I’m proud to be a member of Etsy because I see wonderful, original handmade creations every day. Step #2: Etsy processes the notice of infringement. I have started to report listings to tips@disneyantipiracy.com. Etsy Infringement: The Process for Counter-Notices Step 1: Etsy Infringement Assessment We determine whether or not the infringement notice represents a valid claim by reviewing the materials you received from Etsy.com and researching the facts. Companies generally hire outside companies and counsel to police trademarks and no one really knows what method they use. Etsy: The Facts. Etsy Rules vs. Laws. The more tips they receive the more likely they are to act on some of them, so please report infringing sellers to the email above. If you don't want to get sued, then don't sell any infringing material. Trademarks protect brands and identities (names, characters, titles) from being used and distributed by others. You put the sign up at your wedding, and friends & family can share their photos of your fun-filled day/night. Today on the blog, I'm sharing with you how to avoide receiving a note of copyright and trademark infringement when selling on Etsy. I’m also available for an unbiased eye. In assuming you mean cesspool but yes. Everyone does it, but you might be the one that DOES get caught & that gets a ticket for it. If you’ve been accused by another Etsy seller or someone says you’ve copied their images or designs, it’s probably a copyright issue. They try to open an account using someone else's ID without realising the tax implications. They call this the VeRO program . Hi all, So I'm thinking of opening an Etsy shop where I will use my Cricut to make decals for cars, laptops, etc. Meaning your version is so different from the original there is unlikely to be any confusion. There are tons of people doing it on Etsy and tons of people getting away with it, but you always run the risk of getting shut down. It was my own idea and I checked the persons shop the mask he is selling it is totally different, there's nothing similar with my mask. In our example, Etsy might disable to Alfred’s whole “Batman” store, and then Etsy … In fact, it has been my experience that Etsy isn’t even the ones that “find” the issues – usually they are only aware of an intellectual property infringement if they are notified by another seller or if they are notified by the company that holds the copyright or trademark. If you received a notice of intellectual property infringement, this means that an intellectual property owner (or an agent authorized by them) notified Etsy that they believe certain seller content on Etsy infringes their intellectual property. How does Etsy handle infringement notices? Regardless, legally, it's your responsibility to not sell an item nor appear in the marketplace as if you represent the company that owns said copyright or trademarked item. Step #2: Etsy processes the notice of infringement. report. If they are on Etsy, ask in a Facebook group, Reddit forums or any other sellers you trust. When you're using someone else's ideas and artwork then there's a ceiling already set that you will reach and never grow past. To report infringement on Etsy, you must be authorized to act on behalf of the intellectual property owner. Those terms exist for a reason right? The notice comes from Etsy, who was notified by the trademark holder. And you only have access to statutory damages if you receive your registration before someone starts infringing upon your work. I'm tired of competing against "Disney" on Etsy. It might be a big market but all of those things for sale are still infringement of copyright and will get removed when they get flagged too. This is something you need to know before you start your business. Etsy strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. Or not? We complied with our Intellectual Property Policy by deactivating the identified listings. Sometimes you'll get a take down notice and 800 other things that are exactly the same remain. Sometimes they act, but most of the time they don't. https://www.etsy.com/teams/7722/discussions/discuss/15084283/. Fan art created for fans by fans with out attempting to make money is no problem at all, but the moment you attempt to make money off it then you are riding on the coattails of a designer that can decide to shake you loose with a lawsuit anytime it suits them to do so, and assuming you lack deep pockets, you will almost certainly lose (likely by simply being forced to remove the content due to the threat of a lawsuit you can not afford... their favorite tactic). I altered my design, and reposted. You may get a notice of trademark infringement that includes the name of the company making the claim along with a contact person (I’ve never seen one, so I’m not absolutely sure). a company or organization that you represent owns the rights to. I would like to create designs inspired by specific colleges, and had some questions regarding the rules for that kind of thing. Let's find our stolen images and report the sellers. Some of the technologies we use are necessary for critical functions like security and site integrity, account authentication, security and privacy preferences, internal site usage