Content that infringes on the intellectual property rights of other individuals, including copyright, may be removed for violating our Terms of Service.
Pursuant to the Digital Millennium Copyright Act (DMCA), OpenSea responds to takedown requests submitted by individuals who believe content on the site violates their copyright.
As part of this process, users whose content has been removed on the basis of alleged copyright infringement are entitled to submit a counter-notice. A counter-notice is a legal request for OpenSea to reinstate content that has been taken down for alleged copyright infringement.
Content removed on the basis of trademark or right of publicity infringement are not eligible for appeal through the DMCA counter-notice process.
Am I eligible to submit a copyright counter-notice?
You may submit a copyright counter-notice if:
- The complainant is alleging copyright infringement on the content in question;
- You are the copyright owner or the copyright owner’s legal representative; and
- The content was removed due to a mistake or misidentification of the material, including disputes as to whether the material has been altered in a way that can be considered "Fair Use"
If not all of these conditions are met, we will be unable to process your request and the content in question will not be reinstated on OpenSea.
How can I submit a copyright counter-notice?
To submit a counter-notice, please adhere to the following:
- Ensure that you meet all of the aforementioned legal requirements.
- Include all of the requisite information as outlined in this sample counter-notice template, including:
- A description of the removed material.
- A url where the material was posted.
- A statement declaring that, under penalty of perjury, you have a good faith belief that the material was removed in error.
- Your physical address, telephone number, or email address.
- A statement declaring that you consent to the jurisdiction of the federal district court for the judicial district in which you reside.
- Your full legal name.
- Your physical or electronic signature.
- Email your counter-notice to email@example.com (preferred) or mail it to our physical address:
Ozone Networks, Inc.
Attn: Copyright Agent
228 Park Ave S, #22014, New York, NY 10003
What happens after I submit my counter-notice?
Upon receipt of your counter-notice, we will evaluate it for completeness and authenticity. If it meets our requirements, we will forward a copy to the complainant. Please note that any personal information included in the counter-notice will also be forwarded.
Pursuant to the DMCA, the complainant will have 10 business days to reply to your counter-notice. If they do not file a court action and forward us proof of their filing within this time period, your content will be relisted on OpenSea.