Fake DMCA Claims and Copyright Protection on Envato

[Ruliffand]

Hey everyone,

I wanted to bring up an issue that some of us might’ve encountered—Fake DMCA Claims. I came across a case of this happening on platform X, and it got me wondering about how often this could be affecting us here on Envato as well.

The Exclusivity Problem: A lot of us are studios, teams, or agencies that work with third-party designers or freelancers to create our content. But sometimes, we find out that the same designer is selling their work to others even though it’s supposed to be exclusive. This can really hurt us as authors, especially when we suddenly get hit with a fake DMCA claim from someone who says they “own” the content we uploaded.

Some Questions for the Community & Envato Team:

1. How does Envato actually handle these Fake DMCA Claims? Is there any kind of additional verification done before the claim affects our accounts?
2. Solutions and Evidence: If any of us find ourselves in this situation, are there specific steps or types of evidence we should provide to protect our rights to our content? For example, would an exclusivity agreement with the freelancer help?
3. Account Suspension due to DMCA Claims: I’ve heard cases where authors’ accounts get disabled because of DMCA claims, both legit and fake. If an account does get disabled, is that permanent, or can it be reinstated if we can prove the claim was bogus?

I hope this sparks some discussion and maybe helps us figure out the best way to handle Fake DMCA Claims. It’d be great if the Envato team could jump in and clarify their process and the protections available to authors here.

Thanks a lot!

[charlie4282]

Once Envato receive a claim they have to disable items while it’s investigated to prevent becoming liable for distributing it.

That said, if a counter claim is filed and the original compliant found to be wrong then items would be reinstated.

[baevox]

@Ruliffand

If an account does get disabled, is that permanent, or can it be reinstated if we can prove the claim was bogus

Envato will forward a copy of the DMCA counter-notification to the individual who submitted the DMCA takedown notice (the claimant) and then wait for 10 business days. If the claimant does not notify Envato of any court proceedings filed against you within that 10-day period, Envato will reinstate the content within 14 business days from the date they received the counter-notification.

@Ruliffand

I came across a case of this happening on platform X

Regarding the case discussed in the screenshot, this issue was related to using an item name identical to an existing theme on Envato. According to Envato’s policy, using the same name as an existing theme is prohibited. Initially, the theme in question was disabled by Envato. However, after submitting a counter notice and waiting through the designated waiting period, the theme was eventually re-enabled.

Reference -

When a False DMCA Claim Derails Your Work: My Story on Envato

Hi there, I get your point, but let’s consider an example. Developing a WordPress theme takes time, typically at least a month, and we need to finalize the name for the theme well before development begins. Now, let’s say we come up with a unique name, like “XYZ,” and after 26 days of development, when the theme is almost complete, a new product with the same name “XYZ” enters the market but belongs to a completely different category. In this case, there’s no fault on either side. Both products…

[ki-themes]

@Ruliffand

A lot of us are studios, teams, or agencies that work with third-party designers or freelancers to create our content. But sometimes, we find out that the same designer is selling their work to others even though it’s supposed to be exclusive.

If I didn’t understand wrong that you’re hiring another person for the design:
You have actually mentioned your own problem. You need to find a designer who has an exclusive account at Envato therefor you won’t be having the issue. With this case, the designer is selling the same thing someone else, you need to find a lawyer and take the case to the court. It’s not a fake DMCA claims when the project is not exclusive to you.