Envato operates an online marketplace, through various content specific sites, at which Members are entitled to sell and buy the right to use works created and/or owned by selling Members (Sellers).

Content offered for sale at each Envato marketplace are works which are protected by copyright.

In this policy reference to “works” means any work in which copyright subsists – be it a drawing, sound clip, moving image or photograph.

Copyright is a complex area of the law.  There are many misconceptions surrounding the use of works which are protected by copyright.

Copyright laws were first introduced with the advent of book publishing and since then have been updated to address the advent of new technologies permitting works to be created in different ways.

However, sometimes the law struggles to keep up and from time to time when no obvious guidance is available it is necessary for Envato to make a considered decision based on the existing law and the likely extension of that law.

In order to improve knowledge among Envato members and reduce the number of copyright misconceptions, Envato maintains a store of information and reference materials on the topic of copyright for those who want to know more about the subject.  This is to be found at Envato – Copyright 101.

Dealing with copyright is also made more difficult because copyright works may involve representations or records of images in which other rights exist, such as a trade mark or a design or a performance.  There are also, in certain places, special laws which protect well known public buildings and laws which give famous people rights to their own image.

While copyright laws are broadly consistent throughout the world there are these additional special laws and also copyright laws are open to different interpretations according the cultural norms and social values of the territory in which the laws are being interpreted by the courts.

Copyright laws and practice will continue to evolve and Envato will update its policy from time to time as circumstances dictate.

2. Respecting copyright

Above all else Envato recognizes the importance of copyright and respects copyright.

Envato encourages its members to do the same. Indeed it is up to everyone in the Envato community to understand, and play by, the copyright rules.

Envato recognizes that copyright is a valuable economic right. It allows the owner of a copyright work to make an income by allowing others the right to use the work.  This is the purpose of the marketplace – to provide a forum at which Sellers and Buyers can come together to conduct business.

Of course in conducting a marketplace Envato needs to be alert to the risk that works may be offered by a Seller who is not authorised to do so either because the Seller does not own the work or because the Seller has copied the work.

Envato does not offer a copyright clearing service and relies on the promises made by Sellers as to the ownership and origins of the works offered by them.

There is a process of works being evaluated by Envato before they are allowed to be offered at the marketplace but this evaluation focuses primarily on quality control issues.

If there is any obvious breach of copyright Envato will not allow publication on an Envato marketplace but approval to upload should not be taken as an indication that Envato has cleared copyright.

While Envato is based in Australia, Envato’s objective is to comply with copyright laws in other key jurisdictions, including the US Digital Millennium Copyright Act.

Envato will act promptly to remove content if it suspects infringement or is notified of alleged infringement.

3. What we expect of Sellers

Envato expects Sellers to respect the copyright and other proprietary rights of others.

Before a Seller offers his or her first work on an Envato marketplace, the Seller must successfully complete an online tutorial about intellectual property rights, including copyright.

It is the responsibility of each Seller to check, and ensure, that he or she owns or has the appropriate rights to any work uploaded onto an Envato marketplace.

A Seller must not upload any content unless they own the content or have obtained appropriate licenses and consents from the copyright owner.

If in doubt ask – don’t assume!

Envato has developed house rules which should be followed by Members offering works on an Envato marketplace.  While these are not required by law, Envato expects that, by adopting and following these house rules, the scope for infringement will be reduced.

4. What we do before Sellers can sell

Envato will check the content each Seller submits for quality purposes and while doing so Envato may identify, and notify the Seller of any, potential copyright issues.

However, Envato is not obliged to review any content a Seller submits for copyright compliance or to notify the Seller of potential issues.

Sellers must not assume that Envato will check and verify the existence or ownership of copyright. Acceptance of content by Envato does not mean that Envato has checked and cleared copyright.

5. What we expect of Buyers

Envato expects buying Members (Buyers) to respect the copyright and other proprietary rights of others.

Buyers should only use any works acquired in accordance with the terms of the license for which payment has been made.  Buyers should also observe the house rules which Envato has developed for buyers .  While these are not required by law, Envato expects that, by adopting and following these house rules, the scope for infringement will be reduced.

It is up to the Buyer to ensure that he or she has obtained all necessary licenses, clearances and consents that may be required for the Buyer’s specific use of the work.

