wired

Well-written and concise. Great article. I think that if people have agreements to use copyrighted material then it would benefit them to add that to their listings too.

babastudioPrague

Very clear - thanks. We are actually currently in discussion with an Etsy jewellery maker who would like to use our images. It sounds like it could be an exciting and beneficial project all round if it works out!

davewright

I would think that Etsy would err on the site of protecting an artist's work.

I would venture a guess that less than one percent of the people on Etsy who are using copyrighted material in their works actually have the legal right to do so - and of course it's not possible for a copyright holder to police the entire internet, not to mention the physical world.

I'd be happier to see a policy in place that required a seller to show proof of a licensing agreement before using another artist's copyrighted material. That would be an extra step for people who wanted to sell licensed works, but it's not unusual. Photographers submitting stock images are required to submit signed model releases, for instance.

A policy like that would be a step towards protecting creative people.

AmorDePlata

Great article, especially the part about some sellers having permission to use copyrighted material.

dmriceart

Excellent step in the right direction, Sarahsays! It is so important for Etsy to be a positive role model site in this situation, and I believe the Etsy policy on handling this subject is moving forward in a great way!

Thanks much for the article!

PoPkO

i ahve never been able to flag ANYTHING because i dont have the program to send an email from that link. i wish there was a form it could take me to instead. i just dont have time ot go to my personal email account, copy info, paste, send etc. A form would be a lot more concise, wouldnt it? It would help answer WHY its being flagged immedaitely.

crimsoncat05

I guess I see a few things missing from this article... maybe you could expand on the process for people??

Like, for instance, if I had flagged that T-shirt to Etsy admin, would I get an e-mail from Etsy directing me to contact the copyright holder myself??

Would I get an e-mail saying that *Etsy* doesn't get in the middle of these things?? (*Does* Etsy get in the middle of these things?? my understanding was no... am I wrong??)

Maybe you could include some information in this article about what, if anything, would happen as a result of the item in this specific example being flagged to Etsy admin... what are the next steps, and how does the *flagger* get their concerns answered??

jmaccknit

Why are there scarves under this article? Did I miss something...

littlellama

Omg, I love these pictures! And I figured it out all on my own :)

SeaFindDesigns

EXCELLENT ARTICLE! I say to everyone EDUCATE yourself as well! Before I started on Etsy I did a huge sweep on copyright.gov and the TM websites to make sure I wasn't infringing on any names or descriptions I use for my sea glass. One week in to Etsy and I was notified by a non-Etsian that I was guilty of copyright infringement for intellectual property DESIGN. Logically, I asked for the registration numbers, which the party could not provide!!! They were deceitful. My point being that had I not educated myself, I may have believed the accuser and allowed myself to be bullied! So make sure you check before you accuse or just to arm yourself!!

p.s. She called me an intellectual thief!! Which I plan to copyright and sell!!!!

tiffanyharvey

While only the owner of the copyright can take legal action, surely Etsy could have a rule against illegal use of copyright images? I find it sad that Etsy would not want to take more of a stand against this.

MetalheartDesign

great article. i'm glad to hear that etsy doesn't waste a ton of money trying to get into the middle of others' copyright issues, when it doesn't have standing anyway.

miriam

excellent article... I'm really concerned about this questions... thanks for explain to us.
;)*

cinemadeverre

excellent- thank you!!

LAVENDERDRAGONHERBS

I agree with DavidWright and TiffanyHarvey

And my question is how is a company or person that is having their copyrighted items illegally used on Etsy supposed to even know about it?? Some might not even know of or about Etsy at all.

And I also agree that if a shop has permissionto use a said copyright that they should post it in their listing as to cut down on the # of flaggings and forum posts on the subject.

anickascottage

BIG Brother is ALWAYS watching!
Google searches bring them right to it.

Great article

CityPretties

It's also an option, if you find something you think is a copyright infringement, to alert the actual copyright owner. Like if someone is selling a t-shirt with Daffy Duck on it, instead of flagging it, contact Time-Warner and let them know that someone is using their product.

They'll decide if it's worth pursuing.

The most diligent copyright infringement hunters I've ever seen are Tom Cruise's lawyers and Tiffany jewelers.

quirkybags

I would like to see this information added to Etsy's Copyright FAQ page.

As I understand it, Etsy will enforce copyright only if they are asked to by the owner. It seems that we are needlessly wasting our time and Admin's time by flagging these items (unless, of course, we are the copyright holder).

fadingflowers

I not even sure if reporting items that are copyright works. I pretty much gave up reporting on an items that I see. Numerous of times I have reported an item that was copyrighted, but no one came to address this matter.

PocoMutts

Great article! Thanks for the valuable information!

davewright

From the copyright policy, http://www.etsy.com/copyright_policy.php

"It is Etsy’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally posted by any of our buyers, sellers, members or users; and (2) remove and discontinue service to repeat offenders."