and maintenance data, and to make the site work correctly for browsing and transactions. Copyrights/trademarks is what it should've said (and now does). Or look into liscening. Another problem many Etsy users often face are issues of trademark infringement. American consumers are increasingly turning to digital marketplaces like Etsy to make purchases, and this has contributed to an escalating number of Etsy copyright infringement claims. Please refer to our Intellectual Property Policy for more information. It can't hurt. If these scenarios do not describe your allegation, please refer to Our House Rules or … Etsy is obligated to remove content anytime someone makes a … I had an image of Beyoncé collaged on vintage fabric & framed that her team had taken down. They also don't realise all the friends and family that have accounts "linked" to their account will also be shut down. Use our help guide to avoid Etsy trademark infringement. In fact, it has been my experience that Etsy isn’t even the ones that “find” the issues – usually they are only aware of an intellectual property infringement if they are notified by another seller or if they are notified by the company that holds the copyright or trademark. You can get your entire shop shut down and run the risk of never being able to open another shop again. there's nothing on the website that says anything about not being able to use their content, I give credit to them, and its just a link to the website so I'm not stealing anything. Catching copyright infringement overall is technically not Etsy's place. They could create tools to catch certain things if the copyright or trademark holder's companies asked but since some people legally license things they wouldn't want to auto kill anything and be accused of shutting shops down invalidly and prohibiting commerce. New comments cannot be posted and votes cannot be cast. They're notorious for getting shops shut down: https://www.etsy.com/teams/7722/discussions/discuss/15084283/. If other fans are making creations and you're pocketing based off that, then that's like a 2 birds issue. Etsy is selling thousands of stolen photos and doesn’t seem to care. You receive an Etsy copyright DMCA notice; You are publicly accused of copyright infringement by one or many people, including on Etsy’s forums. The copyright holder, or someone with the authority to represent them, must go through these steps and contact legal@etsy.com to have offending products and/or sellers removed. Their system lets sellers hide their contact information, and Etsy will not disclose the identities of sellers stealing work even after being presented with clear evidence. The most popular color? By the same token, seeing handmade Mickey Mouse-like ears or NFL log merch for sale on Etsy doesn’t mean the seller has broken any laws. Etsy and their payment processor take a ton of metrics and use AI to identify suspect sellers. I believe it was something like 4,000 shops that were shuttered for intellectual property takedown requests. It’s sad that so many amazing artists are being undermined by a site filled with copyright infringement. ), if I have old books or magazines which are to be got rid of, so I cut them up and use an image - e.g. Etsy the online e-commerce website focusing on handmade goods, crafts and vintage items, has continually come under fire due to incessant copyright infringement found in its marketplace shops. They said mainly not to use "instagram" in the title of my listing as people can be led to believe Instagram made the sign or supports the sign. So when the next "I can use disney on my invitations" seller comes along we can link to your post as proof. Press J to jump to the feed. Etsy is a chest pool of copyrighted material. Etsy the online e-commerce website focusing on handmade goods, crafts and vintage items, has continually come under fire due to incessant copyright infringement found in its marketplace shops. Please go to the Etsy forum with this! Did you scroll all this way to get facts about infringement? They could create tools to catch certain things if the copyright or trademark holder's companies asked but since some people legally license things they wouldn't want to auto kill anything and be accused of shutting shops down invalidly and prohibiting commerce. Withdrawing a Claim of Infringement. It’s been years, and they refuse to remove the ban. 1. While it's extremely popular now (out of the tons that are similar on Etsy), Instagram picked mine specifically to report. This shouldn’t come as a surprise given that the site has over almost 1.4 million active sellers with almost 30 million items listed each year. The simple truth is that you have chosen to create works that are based on work owned by others, and selling it is the problem. I rebutted with facts, and links to the law. I'm very happy and wanted to share my latest achievement with you! The warnings are ignored or the seller assumes that the offending material has been taken down so their other listings must be okay. In fact, Etsy is filled with examples of copyright infringement. You allege that content on Etsy violates intellectual property that: you own the rights to. Meaning your version is so different from the