Effective from 3 September 2023
Depop takes intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorised parties can submit reports of infringement regarding content on our marketplace and how Depop sellers can respond when their listings or shops are affected by a report.
This policy forms part of our Terms of Service.
- Depop’s Role
Depop is a fashion marketplace of individual third-party sellers who run their own shops, create their own policies, and are responsible for their inventory, shipping items, and complying with the law. Depop does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded to Depop is generated by independent sellers who are not employees, agents or representatives of Depop. Sellers are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.
Depop reserves the right to disable any listing, shop, or account that we believe violates our Terms of Service, including this Intellectual Property Policy or our Prohibited Items Policy. Depop also reserves the right to take action against abusers of Depop’s Intellectual Property Policy or our Terms of Service.
Depop can’t speak on behalf of intellectual property owners, nor is Depop in a position to offer legal advice or make legal determinations whether a shop’s content or an item infringes someone else’s intellectual property. Depop will remove material cited for alleged intellectual property infringement when provided with a report that complies with our policies.
- Reports of Intellectual Property Infringement
Depop aims to respond quickly when we receive a report of intellectual property infringement that complies with our policies by removing or disabling access to the allegedly infringing material. When Depop removes or disables access in response to a report, Depop makes a reasonable attempt to contact the affected user, provide information about the report and removal and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. Depop may also provide a copy of the infringement report, including the name and email address of the reporting party, to the affected user.
To submit a report of alleged infringement, submit an Infringement Notice by email to report@depop.com or by post to Depop Limited, 2nd Floor, 20 Farringdon Road, London, United Kingdom, EC1M 3HE. Please include the following information in the Infringement Notice:
- Your name and contact details.
- A statement explaining in detail why you consider that the content infringes your rights or fails to comply with our Terms of Service.
- A link to (or a way to help us identify) the relevant content.
Depop may request additional information before processing a report, such as a letter of authorisation from the rights owner, identity verification of the reporting party or other documentation regarding the claimed right.
If you misrepresent that material is infringing, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material is infringing, please contact an attorney before submitting a notice to Depop. Depop may reject reports of infringement or counter notices that contain information we believe is false, fraudulent, incomplete or otherwise submitted in bad faith. Depop also reserves the right to take action against abusers of this policy, including account termination or other legal consequences.
- Counter Notice
In accordance with the Digital Millennium Copyright Act (DMCA), Depop accepts counter notices for U.S.-based copyright infringement reports. In those cases, when Depop receives a DMCA counter notice, we will provide a copy of the counter notice to the original complaining party. The removed material may be replaced or access to it may be restored 10 business days after the counter notice is processed, unless the copyright owner files an action seeking a court order restraining the allegedly infringing party from relisting the items, and informs Depop of this action. [Read more about DMCA notices, counter notices, and requirements here.]
- Repeat Infringement
Depop terminates the accounts of users who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at Depop’s discretion. If we believe a user has attempted to open a new Depop shop after termination of an account, we reserve the right to refuse all services to that user. These actions apply to any accounts we believe are associated with or operated by the affected user. Per our Terms of Service, Depop reserves the right to terminate user accounts at any time, for any reason.
- Withdrawals
Depop only accepts withdrawals of infringement reports directly from the intellectual property owner or authorised representative who submitted the claim. The withdrawal must clearly state that it is a formal withdrawal and sufficiently identify the user and/or content (such as by providing the username and Depop listing URLs).
Once Depop receives a formal withdrawal of an infringement report, Depop will contact the withdrawing party to confirm receipt and will notify the affected user of the withdrawal. Please note that infringement matters are reviewed on a case-by-case basis, and withdrawals do not guarantee changes to a user’s shop status.