Can I just relist the item with a new title?

No. Etsy tracks listing content, and relisting the same design under a different title usually leads to account-level action. Remove the item and leave it removed unless the notice is withdrawn or your counter-notice succeeds.

Should I file a counter-notice?

Only if you honestly believe the takedown was a mistake and you can show why: you made the work, you hold a license, or the work is in the public domain. A counter-notice is a legal statement under penalty of perjury. If you are unsure, talk to an attorney first.

What happens after I file a counter-notice?

Etsy passes your counter notice to the person who filed the complaint. Etsy says the material may be reactivated if the complainant does not tell Etsy of a court action within 10 business days of Etsy receiving your counter notice. Reactivating it earlier may result in account termination. US law (17 U.S.C. 512(g)) says the platform restores the material not less than 10 and not more than 14 business days after it receives the counter notice, unless it first learns of a court action. Etsy accepts counter notices for copyright takedowns only, and its Intellectual Property Policy says US-based copyright reports.

Is the DMCA the only way to lose a listing over copyright?

No. Etsy can also remove listings for trademark, counterfeit, and right-of-publicity complaints, and for its own Handmade standards. Read the email to see which policy it names.

Policy Library

Got a DMCA notice on Etsy? What it means and what to do

A takedown email about one of your listings is stressful. You have three clear options, and one of them carries legal risk. This guide explains each, so you pick the right one for your shop.

This guide is general information, not legal advice.

If a notice involves real money or you are unsure of your rights, talk to an attorney.

What a DMCA takedown is

DMCA stands for the Digital Millennium Copyright Act, a United States law. A DMCA takedown is a formal complaint from a person or company who says your listing uses their copyrighted work without permission. It might be a photo, an illustration, a pattern, a font, or a character.

The complaint is a claim, not a verdict. No judge has decided anything. But the law gives platforms like Etsy a strong reason to act on a valid complaint quickly, so the listing often comes down first and questions come later.

What Etsy does when it gets one

Etsy says it responds to reports of intellectual property infringement that follow its policies by removing or disabling access to the material. In practice, that means Etsy takes down the listing and emails you. The email usually names the listing and the person who complained.

Etsy does not weigh who is right at this stage. Your listing comes down, and the next move is yours. Etsy’s rule on copyright puts the burden on you: sellers are responsible for making sure they have all the rights they need to the content they post.

What the email means for your shop

One removed listing is not a shop suspension. But every notice is recorded. Etsy’s repeat infringer rule says Etsy ends the selling privileges of members who receive repeat or multiple notices, in appropriate circumstances and at its discretion.

Etsy does not publish a number of strikes that triggers termination, so do not count on a safe limit. Treat the first notice as the moment to check the rest of your shop. If the same design or the same kind of material appears in other listings, those listings are at risk too.

If your shop does get suspended over repeated notices, you can still appeal. Our guides on a suspended account and the plan of action template show how.

Before you decide, gather the facts

Do not pick an option while you are upset. First, answer four questions in writing:

Who is the complainant, and which work do they say you copied?
Did you create that part of the listing yourself, or did it come from a file, pack, or supplier?
Do you hold a license, and does it cover selling a finished product?
Which other listings use the same design, font, or image?

Your answers point to the right option. If the answer to the second question is “a file I bought,” the complaint may be correct even if you did not mean any harm. If the answer is “I drew it from scratch,” you may have a real dispute, and your sketches and dated source files become your proof.

Your three options

1. Accept it and remove the listing

This is the simplest path and the right one if the complaint is correct. Leave the listing down. Do not relist the item with a new title or new photos. Etsy tracks content, and repeat listings escalate the problem. Then audit your other listings for the same material.

2. Contact the rights holder

The notice names the person or company that complained. You can write to them politely. Ask what they object to, or ask for a license. Some rights holders will sell you one. Some will withdraw the complaint if you explain the situation. Some will not answer. Etsy says a withdrawal does not guarantee a change to your shop status, so keep the listing down until Etsy tells you otherwise.