original there is unlikely to be any confusion. Then the next day, I went to look at my listings to see that some of my listings had been 'deactivated for alleged infringement'. PS: Don't target disney. Whether you determine that copyright infringement exists or you can prove that you had permission or the work is yours, reply to the notice. And like others have said, never ever take on Disney. So lots of misinformation leeks into the forums. Is your Etsy shop breaking the law? Click to share on Reddit (Opens in new window) Tagged advice , copyright , etsy , featured , infrigement , review , trademarks , What I'm Up to Post navigation Also the copyright holder could sue you. I've been getting a lot more people actually asking if we can print licensed characters so it seems like word is getting around that trademark infringement is bad. i just received an email which says Someone reported my product (mask) to etsy as an intellectual infringement. Copyright can be countered on Etsy - trademarks can't be once they're approved. Your reply can be as simple as informing them you have removed the infringing content or a receipt from Shutterstock attesting to … The more illustrators will report the infringement, the better. save. You may get some employees or businesses that don't care, but we (and the person who designed the [invitation, poster, party favors, etc.]) Etsy's Intellectual Property Policy addresses allegations of intellectual property infringement regarding Etsy seller content, including copyright, trademark, and patent infringement. You receive an Etsy copyright DMCA notice; You are publicly accused of copyright infringement by one or many people, including on Etsy’s forums. Sometimes, especially with large properties like movie studios, comic books or Microsoft one day all the items related to one character will just disappear, thousands of them. Whether you determine that copyright infringement exists or you can prove that you had permission or the work is yours, reply to the notice. This is a legal issue and can be a slap on the wrist, or a legal suit including but not limited to fines, seizure of property or more. You'll never get beyond Etsy, some conventions and maybe a few local boutiques. You might try ETSY forums and make a post w/ a more in-depth structure of your business and see what response you get. Dear Renzo, Etsy received a notice of trademark infringement from NBA Properties, Inc alleging that certain material on Etsy is not authorized. Is etsy just really bad a catching people who violate copyright infringement? I literally had the listing up for only a couple days before they found it. New comments cannot be posted and votes cannot be cast. Which is why the policy anywhere is DO NOT PRINT COPYRIGHTED/TRADEMARKED MATERIAL. parody has to be just that - a parody. It was right before their IPO, and a whole BUNCH of us were banned. I lurk on a forum of banned sellers trying to open new stores on Etsy for a psych paper. EDIT: I'm getting terms mixed up. 100% Upvoted. they make sure permission to use copyrighted material gets squared away when folks sell their music through them. Etsy immediately took my listing down and said I had to change it before reposting / or just not repost it at all. In the United States, copyright protection automatically exists from the moment a work is created. Etsy then notifies the business owner of this. I have also heard of fans' art being accepted by the trademark holder/copyright owner as licensed products. This information is not legal advice. Check out the videos linked in the sidebar, and come up with some new ideas that are all your own. 1 1. comments. In our example, Etsy might disable to Alfred’s whole “Batman” store, and then Etsy … basically it feels like etsy is turning a blind eye to make a buck. Contact me if you want. It didn’t go well. According to financial docs filed recently as a result of Etsy stock going public we now know that Etsy shuttered 160,000 shops in the last quarter for TOS violations. I'm an idiot on this issue, but if the original work/piece isn't of your own creation, then you're on illegal grounds I assume. According to The Wire, Etsy is the fifth most-visited marketplace site in the U.S. Or not? A few days ago I renewed two items and thought no more of it. Etsy may remove or disable access to the material. If you’re accused of copyright infringement, there are some key defenses that may be useful to Etsy sellers: Sufficiently Transformative . It was my use of the company name and phrase “Tiffany Blue” that caused the infringement. The words copyright, trademark and even patent are considered interchangeable on the forums - they are not the same thing! Catching copyright infringement overall is technically not Etsy's place. It also makes sense that you want a copyright registration on Etsy. As a result, your use of the fabric would constitute copyright infringement. I think one of the problems is Etsy doesn't spell out what happens when the offending shop is shut down. Those listings may last a day or they may last a year, who knows. You guessed it: black. For example, whilst I am certain that it would be copyright infringement to copy a picture of a famous cartoon character onto a charm (although