DMCA Notice & Counter-Notice
Draft — pending attorney review. This document was prepared by Klatchit and has not yet been reviewed by outside counsel. It states how Klatchit actually operates and we intend to be bound by it, but it is not legal advice and may change once reviewed.
Klatchit responds to notices of claimed copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. §512, and terminates the accounts of repeat infringers under our Intellectual Property Policy.
Where to send a notice
File a copyright notice through our online portal. It collects every element §512(c)(3) requires, confirms your email, and starts a tracked review with a response deadline:
Report intellectual-property infringement →
A notice may also be emailed to legal@klatchit.com. An emailed notice must contain all six elements listed below; one that does not is not effective and we will ask you to refile through the portal.
What a notice must contain (§512(c)(3))
A notice that omits any of these is not a valid notice, and the law does not require us to act on it. The portal asks for all six.
- A signature. A physical or electronic signature of the copyright owner, or of a person authorized to act on their behalf.
- The work. Identification of the copyrighted work claimed to have been infringed — or, if a single notice covers multiple works at one site, a representative list of them.
- The material. Identification of the material claimed to be infringing, with enough detail for us to locate it. On Klatchit, that means the listing URL or the listing ID; a store name alone is not enough.
- Your contact details. Information reasonably sufficient for us to contact you: address, telephone number, and email address.
- A good-faith statement. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- An accuracy statement, under penalty of perjury. A statement that the information in the notice is accurate, and — under penalty of perjury — that you are the copyright owner or authorized to act on their behalf.
Under §512(f), a person who knowingly misrepresents that material is infringing is liable for the damages that misrepresentation causes, including the alleged infringer's costs and attorneys' fees. Klatchit tracks the reversal record of every claimant and pauses filing by those whose takedowns keep being overturned.
Counter-notice (§512(g))
A seller whose listing we removed on a copyright notice may send a counter-notice. It must include the seller's signature; identification of the removed material and where it appeared; a statement under penalty of perjury that they have a good-faith belief the material was removed as a result of mistake or misidentification; and their name, address, and telephone number, together with consent to the jurisdiction of the federal district court for their district (or, outside the United States, any district in which Klatchit may be found) and consent to accept service of process from the person who filed the notice.
Once a complete counter-notice is received:
- Klatchit promptly forwards a copy to the person who filed the original notice, including the seller's contact details and consent to jurisdiction, and tells them the material will be restored unless they go to court.
- 14 days after that copy is forwarded, the listing becomes eligible for restoration. The clock starts on the forwarding, not on the filing — a counter-notice we could not deliver has not started it.
- If the claimant notifies us within that window that they have filed a court action seeking to restrain the seller from the activity, the listing stays down pending the outcome.
- Otherwise the listing is restored to the state it was in before the takedown, and the strike behind the removal is revoked.
Sellers file from their IP notices page, which pre-fills the claim details and records the sworn statements. The §512(g) restoration duty is a copyright rule, so this timeline applies to copyright removals; disputes of counterfeit, trademark, gray-market, and expired-or-altered findings are reviewed through the same page but carry no statutory restoration clock.
Repeat infringers
Klatchit has adopted and reasonably implements a policy of terminating, in appropriate circumstances, the accounts of sellers who are repeat infringers. The exact thresholds — what each upheld claim is worth, how long a strike counts, and the point totals that warn, suspend, and close an account — are published in full on the Intellectual Property Policy, read live from the same settings the enforcement system runs on.
This page describes Klatchit's process and is not legal advice. If you are unsure whether to file a notice or a counter-notice, talk to a lawyer — both are made under penalty of perjury.