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CreativeMilk says
Hey Mark, sorry that this has happened to you, but there isn’t a huge amount we can do. Envato has legal obligations to follow when a DMCA take-down notice is issued against an item, including the freeze of earnings made from the sale of that item. Officially we need to hold funds for a period of three years, however this is currently under review in consultation with our lawyers and I can’t say much more on the matter.

We (Envato) are simply adhering to legal expectations as set out for companies of our nature. That said, I appreciate your frustration Mark and would like to remind you that you can take this issue up with the sender of the complaint if you believe there has been no infringement.

Until either the DMCA is retracted, or Envato is compelled to by a legal body following a counter claim – we cannot reinstate your item, regardless of personal opinions on the matter.

For more information on what occurs when a DMCA is issued – please refer to our help wiki page on the issue: http://wiki.envato.com/selling/copyright-selling/a-dmca-takedown-notice-has-been-issued-against-my-item-what-does-this-mean/

I hope that this clarifies things a bit :-)

Well one thing that i want to know is…..............

I you recive an DMCA , do you review and decide if the DMCA is real/correct?

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Jordan_M Envato team says
” That said, I appreciate your frustration Mark ”
Is that what you really wanted to say ? :P

Hahah yeah, that did come out a bit uber PR sounding! :P But ultimately, it’s the truth – I’d be frustrated too if this happened to me, we all just need to understand the legalities of the situation.

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Jordan_M Envato team says
Hey Mark, sorry that this has happened to you, but there isn’t a huge amount we can do. Envato has legal obligations to follow when a DMCA take-down notice is issued against an item, including the freeze of earnings made from the sale of that item. Officially we need to hold funds for a period of three years, however this is currently under review in consultation with our lawyers and I can’t say much more on the matter.

We (Envato) are simply adhering to legal expectations as set out for companies of our nature. That said, I appreciate your frustration Mark and would like to remind you that you can take this issue up with the sender of the complaint if you believe there has been no infringement.

Until either the DMCA is retracted, or Envato is compelled to by a legal body following a counter claim – we cannot reinstate your item, regardless of personal opinions on the matter.

For more information on what occurs when a DMCA is issued – please refer to our help wiki page on the issue: http://wiki.envato.com/selling/copyright-selling/a-dmca-takedown-notice-has-been-issued-against-my-item-what-does-this-mean/

I hope that this clarifies things a bit :-)

Well one thing that i want to know is…..............

I you recive an DMCA , do you review and decide if the DMCA is real/correct?

Mark, we do review the DMCA notice to ensure that it has been completed fully and that the author of the DMCA has legally sworn, under penalty of perjury that their copyright has been infringed (meaning they take complete legal responsibility that what they are saying is true and correct). We however, cannot legally make the decision as to whether or not we think the item infringes copyright – this a legal matter and as such we cannot take responsibility if ultimately we make the wrong choice – nor can any company in our position – and this is why DMCA takedowns and the processes surrounding them are an industry standard.

Ultimately Envato is the third party in this, as the person who has had the complaint issued against them – you need to follow up appropriately with the complainant if you feel this notice is incorrect.

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CreativeMilk says
Hey Mark, sorry that this has happened to you, but there isn’t a huge amount we can do. Envato has legal obligations to follow when a DMCA take-down notice is issued against an item, including the freeze of earnings made from the sale of that item. Officially we need to hold funds for a period of three years, however this is currently under review in consultation with our lawyers and I can’t say much more on the matter.

We (Envato) are simply adhering to legal expectations as set out for companies of our nature. That said, I appreciate your frustration Mark and would like to remind you that you can take this issue up with the sender of the complaint if you believe there has been no infringement.

Until either the DMCA is retracted, or Envato is compelled to by a legal body following a counter claim – we cannot reinstate your item, regardless of personal opinions on the matter.

For more information on what occurs when a DMCA is issued – please refer to our help wiki page on the issue: http://wiki.envato.com/selling/copyright-selling/a-dmca-takedown-notice-has-been-issued-against-my-item-what-does-this-mean/

I hope that this clarifies things a bit :-)

Well one thing that i want to know is…..............

I you recive an DMCA , do you review and decide if the DMCA is real/correct?

