This article provides answers to common questions regarding DMCA takedown notices on the Momensity Marketplace. If you suspect that an item on our platform infringes on your intellectual property rights, you may consider contacting the Author directly to resolve the issue. If this doesn’t work, you may submit a DMCA takedown notice to our Customer Success Team. However, you must be sure that your claim is accurate as false claims can have serious legal consequences. Only a relevant judicial authority can definitively rule on whether an item infringes on copyright. Upon receipt of a valid DMCA takedown notice, we will remove the item from our platform and send a copy of the notice to the Author. The Author may then send us a counter-notification if they believe their item was taken down in error. We will reinstate the item if we receive a valid counter-notification, or if the Author replaces the disputed material. For Authors, the release of frozen earnings and account reinstatement is at our discretion.

Our approach to DMCA takedown notices and the process followed is outlined in our Momensity Marketplace Intellectual Property Policy.

If you believe that an Author’s item on Momensity Marketplace is infringing your intellectual property rights (including trademark) then you can submit a General IRP Notice to us.

I think there may be an infringement of my copyright. What should I do?

Consider whether contacting the Author is appropriate. There may be a misunderstanding that you can solve without resorting to the formal processes outlined in the Momensity Marketplace Intellectual Property Policy.

Can you give me the contact details of the Author who I claim violated my copyright?

Our Momensity Marketplace Authors can be contacted through our system by any registered user. It is free to register and the link to an Author’s profile page and contact form can be found on each page listing their item(s).

The Momensity Marketplace Author hasn’t responded to my request or is refusing to remove the content that I think is in violation of my copyright. What now?

You have the option of submitting a DMCA takedown notice to our Customer Success Team. You can find out how to lodge a valid DMCA takedown notice in the Momensity Marketplace Intellectual Property Policy.

Why do I need to send a DMCA takedown notice?

Only a relevant judicial authority can rule definitively about whether an item infringes copyright. Envato is not able to do so. Our role is as the service provider of the Momensity Marketplace platform. Upon receipt of a valid DMCA takedown notice, we will remove the item from our platform.

Why does the Author who uploaded the item receive a copy of the notice?

A valid DMCA takedown notice should be addressed to the Author of the item identified in the DMCA takedown notice. We pass on the notice to the Author. On receipt of the DMCA takedown notice, the Author may wish to resolve the matter with the complainant or take further steps such as lodging a counter-notification. See more information here.