While these models are not MW Exclusive, the license I provided is CC-BY-NC-ND hence, selling of either digital or physical copies of the model is not allowed.
So I went to Etsy’s Reporting Portal and did the following:
Created an IP Owner record to which I put chiz_m as the IP Owner.
Added IP records for each of my models with type set to other. I thought of choosing other since there’s no selection in Etsy for “3d models”. They have options for Copyright, Trademark and Patent and I thought my models don’t fit in any of those.
After doing all of these, I got the rejection letter from Etsy, without any explanation of what information that I could be missing in my claim. I provided my profile page in MW showing the same models with the same pictures and I’m not sure what other proof Etsy requires.
Note that this is the second time I got rejected. At this point, I’ve no clue what should I do or what I’m doing wrong in my request. Appreciate if anyone can share some best practices on how to get successful Etsy takedown requests.
This is a legal process, they are expect legal entities to be filing (your name or your corporation), not made up user names like chiz_m. That alone could have been the basis of the rejection.
You made a mistake in choosing other. It’s a copyright claim.
If you fail again after fixing those, trying sending them a DMCA claim via their registered agent.
I just looked at your items, another problem might be that Etsy is questioning if you are trying to assert rights on the Minecraft trademark (which you would not be authorized to do), or that you might be using that trademark without their permission. I’m not saying that should invalidate your claim (for all they know you have secured the use of the trademark by following this process) but it might be another factor.
I’m using name as chiz_m coz I feel that it has to match the profile page I’m providing as reference. I did provide my full name in my Etsy profile.
If I understand you correctly, are you saying I should change to IP category from “other” to copyright? That’s even though obviously, I don’t hold the copyright to Minecraft itself.
How do I send them a DMCA claim via their registered agent? Should I send the seller the DMCA claim instead? Although the seller has not responded to my message requesting taking down his/her listing prior to me reporting to Etsy.
Yes. There is some ambiguity as to whether copyright applies to 3d printed objects from a STL file but they aren’t going to chance it. So that ambiguity works in your favor. Note in claiming a copyright or license violation you must be absolutely certain that they didn’t obtain the file under a different license (was it ever available without NC?).
In this case it would likely be a trademark instead of copyright, but like I said for all they know you are authorized to use that trademark.
DMCA applies to etsy, not the seller. So you send it to etsy.
Note I’m not a lawyer and it isn’t my intention to be giving you legal advice.
Provide your real name and address. You have to choose copyright infringement. Looks like you got all the other basses covered. I had several denied as well until I figured out how to do it.
For mine I used the model page. And in the IP description I said something similar to what you wrote. Once I got all the information right, they’ve approved it every time. I’ve had them pull my stuff off of maybe 40 Etsy stores in the last couple weeks.
To say that I’m frustrated is an understatement. On the one hand I don’t understand why Etsy is set on aiding model theft but then I see that they are willing to support other creators claims and then it feels personal. Both not a really good feeling, all the while some sad little nothing of a person is still selling my design for profit. I’ve reported again and will share the source files but after that I’m out of ideas
100% this is based on them knowing full well no lawyer on earth is going to take a case of someone’s copyright infringement being copyright infringed, so they know there’s no teeth to the DMCA notice. If Microsoft sends them a DMCA they’ll pull it in a nanosecond, otherwise I doubt they’re going to do anything at all.
This is what my summary looked like when my claim was approved. I had two three other claims denied before it. As far as I can remember, selecting ‘copyright’ was the right thing to select.