From the above article:
"In other words, copyright owners are responsible for policing their own rights and bear the cost of policing."

Mixed messages. Which is it? Does Etsy remove copyrighted material, or does it wait for the copyright owner to contact them?

davewright

"Intellectual property rights are very important to Etsy."

Or so they say. However, they're taking a very weak stand on the issue.

alexart

hey jmaccknit,

I didn't get the scarves either. I did notice the fringe but thought they meant they were copying each other. Hence,copyright. Duh. Oh well,

Just wanted you to know you weren't alone

julie

curlyfrysc

...they haven't been illegally posted so they can remain on the site. anyway, this article needs to be posted on the forums so people will stop being "report-happy" and go about their business!

randomsupplies

what about if it's an infamous copyright issue that the copyright holder has previously pursued against etsy...like Hello Kitty...should we flag THOSE items?

msotherdenartglass

It bothers me that etsy is not more proactive about this. I've seen ebay auctions pulled for people violating licensee agreements, copyright infringements, you name it. I wish if all the evidence is piled in front of etsy that they would take the extra step to ask the flagged shop for proof of permission.

babyagoogoo

What about "Pop Art"?

Is it fair game to paint a picture of an iconic toy or doll?

Is that copyright infringement?

starbrightgirl

I'm curious about the above as well..

Also - what about the usage of phrases or quotes - would this be copyright inringement too?

quirkybags

What are the legal repercussions for Etsy as a venue if it actively promotes unlicensed items? What are the potential repercussions for sellers?

Not all artists will stop at a cease and desist letter; many take violators directly to court.

carolinableu

i would rather address the issue of copycat "designers". i have had several since i joined etsy. no designer will be taken seriously if they copy other people's work.

quirke

Good question, quirkybags. Especially relevant considering the legal wranglings eBay has gone through lately for exactly this issue.

bencandance

Sarah says "Intellectual property rights are very important to Etsy."

Is this only unless they are proven or "in general"? Because it doesn't take a rocket scientist to see a LOT of items that are obviously infringing on copyrights and yet Etsy has endorsed these sellers whole heartedly.

kylietyler

Great topic to discuss!
Question...is it considered copyright infringement to use the names of songs, lyrics or such for naming your piece of art or actually using in your art? For example, can you title a yellow shirt or paint a picture and have the words 'Yellow Submarine' on it (the title of a Beatles song)?
Very curious to know.
Thanks!

dottyral

If someone does have permission to use a copyrighted character (or whatever) shouldn't that be noted in their etsy listings? I'd think so.

If it's not, I would assume that they don't have permission.

andymathis

that seems simple enough to me too, Dottyral.

TerraScents

Dotty, you are very perceptive.

And yes, if two shops or two people have an agreement to use images or designs that customers may see and potentially be confused by, it would behoove them both to note that permission was given.

I have such a cooperative agreement with TWO shops! One I take pics for and another likes to use some of those pics in jewelry. All three of us acknowledge eachother so everything's cool. I even have signed copyright agreements which were signed by the one shop who sells the jewelry with my images on it.

curlyfrysc

Each shop is responsible for what it sells and to abide by Etsy's rules. Etsy is at no fault if a seller uses images without permission.

This is a wonderful article that everyone on Etsy should be reading.
Thank you, Etsy!

wickedminky

thanks for posting this. i think its important for artists on etsy to know that their original artwork will be protected and that etsy WILL do something about infringement. I LOVE ETSYYYY!

TwistedThicket

I actually agree with what DaveWright (his first post) and TiffanyHarvey both said. They make a lot of sense.

staceyrebecca

best part of the etsy article (aside from the pertinent information)?

Detective monkey.

eclipse

Etsy is not responsible for infringing items on the site at large- it's up to the copyright owners to police that. Etsy does not pre-screen items or sellers. I agree with you up to this point.

HOWEVER, Etsy is 100% responsible for the juried content of the front page, Storque articles, gift guides, etc. These are all hand-picked by Etsy staff. Please use due diligence in choosing items that comply with all of Etsy's terms of use, do's and don'ts, and any applicable laws.

gemmafactrix

"thanks for posting this. i think its important for artists on etsy to know that their original artwork will be protected and that etsy WILL do something about infringement"

---

Etsy isn't able to do much (okay, anything) about copyright infringement between sellers here. Etsy cannot protect your artwork, or my artwork, from being ripped off by other sellers.

justynhegreberg

another hypothetical copyright infringement situation might be a burgeoning internet marketplace performing publicly a popular copyrighted childrens book. then that marketplace features items on their website that imitate that illustrations from copyrighted work. then some members of the marketplace mention that it might not be completely respectful of the author's copyright.

that is when the website says that only the copyright owner can do anything about it.

justynhegreberg

[edit}

then that marketplace features items on their website that imitate illustrations from that copyrighted work.

