How to file a DMCA takedown for an NFT

Whether you love them, hate them or don’t understand them, NFTs are here to stay. But as their popularity grows, so does the risk of copyright infringement. But what should you do if someone creates an NFT that illegally uses your copyrighted material?

One option is to submit a Digital Millennium Copyright Act (DMCA) takedown request. Let’s look at the steps involved in submitting a DMCA takedown request for an NFT.

Submitting a DMCA takedown request for an NFT

NFTs are created using blockchain technology. The decentralized nature of the blockchain is designed to protect the ownership and authenticity of NFT. In principle, this works perfectly when protecting ownership of an NFT, but it creates complications if an NFT contains material that infringes your copyright.

In practice, the blockchain will always contain an overview of the offending NFT’s existence. However, it is possible to have NFT removed from the platform or marketplace that sells it. This is where the DMCA can help. The DMCA takedown is designed to protect your copyright.

Below are the steps you need to follow to submit a DMCA takedown request.

1. Identify the offending NFT

The first step is to identify the NFT that contains your copyrighted material. You must provide proof that you own the material and that it has been used in the creation of an NFT.

The evidence that can be presented includes:

1. Proof of ownership: You must be able to prove that you own the copyright to the infringing material. This can be in the form of a contract, a copyright registration certificate or other legal documentation that confirms that you are the rightful owner.
2. Evidence of violation: The next step is to gather evidence that NFT is infringing your copyright. This can be in the form of a screenshot of the NFT or, more preferably, a link to the NFT on the platform on which it is sold.
3. Identification of copyrighted material: It is important to note that you must identify the copyrighted material. This may include the name of the work, the author, and any other supporting evidence that may help identify you as the rightful owner.

It is important to gather all necessary evidence to make your DMCA takedown request successful. It is worth taking the time to be as diligent as possible here before moving on to the next step in the process.

2. Follow the DMCA takedown procedure for NFT Marketplace

Each NFT marketplace has its own DMCA takedown procedures. Below is the list of the most popular marketplaces with links to their DMCA takedown pages:

1. Open sea: OpenSea is one of the largest NFT marketplaces. You must submit your DMCA takedown request via OpenSea’s IP Takedown Request form.

   

2. Known Origin: You must email [email protected] to submit a DMCA takedown request.
3. Rare: Rarible offers three options for initiating a DMCA takedown. The first is to use the report option available on every NFT.

   

   Alternatively, a DMCA takedown request can be submitted via email or physical mail. The email address is [email protected] and the address can be found on the Rarible page.

4. Foundation: You can either email your DMCA takedown details to [email protected] or navigate to the Foundation DMCA Report Form.
5. SuperRare: SuperRare has provided an email address to allow you to report content. Your DMCA takedown request should be sent by email to [email protected].

These are just some of the most popular NFT marketplaces. For other marketplaces, the easiest way to find the correct procedure is to navigate to the help pages and search for DMCA takedown or similar terms.

3. Drafting of the DMCA Takedown Request

The way you submit your DMCA takedown request may vary in each marketplace. But the information you need to include in the request is pretty consistent across the board. Most DMCA requests require you to provide the following information:

• Name and contact information.
• A description of the relevant material and its URL.
• A personal statement stating that you have a good faith belief that the use of your material is not authorized by you or others acting on your behalf.
• It should also note that the information in your request is accurate and that you are the copyright owner (or are acting on behalf of the copyright owner). It should be noted that this is a legal statement and is under penalty of perjury if false information is knowingly provided.
• Your physical or electronic signature.

Once you have submitted the DMCA and the truth of your claim has been verified, the platform should remove the item from the marketplace. It is a good practice to monitor the platform after a successful DMCA takedown to ensure that your work has been removed and remains unavailable.

Protection of your intellectual property

It can be heartbreaking to find out that others are profiting from all the time, work and passion you put into your artwork. If you find an NFT unfairly profiting from your work, the best course of action is to file a DMCA takedown request.