Copyright and Intellectual Property Policy
Etsy, Inc. ("Etsy") has adopted the following general policy toward copyright
and intellectual property infringement in accordance with general U.S.
intellectual property laws and the Digital Millennium Copyright Act
(http://lcweb.loc.gov/copyright/legislation/dmca.pdf). Etsy will respond to
notices of this form from jurisdictions other than the U.S. as well. The
address of Etsy's Designated Agent to Receive Notification of Claimed
Infringement ("Designated Agent") is listed at the end of this policy.
Etsy may act expeditiously to respond to a proper notice by (1) removing or
disabling access to material claimed to be subject of infringing activity;
and (2) removing and discontinuing service to repeat offenders. If Etsy
removes or disables access in response to such a notice, Etsy will make a
good-faith attempt to contact the allegedly infringing party ("Member") so
that they may make a counter notification.
A. Procedure for Reporting Copyright or Intellectual Property Infringements:
If you materially misrepresent that a product or activity is infringing your
intellectual property, you may be liable for damages (including costs and
attorneys' fees). Therefore, if you are not sure whether the material
infringes upon your intellectual property, please contact an attorney
before contacting Etsy.
If you believe that material residing on or accessible through the Etsy web
site or service infringes a copyright or other intellectual property right,
to provide Etsy of notice of such infringement, you must send a written
notice of the infringement to the Designated Agent listed below. Please
specify the type of infringement at issue and the notice must include the
following information:
- A physical or electronic signature of a person authorized to act on behalf
of the owner of the copyright or intellectual property right that has been
allegedly infringed upon (by fax or regular mail – not by email, except by
prior agreement);
- Identification in sufficient detail of the material being infringed upon
(for an allegation of a patent infringement, please provide a patent number);
- Identification of the material that is claimed to be infringing upon the
intellectual property. Include information regarding the location of the
infringing material with sufficient detail so that Etsy is capable of
finding and verifying its existence (for listings, please provide item numbers);
- Contact information about the notifier including the name of the intellectual
property owner, the name and title of the person contacting Etsy on the
owner's behalf, the address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the material is
not authorized by the intellectual property or copyright owner, its agent,
or the law; and
- A statement made under penalty of perjury that the information provided is
accurate and the notifying party is authorized to make the complaint on
behalf of the intellectual property or copyright owner.
When removing material from the site, Etsy will make reasonable attempts to
inform the Member of the removal, the reason for the removal, and may
provide the Member with a copy of the notice and the notifying party’s
contact information.
B. Removal of Allegedly Infringing Material
Once Proper Bona Fide Infringement Notification is received by the Designated
Agent, Etsy may remove or disable access to the material infringing upon the
intellectual property. If Etsy removes or disables access to content in
response to an infringement notice, Etsy will make reasonable attempts to
notify the Member that Etsy has removed or disabled access to the material.
Repeat offenders will have all material removed from the system and Etsy
will terminate such Members’ access to the service.
C. Procedure to Supply a Copyright Counter-Notice to the Designated Agent:
If you materially misrepresent that a product or activity is not infringing
upon the intellectual property, you may be liable for damages (including
costs and attorneys’ fees). Therefore, if you are not sure whether or not
the material infringes on the intellectual property, please contact an
attorney before contacting Etsy.
If a Member believes that their material that was removed or to which access
was disabled is not infringing upon a copyright, you must send a
counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium
Copyright Act. Please do not re-list or reactivate the material yourself.
The counter-notice must contain the following information to the Designated
Agent listed below.
- Your physical or electronic signature (by fax or regular mail – not by
email, except by prior agreement);
- Identification of the material that has been removed or to which access has
been disabled and the location at which the material appeared before it was
removed or disabled;
- A statement, under penalty of perjury, that the 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, if available, e-mail address and
a statement that you consent to the jurisdiction of the Federal Court for
the judicial district in which the Member’s address is located, or if your
address is located outside the United States, for any judicial district in
which Etsy is located, and that you will accept service of process from the
person who provided notification under subsection (c)(1)(C) or an agent of
such person.
If a counter-notice is received by the Designated Agent, Etsy may send a copy
of the counter-notice to the original complaining party informing that
person that Etsy may replace the removed material or cease disabling it in
10 business days. Unless the copyright or intellectual property owner files
an action seeking a court order against the Member, the removed material
may be replaced or access to it restored in 10 to 14 business days after
receipt of the counter-notice, at Etsy’s discretion.
Please contact Etsy’s Designated Agent to submit Notifications of Claimed
Infringement and Copyright Counter-Notices at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Etsy, Inc.
Attn: Legal Department
55 Washington Street Suite 512
Brooklyn, NY 11201
USA
Fax: (718) 732-2613
E-mail: abuse@etsy.com
|