Mark, we do review the DMCA notice to ensure that it has been completed fully and that the author of the DMCA has legally sworn, under penalty of perjury that their copyright has been infringed (meaning they take complete legal responsibility that what they are saying is true and correct). We however, cannot legally make the decision as to whether or not we think the item infringes copyright – this a legal matter and as such we cannot take responsibility if ultimately we make the wrong choice – nor can any company in our position – and this is why DMCA takedowns and the processes surrounding them are an industry standard.

Ultimately Envato is the third party in this, as the person who has had the complaint issued against them – you need to follow up appropriately with the complainant if you feel this notice is incorrect.

Okay correct me if i am wrong,

but when somebody send an DMCA , Envato will not review if the designs are the same?

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Jordan_M Envato team says
Hey Mark, sorry that this has happened to you, but there isn’t a huge amount we can do. Envato has legal obligations to follow when a DMCA take-down notice is issued against an item, including the freeze of earnings made from the sale of that item. Officially we need to hold funds for a period of three years, however this is currently under review in consultation with our lawyers and I can’t say much more on the matter.

We (Envato) are simply adhering to legal expectations as set out for companies of our nature. That said, I appreciate your frustration Mark and would like to remind you that you can take this issue up with the sender of the complaint if you believe there has been no infringement.

Until either the DMCA is retracted, or Envato is compelled to by a legal body following a counter claim – we cannot reinstate your item, regardless of personal opinions on the matter.

For more information on what occurs when a DMCA is issued – please refer to our help wiki page on the issue: http://wiki.envato.com/selling/copyright-selling/a-dmca-takedown-notice-has-been-issued-against-my-item-what-does-this-mean/

I hope that this clarifies things a bit :-)

Well one thing that i want to know is…..............

I you recive an DMCA , do you review and decide if the DMCA is real/correct?

Mark, we do review the DMCA notice to ensure that it has been completed fully and that the author of the DMCA has legally sworn, under penalty of perjury that their copyright has been infringed (meaning they take complete legal responsibility that what they are saying is true and correct). We however, cannot legally make the decision as to whether or not we think the item infringes copyright – this a legal matter and as such we cannot take responsibility if ultimately we make the wrong choice – nor can any company in our position – and this is why DMCA takedowns and the processes surrounding them are an industry standard.

Ultimately Envato is the third party in this, as the person who has had the complaint issued against them – you need to follow up appropriately with the complainant if you feel this notice is incorrect.

Okay correct me if i am wrong,

but when somebody send an DMCA , Envato will not review if the designs are the same?

Within reason, obviously if the items are completely different – we will not approve the DMCA . If there is any doubt, like in your case, that there could possibly be an infringement we will need to take the notice seriously.

That said, we don’t follow the system so blindly that if someone sends in a DMCA notice saying their copyright was infringed and the item in question is a graphic of a house, whereas the complainants graphic is that of a donkey and there are no similarities at all we will still remove the item. There is still an element of common sense involved.

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jeffeatworld says

If it wasn’t for Mark I wouldn’t still be an author here.

It does suck what happend, plus I’m pretty sure we are told as authors to “look at what is selling well” which pretty much is always going to mean being influenced in your design thinking.

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jremick Envato team says
It does suck what happend, plus I’m pretty sure we are told as authors to “look at what is selling well” which pretty much is always going to mean being influenced in your design thinking.

Authors tend to take this out of context occasionally. By examining popular and high selling work, you can get a better idea of the quality and number of features we’re looking for. This isn’t to say anyone should copy, but that by taking some time to look at the small details put into designs you can greatly improve your own unique work.

People may be influenced by things they see, but that doesn’t excuse copyright infringement nor does influence encourage it. In my work, I’ve been influenced in many ways but it was in the finer details that make the greater whole of the design higher quality (pixel level details, spacing, ratios, colors, contrast, hierarchy, etc).

The hard part about examining other people’s work, then producing your own, is that most people don’t have a strong understanding of copyright boundaries (and it can be incredibly difficult to know at times). Copyright can be a very, muddy gray area. What I say is, when in doubt, don’t risk it. I’ve made some copyright mistakes too and it can be very easy to make them if you’re not even thinking about it.

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jeffeatworld says

well put :)

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0703 says

nice written jremick, it still really sucks what happened mark. glad you got the money back

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Nitro_Themes says

Hey Mark

Sorry to hear that, it must be frustrating. The thing i do not understand is does envato look at the code or the date of the file?

Shit it could be the other way around. What if that’s the case?

I hope that you get this resolved.

Cheers

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