You’re selling on Etsy, minding your own business, and then…
You get a DMCA takedown notice.
Someone claims you stole their design, even though you know you didn’t. Or maybe, just maybe, you used an image you found on Google, and now it’s coming back to haunt you.
Either way, you’re now in Etsy’s copyright battlefield.
Dealing with legal stuff is as fun as stepping on a Lego. But I’m here to help you figure out how to respond to a DMCA counter notice on Etsy like a pro.
Wait, What’s a DMCA Again?
DMCA stands for Digital Millennium Copyright Act, which is basically a fancy way of saying, “Hey, don’t steal people’s stuff online.”
If someone thinks you copied their work, they can send a DMCA takedown notice to Etsy. Etsy then removes your listing faster than a toddler knocks over a tower of blocks.
But what if you didn’t actually copy anyone? Or what if the claim is bogus?
That’s where a DMCA counter notice comes in. This is your way of saying, “Nope, I own this. Put my listing back up.”
Simple? Well, sort of.
What Should You Know?
A DMCA takedown notice means someone claims you copied their work.
If it’s a mistake, you can file a DMCA counter notice to get your listing back.
Etsy won’t ban you for one claim, but repeated issues could be a problem.
Most cases resolve in about two weeks—if no legal action happens.
Make sure your designs are actually yours to avoid future issues.
The Panic Attack
The moment you see that DMCA takedown email, your heart drops. You wonder if your shop is doomed. You start Googling things like, “Can Etsy ban me forever?” or “How do I become a goat farmer instead?”
Solution: Take a deep breath. Etsy won’t delete your shop immediately. A single DMCA claim won’t get you banned. You have time to fix this.
First, check the claim. Who filed it? Is it a real business or some random person with 10 followers on Instagram? If the claim seems fishy, you may have a good reason to fight back.
The Confusion of Legal Jargon
The counter notice form looks like something only a lawyer would understand. Words like “good faith belief” and “under penalty of perjury” make your brain hurt.
Solution: Here’s what you actually need to say:
Your name and address (Yes, you have to give your real address. No, Etsy won’t come to your house.)
What got taken down (List the exact product that disappeared.)
Why you’re fighting it (Example: “I created this artwork myself on Procreate. I have proof.”)
A legal statement (This is the scary part, but Etsy gives you the exact wording. Just copy and paste.)
Your signature (Type your name. No need to mail anything with wax seals.)
After you submit it, Etsy forwards it to the person who complained. If they don’t sue you within 10-14 business days, Etsy puts your listing back up.
The Waiting Game
Once you send your counter notice, you enter the Etsy Twilight Zone. Will your listing come back? Will the person who filed the claim take you to court? Should you start selling homemade jam instead?
Solution: Most people who file DMCA claims don’t actually want to go to court. They just want your listing gone. If they don’t take legal action, Etsy restores your product in about two weeks.
You are thinking, What if Etsy thinks I’m a troublemaker? The last thing you want is to lose your shop.
Solution: Etsy doesn’t ban people over one or two DMCA issues. But if you keep getting hit with copyright claims, they might start looking at your shop more closely.
To stay safe:
Create your own designs. Don’t “borrow” from Google or Pinterest.
If you use stock images, make sure you have the right license.
If you’re inspired by someone else’s work, change it enough to make it yours.
If you do get multiple claims, reach out to Etsy Support. Be polite, explain your side, and show proof that you’re following the rules.
What NOT to Do
Don’t ignore the notice. If you do nothing, your listing stays down forever.
Don’t send a counter notice unless you’re sure you’re right. If you copied someone (even by accident), you could get sued.
Don’t attack the person who reported you. Yes, it’s annoying, but sending them angry messages will only make things worse.
Don’t rely on Etsy to solve everything. Etsy is a marketplace, not a courtroom. If things get serious, you might need legal advice.
Dealing with a DMCA counter notice on Etsy is annoying, but it’s not the end of the world.
As long as you’re selling original work (or have the right to use what you’re selling), you have every right to fight back. Just stay calm, follow the steps, and don’t let the legal jargon scare you.
FAQs About Etsy DMCA Counter Notices
Can I just re-upload my listing after a takedown?
Etsy will take it down again, and you could get in bigger trouble.
What if the person who filed the claim is wrong?
That’s exactly why you file a counter notice! Show proof that you own the design.
Will Etsy ban me for a DMCA claim?
Not for one or two. But if you get multiple claims, Etsy might start watching your shop more closely.
How long does it take for my listing to come back?
If no lawsuit happens, Etsy puts it back up in about 10-14 business days.
Can I just tweak the design and upload it again?
That depends. If it’s too similar, you might get another takedown. Make real changes.
Recommended Tools For Etsy
Design Nexus newsletter – Get simplified Etsy tips and modern marketing strategies — plus a free Digital Product Starter Kit!
Creative But Fine newsletter – This is your source if you want more detailed guides about Etsy and graphic design.
I have made an entire section of helpful and mostly free tools you can use to build a successful online business on Etsy. See the tools here.
Kittl – A go-to place for any person, who wants to make money with print-on-demand on Etsy.
Creative Fabrica. They have millions of cheap graphics that can elevate your t-shirt design.
Vectorizer – This tool transforms your image into a vector with seconds. scalable without losing the quality.
Disclosure: Some of the links above may contain affiliate partnerships, meaning, at no additional cost to you, NechEmpire may earn a commission if you click through to make a purchase.
I'm Miroslav, a passionate graphic designer, Etsy seller and AI enthusiast. At NechEmpire, I'm here to share my knowledge and skills. I want to turn your design passion into a successful online business.