Envato relies on Buyers to behave responsibly by complying with the terms of the license which they are granted to use the work.  These are limited use rights and must be strictly observed.

If in doubt ask – don’t assume!

6. What to do if you believe your work is infringed

Envato does not authorise or condone infringement of copyright.

Envato does not, and has no obligation to, police copyright infringement but we will act promptly if we receive notice of an alleged infringement.

A Member, who believes an infringement has occurred, is able to give us notice by the following the steps outline in What Do I Do If I Am A Victim Of Copyright Infringement? .

If you believe that a work offered on an Envato marketplace infringes on your copyright you should send Envato this notice.

If you believe that a work acquired through an Envato marketplace has been used in a way that infringes on your copyright you should send Envato this notice.

7. What we do if we receive a notice of or if we suspect infringement

Envato promises that it will respond promptly to alleged copyright infringement promptly.

Where the copyright infringement relates to a work uploaded to an Envato marketplace, Envato will take down the work on receipt of notice of alleged infringement.

The alleged infringing Member will be notified and will have an opportunity to file a counter notice to prove (in the case of a Seller) his or her authority to offer the work or (in the case of a Buyer) to use it as used.

In many cases Envato has found this is the end of the matter.

Often a Seller will not press for the work to be restored. Sellers are entitled to do this without admitting liability.

Often a Buyer will curtail his or her use of the work. Buyers are entitled to do this without admitting liability.

It is sometimes said that copyright owners abuse the willingness of website operators, who readily take down works on receipt of notice of infringement, by giving infringement notices as a means of preventing others from exploiting their copyright works when they have no basis on which to make the infringement allegation.

Envato is not able to make any formal judgement as to whether copyright has been infringed but does encourage Sellers, if they think they have been unfairly dealt with, to respond and provide evidence about the origins and ownership of the contested work.

8. Consequences of infringement

Serious consequences may flow from any infringement of another person’s copyright.

You may become liable to the owner of the copyright for damages and other consequences.

Members, who are found to have infringed another’s copyright, do not meet Envato’s expectations as outlined in this Policy.

Envato reserves the right to deal with such Members as follows:

• One-Strike Violations

One Strike Violations: are serious breaches of Envato’s copyright policy.  They include, but are not limited to, a Member:

-       uploading a work, to an Envato marketplace, that is not the Member’s own creation;

-       uploading a work, to an Envato marketplace, that is not the Member’s own creation but is being distributed freely elsewhere pursuant to a licence that prohibits resale or redistribution;

-       uploading a work to, an Envato marketplace, that contains a virus or other malware; or

-       committing two or more breaches which are the subject of Warning Violations as determined by Envato.

Consequences of One Strike Violation: A Member, responsible for a One Strike Violation will have his or her account DISABLED immediately.  Envato also reserves the right to withhold payment of any money standing to the credit of the Member in the Member’s account with Envato until the violation is resolved to the satisfaction of Envato but not exceeding a period of 12 months.

Reinstatement: If a Member has had his or her account with Envato disabled as a result of a One-Strike Violation an application can be made by the Member to be reinstated.  This is done by contacting support .

Warning Violations

Certain violations represent a less serious breach of Envato’s copyright policy and have a less severe penalty. Nonetheless they will lead to more severe action by Envato if the Member does not respond and/or take appropriate action.

Warning Violations: include, but are not limited to a Member:

-       uploading a work, to an Envato marketplace, that is the output of a tutorial in breach of Envato’s house rules; or

-       uploading a work, to an Envato marketplace, that is not the Member’s own creation and that is being distributed freely elsewhere WITHOUT an appropriate licence.

Consequences of Warning Violation: A Member responsible for a Warning Violation will receive an email warning from Envato.  Envato reserves the right to DISABLE his or her account immediately.  Continued warning violations by the Member will result in escalation to a One-Strike Violation.

Reinstatement: If a Member has had his or her account with Envato disabled as a result of a One-Strike Violation an application can be made by the Member to be reinstated.  This is done by contacting support.

Envato responds rapidly to developments in the online market space and these rules will also change from time to time to reflect our response to issues with which we have to deal in managing the Envato™ marketplaces.

Please revisit this page periodically to keep up to date with our house rules.