ruhue

i am so disappointed. basically it feels like etsy is turning a blind eye to make a buck.

i know a company that sells music for thousands of different unsigned artists. they make sure permission to use copyrighted material gets squared away when folks sell their music through them. if something falls through the cracks, they totally, seriously, listen to people reporting infringement, original creator of the music or not. they keep it real.

i hope etsy sees the wisdom in that thinking. i know it can be a pain, but what your customers (sellers, buyers) need to know is that you, etsy, don't just follow the law. that you are real, decent, human beings who follow the ethical business values of a community. i know you are, so it's very confusing to hear etsy admin people abruptly stating that they follow the laws and cutting off people's conversations. if you had a better moral - maybe not legal but moral, case for this policy, you'd be able to have a more open dialogue.

without that dialogue, this is just another impersonal business place with a thin veneer of talk about being a community.

perhaps not... i hope you all take this in the spirit of sincerity it is proffered with. i hope you are listening.

ruhue

all apologies for the duplicate.

underthewire

The article is helpful, but as it also mentions flagging mass-produced items I thought it would address this issue and it does not.
I don't flag often, but a couple times it was too blatant an offense to ignore. In one instance the shop announcement even promoted the company as a "pre-eminent manufacturer, order supplier and exporter" of finished jewelry in addition to the supplies.
This is clearly not an individual or an approved collaborative effort.
My issue is that these items are still there; if they violate Etsy's "handmade only" policy on jewelry (not including vintage or supplies) why isn't the policy enforced?
If there's no enforcement than the rules are meaningless.

underthewire

sorry on the duplication...Enter button sticks :)

angelstuff

"Intellectual property rights are very important to Etsy."

In what way? Perhaps Etsy's own IP rights are important to it, but the IP rights of the sellers and of other corporations doesn't seem to be.

As eclipse said, please don't put items that could be infringing on copyright on the front page. A person chooses the front page, and it's easy to see if something might be infringing copyright. A little due diligence won't kill you.

rockerbaby

What get's to me is that ,you spend all this time comming up with unique designs ,and then you turn around and see your design all over , even if you are protected under copyright law , still can't stop anyone from doing what they have set their mind on doing , and that is making money and being recognize , with other peoples desings and ideas.
What can you do about this?

JessicaDoyle

How does this work for international sellers? I am governed by Canadian Copyright Law not US law. Etsy is an international site. It may physically be located in the States yet I do not sell from the States at all. My products are mailed from Canada.

I reside in Canada and our Copyright laws are very different than US copyright laws.

I am just curious?

Thanks :)

magicjelly

"...under United States copyright law, only the legal or beneficial owner of an exclusive right under a copyright is entitled to take action."

Yes, true. But Etsy making an internal decision to prohibit suspect material is different to instigating legal action. As a venue, you are profiting from copyright infringement on a daily basis. Taking this 'no questions asked' stance could lead you into very sticky territory - look at what has recently happened to Ebay.

Out of respect to the artists who are your customers, & to protect your own reputation & interests, I believe you should investigate all potential cases of copyright infringement by asking the sellers in question for evidence of their license to reproduce a copyright holders' IP - & if they fail to do so, the listing should be removed.

That would not be legal action, & would not be outside your jurisdiction as a venue. It would be a sensible, responsible stance that would deter & therefore minimise the copyright infringement rife on this site.

hannahfaerie

Have to agree with you magicjelly! there is a BIG difference between legal action and removing a suspect item.

crochetbayboutique

This is a great article. I am a Crochet Clothing Designer and I also write and offer the Crochet Patterns for most of my Designs.
Each of my Patterns is Copyrighted, however I do grant permission to USE my patterns to make and sell the finished items providing my name is mentioned either as the Original Designer or Pattern Author. Also the person must use their own Photo of their finished item.
As the copyright holder, it is MY responsibility to police the internet for those who might be selling copies of my patterns and passing them off as their own, or using my pictures without my authorization.
Why would anyone expect Etsy to be the expert at spotting copyright infringement?

peaseblossomstudio

I would like to see Etsy clarify somewhere in the TOU that unless you have a licensing agreement with a company, you cannot use their images. I think this statement would clear up a lot of confusion. I read through the TOUs on copyrights last night and didn't see this. This would be a wording change that would make it clear that even though Etsy is a venue, they are against copyright infringement.

peaseblossomstudio

Sorry for the double post.

TheInvitation

I think Sarah wrote another wonderful article for us all to consider & good to see that it raises a few voices to speak their minds too.

As Sarah said on 7/25, "I know if I were to see a piece of my art reproduced without my permission I would want the right to weigh the benefits and downfalls of the use. This could be great publicity for me, or it could be harmful. It’s up to me, the artist, to decide what to do next. It’s not up to Etsy or members of Etsy to decide if something might be infringement on my behalf."

