Listing deactivationIP-DMCA-CN · Intellectual Property Policy

DMCA counter-notice: seller asserts good-faith belief that takedown was mistake or misidentification

What this rule means

If Etsy removes your listing after a rights holder reports it for copyright, you may be able to send a counter notice. The Digital Millennium Copyright Act (DMCA) is the law behind these takedown notices. A counter notice is your formal statement that the listing was removed by mistake. It is a legal document, and you make it under penalty of perjury, so you send one only when you honestly believe the removal was wrong.

What Etsy says

Etsy accepts counter notices submitted in response to copyright takedowns only. Under the DMCA, if you misrepresent that your allegedly infringing material was disabled by mistake or misidentification, you may be liable for damages (including costs and lawyers' fees).

Read Etsy's full Intellectual Property Policy

Why Etsy has this rule

The takedown process gives rights holders a fast way to have infringing material removed. It also needs a way to correct mistakes. Some reports are wrong. A seller may own the work, hold a license, or sell something that was misidentified. The counter notice lets the seller say so in a form the law recognizes.

Etsy's counter notice page states the balance. Etsy accepts counter notices for copyright takedowns only. The page also warns that if you misrepresent that your allegedly infringing material was disabled by mistake or misidentification, you may be liable for damages, including costs and lawyers' fees. That warning is the reason to treat the step seriously.

Common mistakes

Sending a counter notice because you disagree with the report, when you have no real basis, such as ownership or a license.
Filing it without reading the original notice, so you answer a claim about a different work than the one named.
Believing a counter notice only asks Etsy to review again, when it is a legal statement made under penalty of perjury.
Ignoring that the rights holder may respond with a lawsuit, and filing without thinking through what that would involve.
Relying on a fair use argument that you have not had checked, since fair use is decided case by case and is not a guarantee.
Putting false or guessed details in the form, such as the wrong name or address, or claiming you made a design you only bought.
Not keeping proof, such as original files, sketches, receipts, or the license, before you submit.
Sending a counter notice for a report that is not a copyright takedown without checking what Etsy's notice allows.

Examples

AllowedYou drew the artwork yourself, you have the original files, and the report names your listing by mistake, so you file a counter notice.
AllowedYou hold a written commercial license that covers your product, and you attach it when you respond to the notice.
AllowedYou read the notice, find that it names a different item from the one you sell, and explain this accurately in your response.
AllowedYou are unsure whether your use is covered, so you talk to an intellectual property lawyer before deciding whether to file.
Not allowedYou file a counter notice for a fan-art print because you think the owner will not follow up.
Not allowedYou file one claiming you created a design that you bought from another seller.
Not allowedYou file one in order to restore a listing quickly, without checking that your claim is true.
Not allowedYou file a counter notice and then list the same item again in a new listing at the same time.

How to stay compliant

Read the original takedown notice Etsy sent you carefully — confirm the IP type claimed (copyright, trademark, etc.) and the complainant's identity.
Only file a counter-notice if you have a genuine legal basis: you created the material yourself, you hold a license, the material is in the public domain, or you have a strong fair-use argument reviewed by an attorney.
Use the Appeal Builder's DMCA counter-notice generator to produce a §512(g)-compliant document.
Submit it with the unique URL in the takedown email Etsy sent you. If you cannot use that form, Etsy's DMCA counter notice requirements list other ways to contact it.
After submission, Etsy forwards your counter-notice to the complainant. 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. Do not reactivate it yourself before then, because Etsy says that may result in account termination.

Effort: high · 1-3 hours to prepare; 10-14 business days for complainant response window

If your suspension email cites this rule

Start with the original notice. Read who made the report, which work or mark they claim, and which listing it names. Etsy's counter notice page says you submit one by clicking the unique URL in the email about the copyright takedown. Etsy accepts counter notices for copyright takedowns only, and its Intellectual Property Policy says US-based copyright reports. Decide first whether the claim is accurate. If your listing copies someone else's work, the right step is usually to leave it down and fix your shop, not to file.

If you believe the removal was a mistake, gather your proof before you write anything. Original files, dated sketches, receipts, and licenses all help. Remember what you are signing. A counter notice is a statement under penalty of perjury, Etsy passes it to the person who reported you, and that person may respond with a lawsuit. Etsy says the material may be reactivated if the rights holder does not tell it of a court action within 10 business days of Etsy receiving your counter notice. Do not reactivate it earlier, because Etsy says that may result in account termination. Weigh that risk with care, and think about speaking with a lawyer who handles intellectual property cases. This is general information, not legal advice.

Suspended over this rule?

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Common questions

What is a DMCA counter notice?

It is a formal, written statement you send when you believe a takedown notice was a mistake. You make it under penalty of perjury. Etsy passes it to the person who reported your listing.

Can I file a counter notice if I just disagree with the report?

No. Disagreement is not enough. You should file only if you honestly believe the material was removed in error, for example because you made the work or hold a license. A false statement can lead to liability for damages.

Can the rights holder sue me after I file?

Yes. The rights holder may respond with a lawsuit. This is a real risk, so think it through, and consider speaking with an intellectual property lawyer before you file.

Will Etsy restore my listing if I send a counter notice?

It may. Etsy's counter notice page says the material may be reactivated if the rights holder 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. Etsy's Intellectual Property Policy also mentions a qualifying Copyright Claims Board action. 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 does not promise a result, so do not count on one.

Is fair use a good reason to file?

It can be, but fair use is a legal defense decided on the facts of each case. It is not a blanket clearance. If your claim depends on fair use, a lawyer's view is worth getting before you sign.