Rules for Sellers

If you are a seller, you must not submit:

1. A work based on a tutorial. You cannot submit an item that you have substantially created by following any on line tutorial.  Even if the tutorial writer has granted a license for you to use the material, we do not allow the re-creation of tutorial materials to be offered for sale on an Envato™ marketplace.
2. A work that has been decompiled or otherwise reconstructed from another work (even if that work is your own). For example: You cannot decompile a Flash file and resell it.  Unfortunately we are unable to tell the origins of a decompiled file and apply a general rule that if a work looks as though it is decompiled (even if the work from which it is decompiled is your own) we will reject it because of the risk of it being an unauthorized decompilation.  If it is your own work you should be able to recreate it.
3. A work that uses free or purchased components from any other source UNLESS you have an express license to do so. You cannot download a file then use part or all of it in a work for sale unless the conditions on which you acquired the file specifically states that it is usable in items for resale or you obtain the permission of the supplier to do so (and it is recommended that you obtain this permission in writing so you have proof if you are ever asked to prove your right to use the file.
4. A work that uses in whole or in part government or military property. You cannot submit a work that contains a reproduction of an existing coat of arms, Government seal or military insignia.  This restriction does not apply to coats of arms, seals or insignia which you have created.
5. A work containing photos, videos or sounds UNLESS you have a license to use and resell them as part of your work. The only photographs, videos or sounds allowed in works are those that are:(a)          created by the author;

   (b)          purchased or acquired under an appropriate license that allows use in an item for sale; or

   (c)          downloaded from the Envato™ Asset Library (a free resource we provide)

6. A work that includes a photograph or image of public buildings or artworks such as paintings and sculptures UNLESS you have an express license to do so.  For example: You cannot submit a work that contains a photograph of the Eiffel Tower at night or the Transamerica Pyramid in San Francisco.
7. A work that includes a photograph or image of a private location UNLESS you have express permission to do so. A location release is a legal document and if obtained will allow you to demonstrate that you have permission and that you are not infringing the location owners rights when taking the photographs.  We provide an example location release form which you are free to use.
8. A work that includes a person or recognizable human feature UNLESS you have express permission to do so. A model release is a legal document and if obtained will allow you to demonstrate that you have permission and that you are not infringing any rights the person may have to protect their privacy.  We provide an example model release form which you are free to use.

Rules for Buyers

If you a buyer, you must not use any works bought on an Envato™ marketplace which include:

1. A trademark UNLESS you obtain appropriate legal advice and/or all the necessary clearances, consents or licenses before you use the item.  Whether a clearance, consent or license is required will depend on the proposed use of the work and the legal advice obtained.
2. An image of a person or recognizable human feature, in a way that suggests the subject person endorses the goods or services of another, or has an association with someone, when the person does not.  If you want to use an image of a person or recognizable human feature to endorse goods or services, you should obtain all necessary clearances, consents or licenses required from the person involved.
3. An image of a public building or artwork, in a way that suggests the owners of the building or artwork endorses the goods or services of another, or has an association with someone, when the owner does not.  If you want to use an image of a public building or artwork to endorse goods or services, you should obtain all necessary clearances, consents or licenses required from the owner.

Copyright is a legal concept that gives the author or creator of an original work the exclusive right to do certain things with that original work.

Copyright protection is principally given to literary, dramatic, artistic and musical works, cinematograph film, and television and sound broadcasts.

Copyright gives the owner the exclusive right to copy, publish, communicate (e.g. broadcast, make available online), publicly perform, and adapt the work. These rights are considered to be “economic rights” because they have value and the copyright owner can sell or license the rights to others for a fee.

In most jurisdictions, copyright creators also have a number of “non-economic rights”. These are known as moral rights, and typically include the right to be attributed as the author of their work, the right not to have authorship falsely attributed, and the right to prevent derogatory treatment of their work that is prejudicial to their honour or reputation.

2. Ownership

The general rule is that:

• the author or creator of a work owns the copyright in literary, dramatic, musical and artistic works;
• the producer or maker of a film or sound recording usually owns the copyright in that film or sound recording;
• the broadcaster owns the copyright in a broadcast; and
• a publisher owns the copyright in a published edition.