The difficult thing to bear (for someone like me that not only supports, but also helps to promote other's creative works)...is the part of when any of us may recognize an infringement (say by an artisan who is not on Etsy) -- and does not want to drop the dime, yet hopes a bunch of other creative types will read Sarah's articles & realize the importance of the info she is sharing! (and reasons not to be one of the infringers ourselves!)

In my opinion, as a good natured soul, copying others is a moral issue above all. Yet, not only can it hurt your reputation, but it can also hurt you legally & monetarily! And I just couldn't think of putting myself to such shame with my clients! I think that alone is an important consideration for us all.

It's just a crazy world...so it pays to be diligent. But I do think it also is a reward to care & look out for others as well! God gave us our gifts to use and share...not to take from others & call them our own. Moral me...but I really do care & believe we all have a creative nature in each & every one of us...and those are the ones we are rewarded best by!

:)

MiniMonster

This is a fascinating debate...I didn't know so many etsy artists were law school drop outs...really good points made on both sides.

However, as the U.S. Supreme court justice said about pornography, I can't define it, "but I know it when I see it". Obvious cases of infringement are just that...obvious.

badcatjewelry

I think that crochetbayboutique brings up a wonderful point:

"As the copyright holder, it is MY responsibility to police the internet for those who might be selling copies of my patterns and passing them off as their own, or using my pictures without my authorization."

and ends her excellent post with this question:

"Why would anyone expect Etsy to be the expert at spotting copyright infringement?"

Etsy is not an expert. And you are right, they cannot be for every case. That being said, there are some obvious copyrights from well known companies world wide that *are* being used and sold. It is Etsy's responsibility to make sure these sellers are licensed.

I'm gonna hit send then kick myself for doing so.

badcatjewelry

sorry about the double post...not sure what happened.

basementsafari

What about things sold that are marketed as being handmade, yet they are obviously MASS PRODUCED?

'You know it when you see it.'

I knew someone who had a horrible case of infringement. Before she could apply her copyright to the image, it was already being reproduced. She said she was aware of the infringement but could not afford to do anything. The design was a big deal and went international. Sales going to whoever copyrighted it first, I guess.

I felt awful when I sold a pair of vintage TAXCO Mexico earrings just to see that the person who bought them from me went ahead and coated the TAXCO stamps, then recast those originals. The stamps of TAXCO and the artist and date symbols were very valuable; by a specific TAXCO artist, and this buyer just put a coat of wax (most likely), then went ahead to sell them as her own modern design! she did not design those!!!

A note on handmade bead, chain, and findings- jewelry makers would be that if it looks like yours, that doesn't matter. It doesn't have the same designer and you cannot easily patent these designs that so many jewelry artists use with the same basic materials. For most of that stuff, it is not really intellectual property since these things are simple to make and easy to find the same materials.

Moreover, what's wrong with when people claim that their items are made of top quality materials, but they are not top quality It's a lie. Be aware. Be very aware. If only I cared about flagging things, it would be very annoying for ETSY Admin, but I generally don't. It's like an accident in a big city is less likely to have quick help, because everyone thinks someone else will be the hero, but not them(they're too busy). I don't flag because it's a lost cause for some and for others I think Etsy is aware of, and possibly doing something about certain sellers.

You know it when you see it!

basementsafari

Oh, I did once flag a couple of aged, dying pugs for sale for $3,000.00 That was horrendous. No thought.

momomadeit

when you contact abuse at etsy, i would like to see a bit more personal reply than just referencing the info we already have read.

i would hope that etsy will, in the future, take a greater stand on upholding the integrity of the site.

warmhart

I do the same thing that crochetbayboutique does. When I sell an e-book I allow resale rights with certain books under the agreement that they must include my name and information in the resell. I have even had to take it a step further to get software that keeps the product from being altered and in some cases from being re-produced. I do not know the who's and what's of how it works. LOL I just create, my husband is the technical guru.

goosegrease

i personally think flaggers should show a little more courage and care to convo the offender with their concerns, being sure not to attack. some people seriously don't even know that this is an issue. or at the least, do as has been mentioned. go straight to the copyright holder and let them decide. etsy can't very well read the copyright holder's mind and know whether or not they want their art on someone else's product.

seriously, etsy should be very concerned about the integrity of their web presence, HOWEVER, they should not have to babysit all of us. we are adults after all. storque articles should continue to be posted and time stamps changed to raise awareness.

thanks for your hard work etsy. i'm certain none of us realize the time and energy and money that goes into such a work horse like etsy. kudos to you.

12Step

http://www.etsy.com/forums_thread.php...

