Two Different Reporting Systems - and Why It Matters Which One You Use
Etsy has two separate systems for reporting problematic listings:
- The "Report this listing" button - visible on every listing. This goes to Etsy's general trust and safety moderation queue. It's designed for spam, prohibited items, and community guideline violations. IP infringement reports submitted here are often re-routed, delayed, or deprioritized.
- The Intellectual Property Reporting Tool - accessed at etsy.com/legal/ip/report. This is the dedicated portal for copyright, trademark, and other IP claims. Reports submitted here go directly to Etsy's IP compliance team and are processed under DMCA procedures.
Always use the IP Reporting Tool for copyright infringement claims. It's the difference between a legally binding DMCA takedown notice and a complaint in a general moderation queue.
Before You Report: Confirm You Have a Valid Copyright Claim
Not every copycat situation is a copyright infringement case. Copyright protects:
- Original photos you took or paid a photographer to take
- Original written descriptions you created
- Original digital artwork, designs, SVG files, and templates you created
- Original videos you filmed or produced
Copyright does NOT protect:
- Product ideas or concepts ("someone is selling the same type of item I sell")
- Functional features or processes
- Common phrases or short titles (these may be trademark issues)
- Facts or information
- Work created by someone else that you purchased the physical product from
If someone is selling a visually similar product but took their own photos and wrote their own description, copyright won't help you. Look into trade dress, trademark, or design patent instead.
One important point: this copyright protection applies regardless of where you sell or where the copying occurs. Whether your original work appears in an Etsy shop, on your own independent website, through a Shopify store, or sold through any other channel, the same automatic copyright covers it everywhere. The enforcement process described in this article is not limited to marketplace infringement. Sellers operating their own websites have the same rights and can use the same DMCA framework to file against copying on competing sites, on platforms, and on any online channel where their work appears without authorization.
Step-by-Step: Reporting Copyright Infringement on Etsy
Step 1: Gather Your Documentation
Before opening the report form, have these ready:
- The full URL of the infringing listing (etsy.com/listing/XXXXXXXXX)
- Screenshots of the infringing content
- The URL where your original work appears (your Etsy shop, website, social media)
- Evidence of your creation date (original files, early posts, order history)
Step 2: Access the IP Reporting Tool
Navigate to etsy.com/legal/ip/report. Log into your Etsy account when prompted. Select "Report a listing for copyright infringement."
Step 3: Select the Correct Infringement Type
The form asks you to identify what type of IP right is being infringed:
- Copyright - Your original photos, text, digital files are copied
- Trademark - Your brand name, logo, or slogan is being used
- Design Patent - A patented ornamental design is copied
Select Copyright. Selecting the wrong category means your notice will be evaluated under the wrong legal framework and may be dismissed.
Step 4: Describe Your Copyrighted Work
Be specific. "My photos" is not enough. Your description needs to identify the specific works you own, where they exist online, approximately when they were created, and enough detail about the creative choices involved that Etsy's team can unambiguously understand what you're claiming.
The stronger your description of the original work, the clearer it is that you created it first and the other seller copied it.
Step 5: Identify the Infringing Material
Paste the full URL of the infringing listing. Then describe specifically which elements are copied -- name individual image numbers, quote the first few words of copied text, identify which design elements appear in both listings. Vague statements give platforms room to claim they couldn't determine what was actually alleged.
Step 6: Complete the Sworn Statements
This is the section most sellers get wrong -- and it's why valid infringement reports get dismissed on a technicality.
Your notice must include two specific sworn statements: a good faith belief statement and an accuracy and authority declaration under penalty of perjury. Both are required by statute. Both must use language that tracks the exact wording of 17 U.S.C. § 512(c)(3). Paraphrasing either one creates a legally defective notice.
Etsy's form has checkboxes for these when you use their portal. If you file any other way, you need to include the full statutory language in writing. The exact required language is included in the Etsy IP Defense Kit templates.
Step 7: Provide Your Contact Information and Sign
Include your full legal name, physical address (PO box accepted), email, and phone number. Type your full name as an electronic signature.
Step 8: Submit and Record Your Case Number
After submission, Etsy emails you a case number. Keep it. You'll need it for follow-up.
How to Follow Up If Etsy Doesn't Act
If you haven't received a resolution within 5 business days:
- Email copyright@etsy.com with your case number in the subject line
- Request a status update and confirm your notice was complete
- If your notice was rejected, ask which specific element was missing or defective
- Resubmit with corrections if needed
For persistent non-response, see our guide on fighting back against Etsy IP theft, which covers escalation strategies beyond the standard reporting process.
Reporting Multiple Listings or a Serial Infringer
If the same seller has copied multiple listings of yours, you can include all of them in a single DMCA notice. List each infringing URL separately in the "location of infringing material" section.
If this seller is a repeat offender - you've successfully had their listings removed before and they've posted new copies - note this in your report. Under Etsy's Repeat Infringer Policy, sellers with multiple substantiated IP violations face account termination.
What Happens to the Infringing Seller
When Etsy receives a valid copyright report:
- The listing is taken down and the seller is notified
- The seller can file a counter-notice if they dispute your claim
- A record of the IP violation is added to their account
- Multiple violations can lead to account suspension
If the seller files a counter-notice and you don't respond with a lawsuit within 10–14 business days, Etsy is legally required to restore the listing. This is rarely worth fighting unless the infringement is causing significant ongoing damage.
Speed Up Your Process With Pre-Written Templates
Writing a legally complete DMCA notice from scratch takes time and legal knowledge most sellers don't have. One wrong phrase and the whole notice is rejected.
The Etsy IP Defense Kit (sellerdefensekit.com) includes 5 ready-to-file templates - DMCA Notice, Cease & Desist, Counter-Notice, Platform Escalation Letter, and Repeat Infringer Warning - each pre-loaded with required legal language. Fill in your specifics, submit, done. $27 one-time, instant download.
Also read: How to File a DMCA on Etsy and DMCA Takedown Notice Etsy Template.
- Use the IP portal at etsy.com/legal/ip/report - not the flag button on the listing
- Select "Copyright" - choosing the wrong infringement type causes dismissal
- Both sworn statements are required - most rejections happen because one is missing
- Follow up at copyright@etsy.com if no response in 5 business days
- Multiple successful takedowns from the same seller can trigger account suspension
For DMCA procedures and seller rights, see copyright.gov/dmca. Etsy's full IP reporting policy is at etsy.com/legal/intellectual-property. For step-by-step templates for every stage of the process, visit the Etsy IP Defense Kit homepage.