There are two main ways to let us know if you think your content is being used without permission:
- for copyright owners - the DMCA takedown notice process;
- for other IPR owners, including trademark owners - the general IPR notice process.
If you're a copyright owner the DMCA takedown notice process applies.
If you believe someone is using your copyright content without permission, you can use the Digital Millenium Copyright Act (DMCA) process by sending us a DMCA takedown notice. We act promptly when we receive valid DMCA takedown notices. Although the DMCA is US law, and we're in Australia, we follow the DMCA rules.
Please make sure you understand what rights you are claiming before you submit a DMCA takedown notice because it is a serious legal document. Consider whether you need legal advice. It's really important not to make false claims as this could have serious legal consequences.
You'll need to prepare one document that:
- Tells us about the content that you claim infringes your copyright, including a description and where we can find it - include the URL;
- Tells us about your copyrighted content and let us know where we can see this published -include the URL;
- Gives us a detailed explanation about how you believe the content violates your copyright;
- Includes your full name and contact details, including your address, phone number and email address;
- Includes the following two statements:
- "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."
- "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."
By law, you need to sign and date your notice. If you send us the information via Envato Elements Help please note that by entering your full name you are providing us with your digital signature which is legally binding. If you want to sign a physical document you'll need to scan the document and attach it to the help ticket.
We have to send this DMCA takedown notice to the other person, which means your details will be passed to them. The other person can submit a DMCA counter-notification if they disagree with your DMCA takedown notice and they might contact you directly using your contact details.
The content in question will generally be disabled from Envato Elements when we receive a valid DMCA takedown notice so we recommend that before you issue a DMCA notice, you screenshot any relevant pages including the member page and relevant site pages for your records. If we receive a counter-notification and you don't confirm you've taken legal action against the other person within 10 business days, we will re-enable the content.
If you have any further questions please visit our DMCA FAQ page.
If you're the owner of another kind of IPR - the general IPR notice process applies.
As the DMCA process only applies to copyright, we have a similar process for other claims (general IPR notices). If you believe that someone is using content that is protected by another form of IPR, such as a trademark, we ask you to send us a general IPR notice that contains detailed information about your claim. The notice needs to:
- Tell us about the content that you claim infringes your rights, including a description and where we can find it - include the URL;
- Tell us about the rights you claim, the basis of the ownership claim, and where we can see evidence of your right - include the URL. If you're claiming a trademark right include the trademark registration number, country and class of registration;
- Give us a detailed explanation about how you believe the content violates your claimed right; and
- Include your full name and contact details, including address, phone number and email address.
You need to sign and date your notice. If you send us the information via Envato Elements Help please note that by entering your full name you are providing us with your digital signature which is legally binding. If you want to sign a physical document you'll need to scan the document and attach it to the help ticket.
We will respond appropriately depending on what your claim is about. We may ask for more information and send a copy of your claim to the other person. That person might contact you directly using the details you've provided.