CwButcher

If you don't what to get ripped off keep your work to your self and out of the public you know its going to happen,

callmechristie

artists make money off selling the rights to their work. it sucks when other people take away their income by ripping them off.

ninamartine

I have been thinking about this a lot lately. There seems to be a lot of people that are okay with knocking off other artist/designers work. Some of it is quite blatant. I also know that when it comes to things like purses, and dolls, there are not an unlimited amount os shapes just new ways of looking at them. I really think if you see something you like, expand on the idea, make it yours. and you are right no one should have to police it.

sagittariusgallery

CwButcher - If you don't what to get ripped off keep your work to your self and out of the public you know its going to happen,

****

That's exactly the attitude we need to work away from. Acting like it's the artist's fault for not expecting they'd be ripped off is like telling a woman who was raped it was her fault because she stepped out the door. Seriously.

PeppermintDaydreams

thanks for this article! serious stuff indeed.

idyllhands

What frustrates me about all of this is when an item is pulled for certain outlined reasons. Okay, they make sense, so I change my item to fit within the guidelines. However, there are about 100 other items that fall within the same violation that are still up because the person filing the complaint didn't earmark those. This is relation to using trademarked words or images (in my case it was words) in an items description.

It doesn't seem fair - I would think if someone provides the 6 documents/proofs needed for one item, that other items that fall into that category should come down too.

Are we just keeping our nose clean here at the expense of us small time sellers?

GetReadySetGO

this is a great article and topic. i have lots to say on this subject but for me it's a very delicate matter. i don't want to offend anyone. thanks for posting this article again- it really is a thought-provoking piece.

zombuki

It would be nice if there was a NOI (notice of infringement) form on Etsy that could be easily accessed.

worksofwhimsy

Thank you for addressing this subject in Storque.

I think it would bee a good idea to have a bold red reminder on the listing page before a seller hits submit that says something like, "Using copyright protected characters or images without the permission of the copyright holder is ILLEGAL"

theprint

Like someone else said, it looks an awful lot like Etsy is making it as hard as possible for those whose rights are violated, in the name of profit.

People who steal are scum. By being overly protective of these criminals, Etsy is lowering itself to their level. Way to go.

Let's take a look at what Etsy is asking for, before they will take a claim seriously:

1 - Actual signature needed. This just serves to delay the process, nothing else. They want to elimintate e-mail as a way to file complaints. Gee, thanks. I say, if there are important documents to sign, they can be signed after the complaint is investigated.

2 - Sufficient detail needed. This is so vague, Etsy can keep asking for more detail indefinitely. This is a huge out for them and a way to further delay action.

3 - Information on the infringing material. Is it common that people file complaints without identifying the violating product? They're asking you to precisely point it out (down to the listing number), because heaven forbid they should have to look it up themselves. The philosophy: make it as painstaking as possible, to detour people from filing complaints.

4 - Contact information. Etsy is asking for everything short of your SSN. An e-mail address is more than enough for initial contact. Why do they need my address to look into someone stealing my stuff? Again, this only serves to delay and annoy.

5 - A statement saying that you really really think someone used your stuff without permission. Come on, Etsy! Now you're just being stupid. Remember to add as many outs as they have though, because of...

6 - A statement under penalty of perjury that you're not lying. So, you have to put yourself on the line, before they'll even look at your complaint? Great service for thieves, not so much for Jane Artist, whose work is being ripped.

I don't think so, Etsy.

If I ever need to push a lawyer on another Etsy user (which I sincerely hope will NEVER happen), I'll be pushing him on Etsy as well. I don't see a point in even attempting to talk to someone, who is so obviously biased on the side of thieves.

In fact, seeing how Etsy just doesn't care about other people's rights, is making me re-consider being a part of Etsy. Do I really want to associate my name with this?

Linotte

I think it's important to say that
"copyright is created as soon as a person puts pencil to paper. Any person who makes a doodle, takes a photograph, writes a letter or paints a picture (regardless of quality) automatically owns the copyright to that doodle/ photograph/letter/painting (provided that it's original and not itself being a copy of somebody elses work)."
(quoted from The Illustrators Guide to Law and Business).

Copyright lasts for the persons lifetime + 70 years.

Many people are confused about how copyright works. It is automatic. Registering copyright makes it easier to prove, but is not necessary. It exists automatically.

I completely agree with what Magicjelly is saying above as well.

meredithdillman

I have a good question. Lets say the copyright owner or artwork is dead and the Etsy seller is representing themselves as the creator of the art. The owner cannot be contacted about it because they are not living. Does the Etsy seller than fall under the reseller rules because they are misrepresenting an item as their own creation?

theprint,

Actually Etsy's required DMCA notice is the same as required by Ebay, photobucket, flickr, and most other major sites as outlined in the DMCA law. I agree the signature part is annoying if you have a lot of infringements to deal with or are not in the US. Generally an electronic signature suffices elsewhere such as /Your Name/.

You can find DMCA form letters easily and just copy in the URLS and info for your evidence. The information required was not decided by Etsy, but the law.

theprint

What it really boils down to, is attitude.