However, in some jurisdictions there may be important exceptions to the general rule. For example:

• employment – copyright in literary, dramatic, musical or artistic works made in the course of the author’s employment is usually owned by the employer;
• journalists – where work is created by a journalist employed by a newspaper or magazine, the journalist may retain certain rights, while the employer will own all other rights; and
• commissioned photographs and videos – if photographs or video recordings are commissioned for a private or domestic purpose, then the person who commissions the work may acquire copyright in the work, whereas in most other cases of commissioned works, the author owns copyright.

It is important to note that:

• the ownership of copyright can be transferred or assigned to another person. For example, the photographer for a magazine shoot may sign an agreement that the publisher owns the copyright in the photographs;
• copyright ownership can usually only be transferred if there is an assignment in writing; and
• any one or more of the exclusive rights held by the owner of copyright can be licensed to another person, either on an exclusive or non-exclusive basis. For example:
  • the author of a book may grant an exclusive license to a producer to make a film based on the book; and
  • a software developer may grant its customers a non-exclusive license to use its software.

In each case, the author or software developer would retain ownership of copyright, but just grant the producer or the customer the right to use the work for the purpose specified in the license.

Given that copyright may be assigned or licensed to another person, you should not assume that the owner will be the author of the work in question or the author’s employer. Ownership and the right to deal with copyright should be checked carefully in each particular case.

Copyright works may be made by more than one person and may be jointly owned. For a work to be jointly owned the contributions of each author must not be distinguishable. If various authors contribute separate parts they are not joint authors, but each own the copyright in their contribution.

3. How is Copyright Infringed?

Copyright is typically infringed if a work protected by copyright, or a “substantial part” of it, is used without permission in one of the ways exclusively reserved to the copyright owner. Although in some countries there are special exceptions which allow copyright material to be used without it being an infringement – for example, “fair use” exceptions.

When assessing whether a part of someone else’s work that you wish to use is a “substantial part” you need to consider whether it is important, essential or distinctive part. The part does not have to be a large part to be “substantial” for the purposes of copyright law. It is the “quality” of the part not the “quantity” that is important. Even if you change or add to a part of someone else’s work, you can infringe copyright if the part that you use is an important, essential or distinctive part of the original work.

A person who infringes copyright can be sued by the copyright owner and taken to court. A court can order a range of things, including that the infringer pay compensation and pay the copyright owner’s costs. In some cases, a person who infringes copyright can be charged by the police, and can be ordered to pay a fine or, in serious cases, can be imprisoned.

Examples of copyright infringement include:

• making unauthorized copies of a work protected by copyright;
• using a song in a video without the permission of the owner of the recording and the song writer; and
• publishing someone else’s work without their permission, even if you correctly credit them.

Copyright may also be infringed by:

• authorising someone else to infringe copyright – for example, by asking or encouraging someone to infringe copyright, or by providing them with the means to do so;
• importing items containing copyright material for sale or distribution, without permission – for example feature films on DVD;
• circumventing a mechanism that controls access to digital material;
• distributing or selling pirate copies of copyright material;
• recording or filming a live performance without the performers’ consent; or
• permitting a place of public entertainment to be used for infringing performances or screenings.
• If it’s on the internet, then it’s in the public domain and I don’t need permission to copy it.

4. Copyright Myths

The internet is not exempt from copyright law. In most countries, the relevant authorities have no difficulty applying traditional copyright laws to works published on the internet. As noted in section 1 above, a copyright owner enjoys certain exclusive rights, including the right to copy and communicate a work. Accordingly, it is copyright infringement to place someone else’s work on the internet or to download or copy it from the internet, without the copyright owner’s consent.

• If I don’t sell it or make a profit, then it’s not an infringement.

Whether you make any money from the unauthorised sale or distribution of a copyright protected work is irrelevant to the question of infringement. It is still a violation of the copyright owner’s rights and there can still be serious damages awarded against you, especially if your actions harm the value of the work.

• It’s not protected by copyright unless it has a copyright notice.

It is not mandatory to have a copyright notice on a work. However, a copyright notice strengthens the protection, by warning people that the work is copyright protected, and by allowing the copyright owner to get more and different damages. If a work looks like something that can be protected by copyright (e.g. a literary, dramatic, artistic or musical work), you should assume it is. You should not use anyone else’s work unless you know the source.

• I don’t need permission to use it because I gave the author credit.

