How Esano handles copyright claims (DMCA)

Updated

Esano responds to written copyright infringement notices that comply with the Digital Millennium Copyright Act (DMCA). Esano's copyright policy is part of its Terms and Conditions at esano.com/terms-of-use.

How the policy works

Esano is a marketplace. Independent sellers, which the terms call Retailers, list and sell their own products. The terms say Esano serves as a venue for them and doesn't control the products they offer.

The policy says Esano takes copyright claims seriously and won't tolerate copyright infringement. Under the policy:

Esano also says it cannot review all material before it is posted and can't guarantee that objectionable material is removed quickly. It can act on material it finds on its own, as well as on notices.

Esano's designated copyright agent to receive DMCA notices is:

Send DMCA notices and counter notices to the agent. Esano's terms direct everything else, such as general questions and technical support, to customerservice@esano.com. You can also use the contact page.

Why notices have to follow the law

The terms state that if a notice doesn't meet all of the requirements of Section 512(c)(3) of the DMCA, it may not be effective. The same applies on the other side. Both notices and counter notices carry a warning: if you knowingly and materially misrepresent that material is infringing, or that it was removed by mistake, you may be liable for damages, including costs and attorneys' fees, under Section 512(f) of the DMCA.

Only file a notice or counter notice if you honestly believe what you are saying.

What sellers agree to

When you open a shop, you agree to follow Esano's DMCA policy. In the Retailer Terms, you also promise to abide by any DMCA take-down notices or other requests from Esano, and you agree to cover Esano's losses from claims that your products infringe someone's rights. See Esano seller terms in plain language.

Esano can also remove content it believes infringes anyone's intellectual property rights, without waiting for a formal notice. It can share the identity of a poster with a third party who claims the poster violated their rights.

The DMCA process only covers copyright. For scams, spam or other problems, see Report a listing or shop. For what sellers can and can't list, see What's not allowed on Esano.

Common questions

Does Esano respond to every copyright complaint?

Esano responds to notices of alleged infringement that comply with applicable law. Notices that miss the DMCA requirements may not be effective.

Where do I send a DMCA notice?

Send it in writing to Esano's designated copyright agent, Collin R. Walke at Hall Estill, using the details on this page. Don't send it to customer service.

More in Copyright and intellectual property

Still need help?

Email customerservice@esano.com or call 888-463-7051 (toll-free). Include your order number if you have one.

Contact Esano support