Etsy's attitude is the opposite of erring on the side of caution. It's disrespectful to artists everywhere, and especially so to the little guy, who doesn't have legal representation.

I am happy to provide whatever information is needed. If indeed it is needed. I won't placate people who support criminals, just so they can keep making money, while I am forced to jump through their hoops.

meredithdillman

Sarah,

You say
"1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;"

But it says only physical in the copyright policy. This is unfortunately because I have friends on the other side of the world with copyright problems here.

sagittariusgallery

I dunno. I was ripped off here and Etsy took care of it right away. *Shrugs shoulders*.

All I can do is speak from personal experience. Everything else is just assumptions and speculation.

claireandjanae

It makes sense for Etsy to require paperwork for copyright infringement. Their policies are meant to protect them more than individual sellers. The policy to simply remove the item gives the copyright holder more power than a site that claims to be a copyright judge. Just imagine the amount of money their patent attorney would make determining if each listing had a patent or copyright infringement that someone could prosecute.
I think the policy makes sense. Everyone acts like this is a huge moral issue but copyright law doesn't care about people's feelings. Having links to copyright and patent databases would probably help people.
there are lots of problems with dishonest sellers. It is interesting to read everyone's opinion.

dkoss2

Thank you Linotte, I think this is something that ALOT of people don't understand about copyright and it's an important point in all of this.

BohemianThings

I agree with SeaFindDesigns. Educate yourself. Do YOUR homework. Understand the business of doing business.
I am still learning the business, educating myself while I work on setting up shop

Great article!

squambo

This is a great article. Very informative and concise.

TreasureBoxJewellery

Really interesting article - i always wonder about this!

I was in 2 minds about opening an Etsy store to sell my stuff, as when you're just starting up as a designer (im still at Uni, 2nd year jewellery and silversmithing student), and you want to try and get your work out there, i do worry that there are those people who will, and can because they know how, take you designs and use them as their own, which makes you wonder why you put all the effort in!

I know there's always going to be someone copying your designs, but apart from getting designs copyrighted, what else can you do?

If your sat making them one by one, then someone takes your design and mass produces it, because they can afford to do this on a larger scale and publicising it as their own, can you stop them?

This is definately something i need to read up on a bit more!

Steffi

poppyswickedgarden

this is a very good article and I have had many people who do not quite understand the laws question my creations on my other site where I use licensed product and recycle it into something else which is legal according to the first sale doctrine.
http://en.wikipedia.org/wiki/First-sa...
read up and keep informed! If you do what I do, don't let some company bully you around, saying it is not allowed.

lordslivingworld

Just my two cents; the article was very informative. But I want everyone to know that Intellectual Property is extremely hard to defend. Especially, when it comes to crafts and art. I have several patterns that I thought were my own idea, but go to another craft show and find the same idea only in a different wood, who's was first, since I make mine from pine and his is walnut does it mean that copyright is infringed or not. There are so many minute nuances to copyright law that it is not just cut and dried.

RoyalPrincess

Some of the store owners are weird, did you know to escape the copyright, that some users set up additional id's , list an item, buy it through the other id and claim that it's their design.

AzitasSurprises

this is a very informative article.

rathina

It's not a hard process at all to have items removed from someone's shop if someone is copying you. I had this happen to me, and it took me approximatly 10 minutes to print out all 6 of the required peices of information and mailed it off to Etsy, within a week they had gone ahead and removed the items from the other persons shop.

I will never understand why people whine about people copying them, when Etsy tells you exactly what they need from you to get the people to stop copying you. Etsy has made the process really simple and streamlined that anyone could do it if they just sat down and took the time to do it. If it's that important that people not copy you, follow Etsy's guidelines in getting it stoped.

HistoryofArt

Very interesting article and comment thread. I learned so much!

GemmaBeads

So is it enough to simply mention in your shop somewhere that your designs and photographs are copyrighted? Or, is there more to do. I've seen that mentioned in some shop announcements.

odiliafu

Thanks for the very useful article! This topic has been discussed in the forum many times. Thanks for clearing up!

jorgensenstudio

I agree with what magicjelly said.
This idea that you are held blameless as a venue because the copyright holder is the only person that you can take direction from will not hold up in court.

Take what happened to Ebay as on example. Another, is if I had a b&m store and rented space to someone selling fake designer bags I would still be held culpable and liable and would got to jail.

You could be opening a can of worms that will damage us all.

GwenOttingerArtworks

I have the same question as GemmaBeads. I will start looking for the answer myself, but if anyone has a link with basic info that would be helpful. Thanks for the article.

