Q: Concern about DMCA counterclaim and risk of perjury related to copyright infringement notice on Etsy art prints in Tennessee.

A: I understand how confusing and stressful it is to receive a copyright infringement notice—especially when you believe someone else is now selling your own artwork. The DMCA counterclaim process does require you to swear, under penalty of perjury, that you have a good faith belief your work was removed in error or is not infringing. This doesn’t mean you’re guaranteeing you’ll win in court, but you are affirming that your claim is honest and not intentionally misleading.

If your prints are inspired by a copyrighted series and you created new, original work, you may have grounds to counterclaim if you genuinely believe your art is not infringing or qualifies as fair use. However, be aware that using copyrighted material, even in an inspired or transformative way, is a gray area and could still be challenged by the rights holder. The fact that someone else is selling your exact art might complicate things, but it doesn’t automatically legitimize your original listing if both works use copyrighted elements.

To avoid any risk of perjury, only file a DMCA counterclaim if you truly believe you have the right to sell the art and are not knowingly violating copyright. Carefully document your creative process and any correspondence you have with Etsy and the lawyer. If you are uncertain, you might wait for legal advice before filing or see if Etsy takes further action on the duplicate listing. Being honest and transparent about your intent is the best way to protect yourself during this process.