Giving credit means you are not a plagiarist. However, merely giving credit is not a defence to copyright infringement – you still need to obtain the permission of the copyright owner to use the work.

• I’m only using a small portion or 10% of the original work.

While in some countries there are “fair use” exceptions, copyright is usually infringed if a work, or a “substantial part” of it, is used (without permission) in one of the ways exclusively reserved to the copyright owner.

When assessing whether a part is a “substantial part” you need to consider whether it is important, essential or distinctive part. The part does not have to be a large part to be “substantial” for the purposes of copyright law. A “substantial part” may be a very small portion, and less than 10%, of the entire original work. It is the “quality” of the part not the “quantity” that is important.

5. What can I use?

It is very important that you only sell things you have the right to sell.

You must ensure that you have all the necessary clearances, consents or licenses to use the assets incorporated into an item you wish to sell on an Envato™ marketplace. If you try to sell something that isn’t yours to sell, or in respect of which you don’t have the right to sell, it can have very serious consequences.

Misuse of assets in an item for resale is one of the main ways that authors mistakenly violate another person’s copyright.

In this section, an “asset” means anything (images, videos, illustrations, music, code and so on) that is included in your item. For example, photos used in a design or music used in an After Effects project or sample videos used in a video player.

Please note that any item found to infringe on someone else’s copyright because it includes someone else’s assets without the necessary clearances, consents or licenses will immediately be removed, and further action may be taken depending on the severity of the infringement. The consequences for including copyright violating assets can be severe, and can include account disablement, freezing of funds, and even legal action. See section 8 of our Copyright Policy.

Please make sure you only include assets in your items that you own or have a license to use.

Envato has developed a series of house rules which, if followed, will minimise the risk of you infringing another person’s copyright or other intellectual property rights when using the Envato™ marketplaces.

6. Other Intellectual Property Rights

Copyright is not the only intellectual property right that may apply to items for sale on an Envato™ marketplace.

Other intellectual property rights and legal theories include:

• Trademarks – a distinctive word, phrase, letter, number, sound, smell, shape, logo, picture, aspect of packaging or a combination of these which is used by a trader to identify that its goods or services originate from a particular source or to distinguish its goods or services from another trader. A trademark owner has the right to stop others from using the trademark, or any deceptively similar trademark, on or in connection with goods or services that are identical or closely related to the goods or services of the trademark owner. In most countries, a trademark owner has enforceable rights in a trademark regardless of whether it is registered.
• Patents – an exclusive right to commercially exploit an invention (i.e. a device, substance, method or process) which is new, inventive and useful. A patent must be registered before the owner acquires the exclusive patent rights.
• Designs – a new and distinctive shape, configuration, pattern and ornamentation which, when applied to a product, give it a unique appearance. The registration of a design gives the owner protection for the visual appearance of the product.
• Passing off / fair trading – passing off occurs where a trader uses the name, goodwill or unregistered trade mark of another in a manner that misrepresents to the public that they are, or have an association with, that other person.

These types of intellectual property rights can sometimes overlap with each other. For example:

• the owner of a corporate logo may own the copyright and trademark rights in that logo. The copyright prevents unauthorized copying or communication of the logo and the trademark rights prevent use of the logo by another trader on goods or services that are identical or closely related to the goods or services of the owner.
• a graphic artist may use an image deceptively similar to the corporate logo as part of a design or a photograph of an item bearing a trademark as part of a collage. While the graphic artist may own the copyright in the work they create, depending on how the trademark is used, the use of the image or photograph may infringe the trademark owners rights. See the section below about images containing trademarks.

As a result, it is important that you do not consider copyright issues in isolation of other intellectual property rights.

7. Public Places and Art Works

The general rule is that it is permissible to take and sell photographs of public places, buildings and sculptures. However, there are exceptions in different countries around the world. For example, it is not permissible to take photographs of the Eiffel Tower at night time, and various building and monuments in the USA (e.g. Trans America building in San Francisco).

The custodians of some other public buildings vigorously protect the commercial exploitation of their intellectual property. For example, the Sydney Opera House Trust does not approve the use of images of the Sydney Opera House and its brand in commercial context where there is no association between the relevant business and Sydney Opera House. While there is no law specifically prohibiting use of images of the Sydney Opera House, use of an image of the Sydney Opera House may attract unwanted attention from the Sydney Opera House Trust if it believes that the use suggests an unauthorised association with it.