BluCille

There's a knockoff for everything somewhere.

coup

If you are an artist selling on Etsy, you should have submitted a portfolio of your work to the US Copyright Office BEFORE offering the goods for sale online. Case in point, I had a woman buy one of my Obama paintings a few months ago from my Etsy store, and she started selling prints and knock-offs of the paintings in her own online store. This is direct copyright infringement, as I copyrighted the works before offering them for sale to the public and I never sign over rights to buyers (a signed form is required). Lawyers for the Arts in NYC is currently helping me resolve the case... Protect yourself. Visit the US Copyright Office site for more details.

WingsDove

IT'S GOOD TO KNOW THAT ETSY TAKES ACTION IN RESPONSE TO COPYRIGHT INFRINGEMENT CLAIMS. EVERY SYSTEM CAN BE IMPROVED UPON BUT I LIKE IT SO FAR.

thehomebody

Actually, I find the article slightly misleading, since the example of using a cartoon character on a t-shirt is probably not a copyright issue, although it does relate to intellectual property. The character would most likely be some form of trademarked image, and it would be a trademark infringement. poppyswickedgarden hit the nail on the head when she brings up first sale doctrine. There's a good story at http://www.tabberone.com/Trademarks/t... about trademark and copyright and the lawsuit she won, which really was about the first sale doctrine. The idea is that if you sell a copyrighted or trademarked something to someone, you're done with it. What they do with it or what they create with it is no longer your business because you've already been compensated for your work when they sold it and it's not a copyright issue.
As far as things like jewelry and clothing are concerned, you can't copyright that. You own the copyright to the photos or to the instructions, but you can't copyright an idea. I'm not saying you don't have any rights, I'm just saying that those rights don't fall under the heading of copyright.

BauerDesigns

Whether you think you're in the right or not know this... if you're using, recycling or sampling art that has been trademarked or copyrighted by another company you're taking a risk. Period. There are 'not so legit' legal groups out there that make their extra change searching out little guys like us. They find out what you're selling that's possibly an infringement, and if it's a big brand name, they'll contact the company and offer to represent them in a lawsuit to reclaim profit, damages or anything else they can think of.
Don't believe it?? IT HAPPENED TO ME. What did I make??? Just something out of an empty beer can.
Just think.. you could be next.

Lunatiger

This is the biggest beef with many artists. Copyright infringement is no joke and it's still spreading like wildfire.

bookwright

maybe etsy should revisit whether google analytics is a "good thing"

HansenSoapCo

I agree with JessicaDoyle. If you are an International seller your Copyright laws are different from the US. I just don't like the generalization of it. What if you are a Canadian who had their design stolen by say an American, then what? And does Etsy even know how to handle the International aspects of Copyright Infringement?

TheCottageCheese

Interesting timing on this article, as there has been a lot of press coverage of the Shepard Fairey/Associated Press lawsuit and countersuit over the Obama Hope poster image.

GemmaBeads

Thanks for the info coup! I hope you find favorable resolution for your case.

blissified

Great information.

I, for one, would hate to see Etsy be put into the position of being expected to police their customers. It seems like that would be a huge administrative burden, could possibly make them liable to lawsuits from unfairly accused sellers, and end up costing all of us in higher fees in the long run.

I think the burden of protecting yourself from copyright violation has to fall on the individual. Educate yourself, follow the rules, and then step up and protect yourself.

LoverlyMermaids

Thank you for writting this article. Very to the point. I am an artist who uses fashion dolls as a medium and this is always something I get caught up on.

LoverlyMermaids

and thank you to all who posted, youve given me even more insight.

tadpolecreations

I agree with rathina, it is critical to protect your intellectual property rights and well within your abilities.

Once you have gone through the process of filing an alleged copyright infringement with Etsy's legal department, is it much easier to do successive times.

Love the idea of a web tutorial on copyright infringement that would be required for all new sellers to take prior to selling on Etsy
(kinda like the ones you take on recognizing phishing scams)

beaneandco

I wonder about this subject alot...thanks so much for clearing it up.

RozArt

If they arent careful, what happened on eBay is what will happen here. Many overseas companies copying and selling reproduction paintings (bad copies) of well done work by mid-level career artists. I was on ebay for years, and even though they took them down when they were reported, they didnt keep up- and now you cant tell the real stuff vs. a chinese painting factory.

I saw them popping up - shops with a supposed artist, a variety of styles - all copies. Location was overseas...china, for example.

When I reported them, included the well-known artists work they were copying...the shops were closed. I was pleased by this and hope it continues!

It must be difficult though - they quite literally will keep at it over and over again.

Ive had a few of mine ripped off by companies like that- just from the jpg's here. They didnt even photoshop out my signature! Even though eBay shut them down, they just would do it again and again...opening new accounts.

The only solace is that most folks can easily spot something like that, so you dont often see them making sales.

laurebelle

We love the law - We hate the law -
WE NEED THE LAW!!!!!
Thanks....

pearlbythesea

It would be really neat to see etsy take a heavier stand on this. Mickey Mouse onesies and things like that shouldn't be here, and when buyers see them, it muddies up the reputation of etsy.

andymathis

while it is up to the individual to protect their intellectual property, etsy does profit from the sale of the mickey mouse onesies and all.

