Saturday, November 5, 2011

Down the Foxhole - ActiveDen

Down the Foxhole - ActiveDen

Link to Envato Notes

What Do I Do If I Am A Victim Of Copyright Infringement?

Posted: 04 Nov 2011 11:00 PM PDT

Fuzzy Copyright by Nancy Sims

Do you find copyright a little fuzzy? Over the next week we’ll bring you four helpful articles on copyright from the Envato Wiki. This article can be found on the wiki here, and explains what to do if you discover you have become the victim of copyright infringement.

Do you have any questions not covered in these articles? Let us know in the comments, and we’ll put something together to clarify.

If an item for sale on the Envato Marketplaces violates your copyright, please send Envato Marketplace Support a copyright or DMCA take down notice. Please note that a copyright notice or DMCA take down notice is a very serious legal document and we advise you gain the council of a lawyer as needed.

The document you send should:

  1. Identify the item on the Envato Marketplaces that you claim infringes your copyright (including the relevant URL).
  2. Identify your copyrighted work (including the relevant URL).
  3. Explain how you believe the item on the Envato Marketplaces violates your copyright.
  4. Include your full name and contact details, including address, phone number and email address.
  5. Include the statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  6. Include the statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  7. Be signed and dated by you.

Scan this document and send it to support.

Alternately, you may fax or post this document to:

Address: PO Box 21177, Little Lonsdale Street, VIC 8011, Australia
Fax: +61 3 9018 3043

Please note that the full DMCA notice or copyright claim provided will be forwarded to the author of the item in question, as it is a legal document that affects them.

Frequently Asked Questions

What happens to money made out of the sale of the item?
If a signed copyright claim or DMCA take down notice is issued against an item for sale on the Envato Marketplaces, we are required to freeze all funds from the sale of that item for a period of three years. If in this time a registered legal body compels us to release these funds to either party we will immediately do so.

Please note that if we are not compelled to release the funds within three years, after this time the funds held from the member must be released to them should they request it in writing.

Can you give me the contact details of the member who I claim violated my copyright?
Unfortunately due to privacy laws we are unable to issue any private information about any member of the marketplaces, unless compelled to legally. We recommend that before you issue a DMCA take down notice or copyright claim, you screenshot any relevant pages including the member page and relevant item pages for your records, as they may be removed from the marketplaces upon receipt of a valid DMCA take down notice or copyright claim.

Why do I need to send a DMCA take down notice or copyright claim?
Sending a DMCA take down notice or copyright claim ensures that an item is removed immediately from the marketplaces. Only a registered legal body can rule as to the copyright compliance of an item – Envato is not able to do so, no matter what our personal opinions may be. Issuing a take down notice allows Envato to remove the item immediately without waiting for legal advice.

Why does the member who uploaded the item for sale receive a copy of the notice?
A DMCA take down notice or copyright claim has potentially serious legal implications, and upon receipt of a valid notice Envato must take certain action. If the member wishes to contest this decision, they must have the notice retracted, and as such need to have access to the notice itself.


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