3. File a counter-notice

A counter-notice tells Etsy you believe the takedown was a mistake or a misidentification. You send it with the unique link in Etsy’s email about the takedown, and its counter-notice policy covers the details. Etsy then passes it to the complainant. If the complainant does not tell Etsy of a court action within 10 business days of Etsy receiving your counter notice, the material may be reactivated. Do not reactivate it earlier, because Etsy says that may result in account termination.

A counter-notice includes your name, address, phone, and email, and your agreement to a court’s jurisdiction. That information goes to the person who complained.

When a counter-notice is a bad idea

Be honest with yourself here. A counter-notice is a legal statement made under penalty of perjury. Etsy’s counter-notice page warns that under the DMCA, if you misrepresent that your material was disabled by mistake or misidentification, you may be liable for damages, including costs and lawyers’ fees. The complainant can also respond by suing you.

Skip the counter-notice if any of these is true:

You used someone else’s work and hoped it would pass.
You are not sure the work is yours or licensed to you.
Your design is “inspired by” a character or franchise.
You bought the file from a seller who gave you no commercial license.
You cannot afford a lawsuit.

A counter-notice makes sense when you made the work yourself, you hold a written license, or the work is in the public domain. Even then, keep your proof ready: sketches, source files, dated drafts, or the license itself. If you are unsure, ask an attorney before you sign.

Need the paperwork drafted?

If you decide a counter-notice is right, we write it with the required legal wording in place. If your shop was suspended, we write your appeal.

Start in the appeal builder

How to prevent the next one

Get the license in writing

If you sell anything built on someone else’s work, you need their written permission for commercial use. Keep the license where you can find it. A personal-use license does not cover selling.

Treat fan art as a risk

Drawing a well-known character is not safe because you drew it yourself. Etsy’s fan art rule and its trademark rule both apply. Naming a brand or character in a title or tag, even as “inspired by,” still uses the name. Describe your design with colors, style, and theme instead. Real people count too: see the rule on names and likenesses, and the rule on counterfeit goods.

Check fonts and clip art in digital downloads

Digital downloads are a common source of notices. Fonts, clip art, mockups, and graphics each have their own license. Many are free for personal use only. Before you put one in a product you sell, confirm the license allows commercial resale of a finished product. Then confirm it allows the way you plan to deliver it, since some licenses forbid handing over the file itself.

Audit on a schedule

Once a quarter, open every listing and check the images, titles, and tags. Keep a folder with a license or source file for each design. Browse the full set of intellectual property rules in the Policy Library.

Common questions

Does one DMCA notice get my shop closed?: Not by itself in most cases. Etsy says it ends selling privileges for members who receive repeat or multiple notices, in appropriate circumstances and at its discretion. Etsy does not publish a fixed number of notices, so treat every notice as a warning.
Can I just relist the item with a new title?: No. Etsy tracks listing content, and relisting the same design under a different title usually leads to account-level action. Remove the item and leave it removed unless the notice is withdrawn or your counter-notice succeeds.
Should I file a counter-notice?: Only if you honestly believe the takedown was a mistake and you can show why: you made the work, you hold a license, or the work is in the public domain. A counter-notice is a legal statement under penalty of perjury. If you are unsure, talk to an attorney first.
What happens after I file a counter-notice?: Etsy passes your counter notice to the person who filed the complaint. Etsy says the material may be reactivated if the complainant does not tell Etsy of a court action within 10 business days of Etsy receiving your counter notice. Reactivating it earlier may result in account termination. US law (17 U.S.C. 512(g)) says the platform restores the material not less than 10 and not more than 14 business days after it receives the counter notice, unless it first learns of a court action. Etsy accepts counter notices for copyright takedowns only, and its Intellectual Property Policy says US-based copyright reports.
Is the DMCA the only way to lose a listing over copyright?: No. Etsy can also remove listings for trademark, counterfeit, and right-of-publicity complaints, and for its own Handmade standards. Read the email to see which policy it names.