Content that infringes on the intellectual property rights of others, including copyright, trademark, and right of publicity violations, may be removed for violating our Terms of Service.
Pursuant to the Digital Millennium Copyright Act (DMCA), OpenSea maintains a notice and takedown process for alleged copyright infringement. In accordance with this U.S. federal law, OpenSea allows users to report content if they believe that it violates their copyright.
Though trademark and right of publicity violations are not addressed under the DMCA, OpenSea similarly allows users to request that an item, collection or account be taken down if they believe it violates their intellectual property rights. For more information about how OpenSea handles trademark takedown requests, read further in this article.
How does OpenSea process copyright and right of publicity requests?
Upon receiving a copyright or right of publicity takedown request, we evaluate the submission for completeness and authenticity. If we determine that a copyright takedown request fulfills the requirements of the DMCA, or is similarly complete for right of publicity takedown requests, we will delist the allegedly infringing content from our site. OpenSea does not make subjective determinations as to the legal merit of copyright claims.
When OpenSea delists a collection or item due to copyright infringement, we also take steps to inform the affected users. If we have an email on file for the creator of the delisted content, we will forward them a copy of the takedown request and will also provide instructions for filing a counter-notice. If we have an email on file for the owner of the delisted content, and they have opted to receive emails from OpenSea, we will email that user letting them know that item has been delisted.
As permitted under the DMCA, the affected user may submit a counter-notice in which they affirm their good faith belief that the content was delisted as a result of a mistake or misidentification. For more information on counter-notices, please visit our Help Center article.
What happens if the affected user files a counter-notice?
If the affected user files a copyright counter-notice, we will forward a copy to the complainant. After receiving a counter-notice, the complainant may choose to file a legal action seeking a court order to prevent the affected user from engaging in infringing activity. If they do not file a court action and forward us proof of their filing within 10 business days of receiving the counter-notice, pursuant to the DMCA, the content will be relisted on OpenSea.
In other words, if we receive a counter-notice, the original complainant will need to file a court action if they wish to prevent the allegedly infringing content from being reinstated on OpenSea. Additionally, under the DMCA, any person who knowingly misrepresents material as infringing will be liable for damages incurred by the alleged infringer due to their content being delisted. We strongly encourage users to keep these facts in mind when determining whether to submit a takedown request.
What constitutes a violation of OpenSea’s copyright policy?
A copyright is an exclusive legal right given to the creator over the ability to distribute a creative work. If you are unsure whether you own the rights to work on OpenSea, we recommend that you consult an attorney as we are unable to provide legal advice.
How does OpenSea process trademark takedown requests?
Trademark infringement is not covered by the DMCA, but OpenSea still maintains a notice and takedown process for allegedly infringing content.
If you want to submit a trademark takedown request, a full list of the information you’re required to provide is listed below. Most importantly, you’ll need to supply proof that you’re authorized to submit a takedown request, and a detailed explanation of how the NFT or collection at issue creates a likelihood of consumer confusion, which is the touchstone for trademark infringement.
After we receive your request, OpenSea will notify the NFT creator if we have their email address on file, and the NFT will remain visible on our platform while we conduct an investigation, which will be completed within 10 days. During this investigation, we’ll review your explanation and takedown request carefully to determine if the alleged trademark infringement is obvious.
If we determine that the infringement is obvious, the NFT or collection will be delisted from OpenSea, and we will notify the creator if we have their email.
If the infringement is not obvious, OpenSea will inform you (the rightsholder) and will keep the NFTs visible on OpenSea. In such cases, we will only take action if there has been a legal adjudication of trademark infringement.
It is important to note that OpenSea is not in a position to adjudicate disputes between third parties and cannot determine the legal merits of trademark claims. Our determination in a specific case that trademark infringement was obvious is based solely on the information provided to us during our investigation and does not constitute a legal concession. This determination cannot be used by any party as evidence or to enforce their rights in other forums.
How can I file an intellectual property takedown request?
To request that a collection or item be taken down because you believe that it violates your intellectual property rights, please review our Prohibited Content & Disputed Items Policy for information about how to make a report.