I have see many instances of this on etsy, which has only added to my confusion! You can potentially get in hot water over this and, as a copy center employee, we can too if we print it. I have been selling online since 2005 and this is the first time that I have run into this issue. Now I am seriously questioning whether I should just shut it all down lest I be sued into oblivion. You would have to take it up w/ the copyright holder or just wait until you get a more educated response. I'm not familiar with Etsy's policies, but I've perused the site a time or two. It sucks, but it's easier to manage than you think. First: i didn't copy someone's creative work. Also, every single company (pretty much) has a legal department and website. I actually just had a Trademark Infringement sent to me via Etsy that was filed by Instagram. License holders can sue the studios if they don't try to stop counterfeit merchandise that renders their license worthless. Trademark law has more ammunition for monetary restitution and other charges. A trademark differs from a copyright in that a trademark protects the name, terms and symbols that are used to identify of the source of a product. I just had my 1000th order and went from "has sold more items than 94% to 95% of other sellers on Etsy!" Help! You guessed it: black. The minute you're profiting from it it becomes copyright infringement. Trademark issues may be at play. The most common infringement material is metal. They are selling out the America economy to their pet global sellers. I started making pixel art ages ago and after some of my pixel fan art got positive responses on social media I decided to start making and selling tshirts with it. You may also be open to getting sued for damages if the copyright holder registered their work and feels like going after you. One of their policies aims to protect intellectual property owners from copyright, trademark or patent infringement by eBay users. When infringement occurs, it can really hurt the business of the infringed seller. A place for Etsy sellers and buyers to post products and all things Etsy. There are 214 infringement for sale on Etsy, and they cost $18.98 on average. So lots of misinformation leeks into the forums. There are a lot of people that get away w/ this, but that doesn't mean that because they get away w/ it, that you should partake in a slaughter/takedown that could take place. You have no "right" to be on etsy.com, and appear to have violated their copyright infringement policy. This shouldn’t come as a surprise given that the site has over almost 1.4 million active sellers with almost 30 million items listed each year. Be careful, I got perma-muted from the forums in all six of my shops for talking about this subject. I know the difference, I'm just sleep deprived. Since the online platform allows users to sell vintage and handcrafted items, this form of copyright infringment is common on the site. Beyond simply having your merchandise removed from your Etsy store, you may find yourself being sued for infringement, and, potentially be liable for damages. I recently asked about selling in etsy when I already had a website selling tshirts independently. Etsy is in essence the new Silk Road for copyright infringement Meet Kharma Lu “Liilproducts,” better known as Kharma Lu, is the Etsy seller who decided my … Meet Kharma Lu It's so nice to see that all the work pays and eRank is my main tool to improve my business on Etsy! The words copyright, trademark and even patent are considered interchangeable on the forums - they are not the same thing! Or do you just mean that you're a fan of something and you create art surrounding that niche/topic/character/ETC. Etsy generally removes the content and says to not sell those items again. share. On etsy if they shit you down because of trademark or copyright issues that's it. can be sued for the infringement. Cookies help us deliver our Services. You'll never get to experience your own characters being licensed, or bigger stores with purchase orders asking to carry your goods in multiple stores because you can't get big or penetrate a market already handled by true licensees who can mass manufacture items. Etsy began allowing manufacturing partners in 2013 (so there’s been an issue of mass-manufactured goods for a few years now) Etsy takes 3.5% of everything you sell on their site; Now that you have a baseline, you can take proper steps to do things right – here are a few tips on how to avoid Etsy theft copyright: I actually even spoke to Instagram via email and they were really chill about it. I could be wrong though. They are like a pyramid scheme. So one can parody something, but the copyright holder can still take them to court and the judge will decide who is in the right or wrong. Trademark issues may be at play. The other problem is the lack of knowledge of what IP is being infringed. Smaller companies may sweep less often, so your items don't get reported as often but they all still run the risk of causing a permanent shutdown of your shop. hide. They didn’t use my images but they re-drew the whole card in the exact same way but just in their own interpretation of the drawing. Sometimes, these matters may be amicably