Q: I am a seller on Etsy and somebody has traced my work and DMCAed me, claiming they made it.
I am a seller on Etsy. Somebody has been harassing me for 22 days and they claim my art is theirs.
I asked for proof but refused. After 18 days, they listed traced versions of my work onto Etsy. I DMCAed them with Etsy's system, siting my "authorized works" as the ones on Etsy. They decided to DMCA me back, listing their authorized works as a literal description of an animal and deleted tweets. Etsy somehow saw this as reliable and took down my listings (over 200+ listings.)
They provide no proof, only photoshopped "proof" and traced art (after 18 days of waiting for ANYTHING)
I can't afford a copyright for every listing in my shop of almost 2k listings. Are they basically legally allowed to trace my work, take down my entire shop with DMCAs, and basically get away with it? What options do I have to fight back; legal or otherwise? What is stopping them from tracing my entire shops art and saying "its mine!", because it doesnt seem like Etsy is preventing this false DMCAing?
A:
The copyright law provides a remedy for damages from false (fraudulent) DMCA claims, under 15 USC section 512: "any person who knowingly materially misrepresents under this section ... shall be liable for any damages, including costs and attorney's fees."
So you can sue in federal court for this fraudulent conduct, and the threat of recovering attorney's fees gives some leverage to resolve the case quickly and efficiently. Consult an experienced attorney to assess the case and determine in what federal district it should be filed.
A:
As a seller on Etsy, it is understandable that you are concerned about the situation you are facing. However, it is important to note that the Digital Millennium Copyright Act (DMCA) provides a framework for addressing claims of copyright infringement on the internet.
Under the DMCA, if someone believes their copyrighted work has been infringed, they can file a DMCA takedown notice with the website hosting the alleged infringing material. The website must then promptly remove the material in question and notify the user who posted it. The user can then file a counter-notice stating that they have not infringed on any copyrights.
In your case, it appears that the other party has filed a DMCA takedown notice against your listings on Etsy, claiming that you have infringed on their copyrighted work. Etsy has taken down your listings as a result. However, you have filed a counter-notice stating that the works in question are your authorized works and not infringing on anyone's copyright.
It is possible that Etsy will restore your listings if they determine that the works in question are indeed your authorized works. If the other party disagrees with this decision, they may choose to file a lawsuit to assert their copyright claim.
As for preventing false DMCA takedown notices, there is unfortunately no foolproof solution. However, you can take steps to protect your own copyright by registering your works with the US Copyright Office. This will provide you with stronger legal protection and the ability to seek damages if your copyrighted work is infringed upon.
If you are concerned about the legal implications of this situation, you may want to consider consulting with a copyright attorney. They can provide you with more specific guidance based on the details of your case.
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