IP Compliance Program

Updated February 15, 2024

Notification of Copyright Infringement

Evernote respects the intellectual property rights of others and expects our users to do the same.

If you believe your copyrighted work has been used in a way that constitutes an infringement of your rights, please notify Evernote’s designated copyright agent. We will respond and/or take action on all complete and qualified notices in a timely manner, and we reserve the right to communicate with you via email or other means.

To submit a complete and qualified notice:

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please send the following information to our designated copyright agent as contemplated by the United States Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512:

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
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 Evernote to locate the material, such as the Web page URL(s) within the Evernote Service containing the copyrighted work that you claim has been infringed and, if possible, please also include the contact information for the person you believe responsible for the infringing act in connection with that work, and describe the Content on the page(s) you believe infringes upon the work identified in item (1) above, including whether the Content is an image (and describe it in detail) or written work (including the text of the copyrighted work).
Include the statements:
“I have a good faith belief that use of the materials described above as allegedly infringing is not authorized by the copyright owner of the intellectual property rights therein, its agent or the law.”
“The information in this notice is accurate.”
“I state under penalty of perjury that I am the owner, or an agent authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your mailing address, telephone number and e-mail address. If you are submitting a notice on behalf of an entity, provide the entity’s name along with your job title, job position, or role with the entity.
Provide the full legal name and physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or exclusive copyright right that is allegedly infringed.

Deliver the Notice, with all the items completed to Evernote’s Designated Copyright Agent:

Please note that we may reproduce any legal notice we receive to send to a third party for publication and annotation, and we may post your notice in place of any removed Content.

Please be aware that if you knowingly materially misrepresent that material or activity is infringing your copyright, you may be held liable for damages (including costs and attorneys fees) under Section 512(f) of the DMCA or similar laws in other countries.

Filing a Counter Notice

If you’ve received a notification from Evernote that Content has been removed for a copyright complaint, it means we received a notice pursuant to the DMCA alleging that the Content infringed a copyright right. If you believe that the removal of the Content is a result of a mistake or misidentification, you can file a counter-notice.

Please send the following information to our designated copyright agent:

Identification of material taken down.
The Web page URL or other location information of the material before it was taken down.
A statement under penalty of perjury that you have a good faith belief the Content was removed in error.
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Evernote may be found, and that you will accept service of process from the person who provided the original complaint.
Provide your mailing address, telephone number and e-mail address. If you are filing a counter notice on behalf of an entity, provide the entity’s name along with your job title, job position, or role with the entity.
Provide your full legal name and physical or electronic signature.

Note: There are legal and financial consequences for filing fraudulent or bad faith counter notices. Before submitting a counter notice, make sure you have a good faith belief that we removed the Content in error, and that you understand the repercussions of submitting a false claim.

Repeat Infringer Policy

Evernote has a policy pursuant to which Evernote account holders who repeatedly engage in copyright infringement will, in appropriate circumstances, be terminated from Evernote.

In the event of a conflict, the English language version shall govern.