Shopify DMCA Notice and Takedown Procedure

Shopify supports the protection of intellectual property and asks their users to do the same. It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”), the text of which can be found at the U.S. Copyright Office website, http://www.copyright.gov.

It is expected that all users of any part of Shopify will comply with applicable copyright laws. If, however, we receive proper notification of claimed copyright infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating the subscriber.

1. Infringement Notification

To file a notice of infringement with Shopify, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material, we suggest that you first contact a lawyer.

To expedite our ability to process your request, please use the following format:

  1. Identify with sufficient detail the copyrighted work that you believe has been infringed. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to the concerned material infringing your copyright (URL of a website or URL to a post, with title, date, name of the emitter), or link to initial post with sufficient data to find it.
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Shopify to locate the material;
  3. Information reasonably sufficient to permit Shopify to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  4. The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
  5. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
  6. Sign the document with either your physical or electronic signature; and
  7. Send the written communication to:

Shopify Inc.
Attn: Shopify DMCA Complaints
150 Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4

OR email to: abuse@shopify.com Attn: Shopify DMCA Complaints

Please include section numbers.

2. Counter Notification

The provider of the allegedly infringing content may make a counter notification pursuant to sections 512(g)(2) and (3) of the US Copyright Act.

To file a counter notification with us, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact a lawyer.

To expedite our ability to process your request, please use the following format:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  2. Your name, address, and telephone number;
  3. The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
  4. The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
  5. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
  6. Sign the document with your physical or electronic signature; and
  7. Send the written communication to:

Shopify Inc.
Attn: Shopify DMCA Complaints
150 Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4

OR email to: abuse@shopify.com Attn: Shopify DMCA Complaints

Please include section numbers.

Upon receiving a proper counter notification, Shopify will provide the person who sent the original infringement notification with a copy of the counter notification, and inform that person that Shopify will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system, pursuant to section 512(g)(2)(c).

3. Repeat Infringers

In accordance with Section 512(i)(1)(a) of the DMCA, Shopify will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

4. Designated Agent

Joseph Frasca General Counsel, Shopify Inc.
150 Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4

Email: abuse@shopify.com

Questions

Any questions about Shopify's DMCA Notice and Takedown Procedure should be addressed to abuse@shopify.com or by mail to:

Shopify Inc.
150 Elgin Street, 8th Floor
Ottawa, Ontario K2P 1L4
Canada