resolved directly between the parties before filing a notice of infringement. The complainant has only 10 days to respond, and they must submit proof that they’re seeking a court order. Things are going faster and faster as I improve my shop. Here's how. Would you like to call me for some t-shirt specific advice? Learn all about using licensed characters on your products and how to know if you are infringing on someone's copyright. Even the ones that are successful are one policy change or one bad tether away from being closed down. However if you do try to keep making money on fan art type work, make damn well sure you are adding something original and not copy/pasting, and never under any circumstances use keywords directly associated with trademarked content (never, ever, ever use Disney based keywords in particular... they have short leash lawyers hunting for infringement). They put, in plain words, what you can and cannot do. Learn all about using licensed characters on your products and how to know if you are infringing on someone's copyright. If you are selling or thinking about making or buying invitations to a kid's Mickey Mouse themed birthday, they unfortunately have to come from someone who has been granted license to use the characters. Here at Etsy, we do not pick and choose which items to take down for infringement. Within that same hour, there were pages and pages of other designs similar that were infringing more than myself. When Etsy receives a report of infringement, it might remove or disable access to that material. You don’t know the shop’s situation nor can a forum full of angry Etsy sellers decide any outcomes at all. None of microstocks' licenses allows to resell files, it's infringement. This may help: Is It Fan Art or Copyright Infringement? That ratio is pretty similiar for next 8+ pages of results. Who said it was legal? Click to share on Reddit (Opens in new window) Tagged advice , copyright , etsy , featured , infrigement , review , trademarks , What I'm Up to Post navigation When Etsy removes or disables access in response to a notice, Etsy makes a reasonable attempt to contact the affected member, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. can't be used without the consent of the copyright/trademark owner. In cases of false Etsy copyright infringement reports, this counter notice may be enough to settle the matter. How to handle Etsy copycats and copyright infringement on Etsy. With an Etsy take-down notice, not only do you have to navigate Etsy’s internal take-down conventions, but federal trademark and copyright laws apply as well. Transformative is also in a similar vein - it gets decided in court. Designer Jan Davidson sued Etsy, an Etsy seller, and print-on-demand service Printful Inc. for copyright infringement stemming from the alleged manufacture and sale of tshirts and mugs with a “Beer Eye Chart” design. So I started my etsy shop about a year ago it has been quite successful so far. Be careful! Your reply can be as simple as informing them you have removed the infringing content or a receipt from Shutterstock attesting to … Etsy may remove or disable access to the material. There are 214 infringement for sale on Etsy, and they cost $18.98 on average. Etsy is, in essence, the new Silk Road for copyright infringement. Disney and the other studios go after their trademarks - not copyright. You don’t need to register your work for copyright. Infringement can lead to fines and damage claims – even if inadvertent. It's like running a stop sign. This is unlikely to occur in cases where someone knowingly filed a false complaint. Thank you for taking the time to read this week’s blog, please share freely with … The lawsuit accuses the defendants of causing substantial harm to the plaintiff, “who invested thousands of dollars and enormous amounts of time […] also, I live in the USA sorry if this is a stupid question, I don't really know the laws on copyright They don't see it as a "shot across the bow" just an annoyance. I think it's more about characters, rather than themes of stuff. I have been in the biz for a long time and I am happy to answer any questions you might have, but I am on a mobile device, so typing is difficult. I understand she is fan-art friendly. Even without a lawyer. It is expensive, requires some technical expertise and self discipline to maintain a shop under that cloud. You could come up with your own characters! Keep a little notebook and every day try something and eventually find something you like that you want to keep improving on, something you'll be proud of making. I make wedding signs... and a popular style is one that uses a #Hashtag that represents photos from your wedding. They don't play! Etsy is, in essence, the new Silk Road for copyright infringement… Reporting violations is the responsibility of the owner of the mark or piece. Furthermore after a quick search of my main keywords, 31 of the 50 listings that show up on the first page of results contained licensed characters. Etsy then notifies the business owner of this. Write a post about this in the "Discussion" forum. Etsy is a bullshit lie! The potential risks to your business of operating in infringement of another trademark are very real.