XEtsy involved a misidentification or mistake, you may send a counter notice via email to xEtsy.firstname.lastname@example.org . A counter notice must include all of the following information:
- Your signature, which may be provided electronically by typing your name
- Identification of the material that has been removed or to which access has been disabled. For listings, please provide the XEtsy listing URL to each item before it was removed or disabled
- 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 of the material
- Your name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which you are located, or if your address is located outside the United States, for any judicial district in which XEtsy is located, and that you will accept service of process from the person who provided the original notification or an agent of such person
If you misrepresent that material is not infringing, you may be liable for damages (including costs and attorneys’ fees). If you are not sure whether or not the material is infringing, please contact an attorney before submitting a counter notice XEtsy. Fraudulent or abusive counter notices or other misuse of XEtsy’s Intellectual Property Policy may result in account termination or other legal consequences.
- XEtsy’s Designated Agent to Receive Notifications
Attn: Legal Department
117 Kingsland AVE
Brooklyn, NY 11222
Last updated on February 23, 2019