Councils and other government authorities may have restrictions on taking photographs for commercial use in certain areas e.g. on public beaches.

Because this area of the law can be a legal minefield, Envato has a house rule which prohibits the sale of items on any Envato™ marketplace that include photographs or images of artworks such as paintings, sculptures and some architectural buildings.

8. Images that Contain Trademarks

The reproduction, sale and use of images which contain trademarks is a complicated area of the law and whether it violates the trademark owner’s rights depends on the particular image and how it is used.

For example, if you take a photograph of a watch with the brand name clearly visible, you will own copyright in the photograph. If you license the right to reproduce and use that photograph to someone who publishes an on-line directory of pictures of watches, your sale of that photograph and the use of the photograph by the publisher is not likely to infringe anyone’s trademark rights. However, if you create an image that comprises of a silhouette of a pear with a bite taken out (i.e. deceptively similar to the Apple logo) and license the right to use that image to someone, who then uses it to brand a range of digital music players the position is likely to be different. While your sale of the image on its own is unlikely to infringe Apple’s trademark rights, the use of that image on digital music players is likely to infringe Apple’s trademark rights.

Due to the complexity of this area of the law, Envato has a house rule which requires that you obtain appropriate legal advice or all the necessary clearances, consents or licenses before you use images bought on an Envato™ marketplace that includes a trademark.

9. Images of People

The reproduction, sale and use of images of people is a complicated area of the law and whether it violates a person’s rights depends on the particular image and how it is used.

Special care needs to be taken with images where the main feature or subject of the image is a person or a recognisable feature of a person, especially if the person is a famous person.

It is common practice and prudent for an artist, photographer or producer to obtain a model release from the person who is the subject of the image – regardless of the intended use of the image. A model release is a legal document that must be signed by the person granting permission to use their face or recognizable feature.

The buyer of an image of a person from an Envato™ marketplace should not use that image in connection with goods or services in a way that suggests the person endorses the goods or services, or has an association with someone, when the person does not.

Envato has a couple of house rules which deal with these issues.

10. Useful links

The governments of many countries have websites which provide information about intellectual property rights and which provide advice based on the laws of the country.

A selection of links to these sites follows:

• www.wipo.int/portal/index.html.en
• www.uspto.com
• www.ipaustralia.gov.au
• www.ipo.gov.uk/
• www.dpma.de/english/index.html

There are also many other free resources on the internet publishing information and advice about intellectual property and which can be readily accessed by use of a search engine. These include materials published by law firms and public sector bodies which promote the value of intellectual property and compliance with intellectual property laws, such as:

• www.stockphotorights.com/

Acceptable Tags and Title Words

You may use trademarked names as titles and tags when they’re used:

• to describe how your file was built or what it opens with like Flash or Flex.
• to describe what’s included in the download like a PSD or FLA.
• to describe where the information is being pulled from. For example, files using the Twitter or Google API’s may use Twitter or Google as titles or tags.
• to describe code or assets being used like TweenMax or Papervision3d.

Unacceptable Tags and Title Words

You may not use trademarked names as titles or tags when using them to describe what the item is similar to. This makes searches less relevant and takes traffic away from the trademark holders. For example:

• A status update application that doesn’t use the Twitter API may not use the term Twitter.
• A vector-looking silhouette of people dancing may not use the term Apple.
• A tweening engine that doesn’t use Tweener may not use the term Tweener.
• An mp3 player may not use the term iPod.
• A race car game may not use the name of an actual car like Ferrari or Jeep.
• You may not use terms such as iPod-like, Twitter-like, or Tweener-like.

When Envato support receives a valid DMCA take down notice, we will:

1. Remove the item in question from the marketplaces.
2. At our discretion, freeze earnings of the author from the sale of the item, as per the Membership Terms and Conditions.
3. In some cases, disable the account from which the item in question was uploaded for sale.
4. Notify the author and send them a digital copy of the DMCA take down notice.

