What happens when my resource is removed from LessonMakers.com for Intellectual Property Infringement under the DMCA process, e.g., are my earnings impacted?

Yes. If your resource(s) is in violation of our Intellectual Property policies, (i.e. your resource is permanently removed through the DMCA Notice & Takedown process), we will take the following steps in compliance with the law and our policies:

  • We immediately 1) remove your resource from the LessonMakers Marketplace so that it can no longer be purchased and 2) reach out to you to provide you with information about the removal.
  • Five business days later, if you have not filed a counter-notice, we will provide refunds to those Buyers who purchased your resource within a year of this removal. We do this because Buyers lose access to resources that are removed.
  • Your earnings from those refunded purchases will be deducted from your current or future earnings.

Where do the refunds from removed resources come from?

LessonMakers does not process refunds from LessonMakers’ PayPal or Stripe accounts, or any other bank account. Funds instead may be drawn either from current or future LessonMakers earnings as needed to cover the refunded amount.

What are my options if I don’t agree that my resource is infringing any intellectual property rights?

If you’ve received a takedown notice from LessonMakers.com about one or more of your resources and your resource is not actually infringing on that Rightsholder’s intellectual property rights, you can dispute the claim by submitting a Counter-Notice.

A Counter-Notice is a legal claim you make under penalty of perjury that your resource is not infringing on the Rightsholder’s intellectual property. It’s important to be aware that by sending a Counter-Notice, the next step for a Rightsholder can be to file a lawsuit to resolve the dispute. You should be prepared for this possibility if you choose to file a Counter-Notice.

LessonMakers.com will only process Counter-Notices which are valid, complete and submitted within five business days. If you’re uncertain that a Counter-Notice is right for you, we recommend speaking with an attorney who specializes in copyright and trademark law to advise you on your rights. LessonMakers is not able to provide legal guidance. Please be aware that if you misrepresent that your material is not infringing, you may be liable to the Rightsholder for damages, including costs and attorneys’ fees.

Once we’ve received your Counter-Notice, we will forward it to the Rightsholder for review. They will then have ten days to review your Counter-Notice and may either:

  1. Take legal action against you (e.g., file a lawsuit against you) if they disagree with your Counter-Notice. In this case, LessonMakers.com will remove your resources from Buyers and issue refunds. OR
  2. Not take any legal action against you. In this case, LessonMakers.com will reinstate your resource on the marketplace, will not remove it from Buyers, and will not issue refunds.

Still need help? Contact us via Contact Page or send an email to shine@lessonmakers.com