Brittany RatelleOwner, Ratelle Law · Creator Attorney at Ratelle Law

How To FIGHT A DMCA Takedown (part 2)

Name: How To FIGHT A DMCA Takedown (part 2)
Uploaded: 2023-07-05T14:50:00+00:00
Duration: 41 s
Channel: Brittany Ratelle
Description: In this segment of the YouTube tutorial, the presenter explains that simple, commonplace visual elements—such as apples, leaves, polka dots, mason jars…

5 Jul 2023 · 1 min

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In this segment of the YouTube tutorial, the presenter explains that simple, commonplace visual elements—such as apples, leaves, polka dots, mason jars, mountains, or suns—are not eligible for copyright protection and can be freely used by anyone. The speaker then outlines the third step in contesting a DMCA takedown: filing a DMCA counter‑notice. By doing so, the claimant is given a ten‑day window to either file an infringement lawsuit or abandon the claim. The presenter notes that in the overwhelming majority of cases the claimant does not sue, allowing the seller to relist the product and continue business operations.

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If a design is rather simple, has a commonplace motif or design or element, think like apple, leaf, polka dot, mason jar, something like mountains or sun. These are simple designs that are commonplace in a lot of things and they're not eligible for copyright protection. That means you can use them and so can other people. Step 3: File a counter notice. Make the other party put money where their mouth is. It means they have 10 days to actually launch an infringement lawsuit against you or they need to shut up about it and go away. And let you move on with relisting your products, solving problems, and making money. 99% of the time they won't file a suit and you'll be able to move on with your life and in your business.