Counter Notice FAQ

What is a counter notice? 

A counter notice is a formal response to contest the removal of an artwork in response to a Notice & Takedown Report (“takedown notice”). If you believe the removal of your artwork was the result of misidentification or a mistake – for example, that you have authorization to use said content, or that your artwork qualifies as fair use – we welcome you to submit your counter notice here.

When should I consider submitting a counter notice? 

If you believe that the takedown notice was issued in error or if you have the legal right to use the content in question. This might include situations where you have original rights to the artwork, or if you believe the takedown was based on incorrect information.

How do I know if I'm eligible to submit a counter notice? 

You may be eligible to submit a counter notice if you are the rightful owner of the artwork in question, or if you have obtained the necessary permissions or licenses to use the content.

What information should I include in my counter notice? 

Your counter notice should include:

  • Your full name, contact information, and email address
  • A clear statement expressing your intention to contest the takedown notice
  • A description of the artwork in question, including the URL where the artwork was located on the Redbubble marketplace (you can find this in the notice sent to you regarding the removal)
  • A detailed explanation of why you believe the takedown was incorrect
  • Any supporting evidence or documentation you may have
What kind of evidence should I provide? 

Evidence might include original creation files, timestamps, contracts, licenses, or any other documents that demonstrate your legal right to use the content.

I have some concerns about my privacy. Will my personal information be shared?

We completely understand your concern about the potential exposure of your personal information in a counter notice. Your privacy is of utmost importance, and it's essential that you feel secure in this process.

Rest assured that Redbubble's counter notice policy follows legal protocols and is handled with the utmost care. Personal information is only disclosed to the parties directly involved such as the complainant and their legal representatives, as required by law and are not publicly shared.

Is there a deadline for submitting a counter notice? 

No, you can submit a counter notice at any time.

What happens after I submit a counter notice? 

Our team will review your counter notice and affected listing in accordance with our User Agreement and IP/Publicity Rights Policy, and against the information provided by the complainant in the Notice & Takedown Report regarding their intellectual property concerns. You will then receive a response from us informing you of one of the below next-steps.

  1. We have forwarded your counter notice directly to the complainant.
  2. Your counter notice has not been forwarded to the complainant because your artwork is not eligible for reinstatement.
  3. We need further information from you in order to determine whether your counter notice is substantiated and whether your listing may be eligible for reinstatement.
If my counter notice is forwarded, how long will it take for my artwork to be reinstated?

It depends. If we have forwarded your counter notice to the complainant, they now have 14 days to get in touch with you and/or take legal action against you. Redbubble is not involved at this stage and won’t have any details. If the complainant has not contacted you within 14 days, you may contact us to request that we reinstate your artwork. We will then do a final evaluation of your listing and counter notice to determine whether it can be reinstated.

Can I have some advice on my counter notice?

While we can't provide legal advice, we can offer general guidance on submitting a counter notice. If you're uncertain about the legal aspects, we recommend that you reach out to a legal representative outside of Redbubble, such as an intellectual property lawyer.

Remember, this FAQ provides general guidance and is not a substitute for legal advice. If you have specific legal concerns, consult with a legal representative.