Frequently Asked Questions

What do I do now?
You should consider whether or not there has been a breach of copyright of the person who sent the take-down notice.  The best approach is to attempt to resolve the matter with that person directly.  You should also consider whether to obtain your own legal advice if the situation warrants, for example, if you are unsure of whether there has been a breach of copyright, or if you are unsure how to respond to a demand from the other person.

I do not agree that there has been a copyright violation – what do I do next? Can the item be reinstated?
The author has an option to issue a counter notification or “put back” notice.  This is an option that should be carefully considered and fully understood before being adopted, because it is possible that a counter notification can trigger legal proceedings from the other person about the alleged copyright infringement.  Authors should obtain their own advice if unsure about this option.

If Envato receives a counter-notification, we will send a copy to the other person who sent the take-down notice, then wait 10 business days.  Unless we receive a notice from that other person that they have filed a court proceeding against the author within that time, Envato will then reinstate the item within 14 business days from when we received the counter notification.

The counter notice should include the following things:

1. 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 access to it was disabled.
2. A statement under penalty of perjury that the author has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. (Ideally the author would include an explanation of why the item should be reinstated.)
3. The author’s name, address, and telephone number.
4. If the author is a US resident, a statement that the author consents to the jurisdiction of Federal District Court for the judicial district in which the author resides. If the author resides outside of the United States, a statement that the author consents to the jurisdiction of Victoria, Australia (where Envato is located).  Include a statement that the author will accept service of process from the person who provided the original notification, or an agent of such person.
5. A physical or electronic signature of the author.

There may be other situations in which an author’s item can be reinstated, such as where the material in dispute can be removed altogether from the author’s item.  Contact support to discuss if relevant.

How can I unfreeze earnings or have my account reinstated?
Release of frozen earnings will occur at the discretion of Envato (eg if the person issuing the notice retracts the allegations), if Envato is compelled to do so by a binding order issued by a relevant judicial authority, or under a relevant agreement settling the dispute.  Reinstatement of an account will occur at the discretion of Envato; please contact support to discuss.  Note that we will be very unlikely to reinstate accounts of authors who have the subject of repeat or numerous take-down notices.

How do I resolve the issue with the person who sent the take-down notice
Take-down notices will be issued in a variety of circumstances, and Envato is unable to give specific advice to authors.  Authors should consider whether they need their own advice.  There are many factors that both parties will need to consider, and they include the following things:

1. Whether the author’s item was independently created, timing of creation of each work, and other copyright law issues such as whether any defences apply.
2. Whether the work of the other person has the same scope as the author’s item, or whether it is just one component of the author’s item (eg a graphic within a website template).
3. Whether the other person is seeking monetary payment from the author, or simply to have the author’s item taken down permanently.  If monetary payment is claimed, relevant factors include the author’s earnings from the sale of the author’s item, what fee might be appropriate, and whether the other person’s work was included in the downloaded file or used in some other way (eg on the author’s own site, in the author’s own live preview, in the author’s marketing material).
4. Whether the work claimed by the other person can be removed from the author’s item (eg one component of a web template).
5. The location of each party and relevant legal forums for resolving disputes.

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:

Envato
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.

One-Strike Violations

One Strike Violations include, but are not limited to:

1. Uploading an item that is not your own creation, and that is being sold on an Envato Marketplace or elsewhere.
2. Uploading an item that is not your own creation, and that is being distributed freely elsewhere WITH a license that prohibits resale or redistribution.
3. Uploading an item that contains a virus or other malware.

Penalty: Any author responsible for such a violation will have their account DISABLED immediately. Any cash earned in the account will be held for three years pending any legal action that may be pursued.

Appeals: Appeal can be made for reinstatement by contacting support. Any author seeking reinstatement must provide sufficient evidence.

Warning Violations

Certain violations have a less severe penalty. Nonetheless they will lead to action if the author does not respond and/or take appropriate action.

Warning Violations include, but are not limited to:

1. Uploading an item that is the output of a tutorial.
2. Uploading an item that is not your own creation, and that is being distributed freely elsewhere WITHOUT an appropriate license.

Penalty: A warning will be issued by email. Offending items will be immediately removed from Envato marketplaces and when necessary, earnings held for three years pending any legal action that may be pursued. Further violations will results in escalation of penalty.

Appeals: Appeal can be made for a file by contacting support. Any author seeking a warning to be withdrawn or an item re-enabled must provide sufficient evidence.