What to do if a seller files a counter-notice

It is the seller's written answer to your notice. To be valid under the law it must include:

• The seller's signature (physical or electronic).
• Identification of the removed material and where it appeared before removal.
• A statement, under penalty of perjury, that the seller believes the material was removed as a result of mistake or misidentification.
• The seller's name, address and phone number, and consent to the jurisdiction of a US federal court, plus agreement to accept service of process from you.

The platform passes a copy of the counter-notice to you and tells the seller it will put the material back in 10 business days. It must put the material back not less than 10 and not more than 14 business days after it receives the counter-notice, unless you tell the platform within that time that you have started a court action to stop the seller.

So the listing may come back unless you either start a court action or decide not to pursue the matter. Platforms can also have their own rules on top of this, so read the message you receive from them.

• Compare the listing with your original again. Is it really your work, or only similar?
• Look at what the seller says: a licence, a mistake, a different artist, or a claim of their own?
• Check your evidence: working files, dates and first publication (see how to prove you made your artwork).

If you now think it was a mistake (a licensed use, a misidentified design), let it go and, if you can, tell the platform that you withdraw the notice. A claim that you know is wrong can create liability under 17 U.S.C. 512(f).

If you are sure the work is yours and the use was not allowed, the next step is a court action. That usually needs a lawyer, costs money and takes time, and the cost may be more than the value of the sale. Talk to an expert before deciding. Some artists' rights organisations give advice to members.

If you are not sure, do not escalate. Gather more evidence first. It is fine to take time over this.

• A polite direct message to the seller, if you have not tried one. Sometimes the conversation ends the matter.
• A report to the host of the seller's own website, if they sell from one.
• Other platforms where the same copy is sold: a counter-notice on one platform does not stop a notice on another.

• Threats or public accusations before you know the facts.
• Filing the same notice again as if nothing happened.
• Statements you cannot support: describe what you can show.

Note the dates of your notice, the platform's reply and the counter-notice. If you want help noticing copies earlier, TraceMyAssets checks the artworks you register on a schedule and shows possible matches for you to review. A match is a possible match, never proof, and we only see public pages that a search engine indexes. You decide what to do and you send everything yourself.

See how to file a DMCA takedown on Etsy and what to do when you find a copy of your artwork.

Does the listing always come back? Under US law the platform must restore it after 10 to 14 business days unless you tell it you have started a court action. Platforms may have their own rules as well.

Do I need a lawyer? You do not need one to receive a counter-notice, but a court action usually needs one. If the matter is worth it to you, ask for advice early.