Can a DMCA claim take down a product on a online if the

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• Did you get the DMCA takedown notice yourself or are you trying to send it?

I see! I need to get my bearing straight on this. Did you receive a DMCA notice at all?

Thanks!

Are you wondering if they can do it for the product as well?

Sure thing!

I'm trying to get some facts before I answer or else I'm no good to you. A quick answer may seem good, but a quick answer is often wrong.

Are you selling an identical item or are you a retailer for the item?

Got it! You're just wondering if they can do the DMCA for the photo and the necklace, correct?

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Generally, a person can send a DMCA takedown notice if you are infringing on the copyright they have over the necklace.

The images you provided don't show up on my computer, unfortunately, but I can still answer generally.

Under Section 101 of the Copyright Act, original jewelry designs are considered “visual art”. This means that the law would generally allow them to copyright this. If it's not with the copyright office, it only means they can't sue you for infringing, but once they do file it, then they can sue for it in court. So my recommendation is to get any original designs you may have copyrighted ASAP.

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Thanks!

I don't have the ability to tell you whether it would be copyrighted for sure. Only a copyright agent could give you any idea and you won't know until and unless you submit the copyright. If it's not an original idea, then you can presume that the design cannot be copyrighted if it's not original.

Sure thing! So the only way you can do that is if you apply for the copyright.

No one can tell you for certain whether this can be copyrighted unless you apply for a copyright.

If you don't believe it can, and since I don't believe it can, it may not be worth your energy or money to do so.

I can completely respect that you'd want to know ahead of time, but it won't be possible In my best legal opinion and in my educated opinion, the answer is no.

I hear you! I can't 'see the image so I can't tell you with any certainty whether it would be copyrighted or not. Based on what you provided though, although designs can be copyrighted, it must be original.

I used the links, but the links do not let me access the images. In any event, my opinion doesn't really change in this case based on my understanding of the law and based on what you provided.

Did you have any other questions for me today?

It means no one else has the same design.

Not quite. Just because others are selling it doesn't mean it's not original. People can rip off someone else's design so if you got the design from someone else, it's not original to you, so you wouldn't be able get it copyrighted, but the creator of it can.

So he can make a DMCA claim, but he can't see it through if he doesn't have the copyright to it. The takedown would only be temporary and your appeal would force them to have it terminated.

So it allows people limited rights to enforce their copyright, but if they want to sue, they must have their copyright registered with the copyright office. So really a common law copyright is meaningless.

Correct. If they were going to do the DMCA takedown for the design, they would have already, so in the end, I wouldn't even worry about it as worrying about this will just cause you to lose sleep and valuable time on other projects.