Some sellers do have permission to use licensed characters in their items. But how does one know?

I agree that it does muddy up the credibility of the site. But it isn't my site.

One thing that people can do, however, is report the items, not to Etsy, but to the property owner.

AWEshop

Wow. So much information and confusion.

It is a bummer if someone "steals" your design, but that can't make you afraid to put your stuff up, and really, it's a compliment if your item is so good and popular and salable that someone wants to copy it.

-imitation is the best form of flattery!

MeandMatilda

I agree that this issue is extremely complicated. I can imagine it is very frustrating to see one's original works of art copied and resold. For many artists it is a piece of themselves out there. It seems clear that reproducing an original work or art is copyright infringement. For me, the water muddies when it comes to clothing and jewelry and even soap or cupcakes since once a particular style becomes popular there are so many interpretations of that style it is impossible to tell who the true originator was. I guess most of us are inspired by something. It is frustrating when a new shop pops up selling something just like you at a slightly lower price that is for sure. At the end of the day, I try to focus on what I am doing. Offer the best customer service I can offer, focus on creating a quality product, keep innovating, keep promoting and networking and try not to worry about the other things. I see mass produced items clearly not handmade by the Etsy seller all the time. I see lots of new shops that look very similar to established shops. And in my head I hear that little fish in that popular kid's movie saying "Just keep swimming, just keep swimming" if that makes any sense. I do think individuals have the right to protect their original works of art. I am unclear on how Etsy can do that for them other than complying when infringement is proven. Etsy does a pretty good job of meeting most folks needs and the admin seems willing to listen. Running this venue has to be an enormously complicated job and Etsy is a business. If they weren't in business making money then the venue wouldn't exist for Etsy sellers to make money. Whew! This is a complicated issue.

softshelterhats

This is an important issue! Lots of valid questions and comments have been discussed above. As primarily a graphic artist, I have always had to be critically aware of copyright issues in my professional work. The internet has vastly complicated the field of copyright and intellectual rights protection, but copiers can readily be found through search engines, and companies conduct such searches. Etsy is a searchable platform. Don't ever use a Disney image on your wares, in other words!! You could find yourself bankrupt in quick order. Disney doesn't mess around with this.

One recent copyright case made the headlines, drawing international attention to this subject: the Obama image use where a journalist's photo was adapted by a graphic designer and used extensively on campaign and inauguration-related products. There are certain "fine print" aspects to copyright law which allow some derivative use, but evidently this was not one of those.

Many of my clients have had to be educated by me when it comes to usage of my graphic artwork. Most people do not understand copyright, nor usage principles. It is indeed a serious matter for artists and designers. Andymathis is correct about our ultimate individual responsibility to protect our work, and I agree with his other comments as well. While Etsy may be expected to be vigilant on behalf of its vendors, doing so would become a huge endeavor in my view.

Atelier500

I am relieved yhayt Etsy is concerned for us. As artists - me I'm a photographer too - we are always worried about our copyright beong infringed..it is a nightmare.

Thank you Etsy for showing us you care and are concerened too..

bhangtiez

interesting article & good things 2 know...i know i'd b so upset cuz i luv my unique & original creations & don't want any1 2 steel my ideas...thanks 4 da thoughts...

TheSillySpermShop

COPYRIGHT YOUR WORK, that's all I can say! Better chances of getting a lawyer on "contingency"...it happened to me!
No one would touch me without it! I was only able to get a contingency lawyer because I DID protect my work. (I legally cannot talk about that situation).
However, I am NOW dealing with some "BIG FISH" stealing my work globally. Again, because I DID copyright (& trade mark) my work I have lawyers interested in my case. I copyright everything now that I put in the public eye! It's expensive & annoying & time consuming...& believe me, this is NOT where I want to spend my energy! But I have to protect my work & intellectual property...
I hate that we live in a world that we even have to worry about this stuff! I hate that on everything I post on Etsy (or anywhere else!) I have to put this long stupid infringement warning & let people know I'm protected & I seriously will pursue them! It seems so negative in a way but hey, don't rip me off! This is my life, my work & I work hard! My art is like my children...I'm protecting my children! I'm telling you from experience...protect your work!
On a lighter note...I absolutely LOVE ETSY! It is so easy to me! So organized. It feels very sweet & homespun to me even though it's huge globally!
I think if ETSY added a little "LEGAL" box for each item you post, to check, swearing this is your original work...it could stop quite a few people (not all) but most. They do that on FLICKR.com & somehow I feel safer...but a thief's a thief...so, protect yourself.
Thank You Sarah & Etsy!

FridaInHeaven

Ok, another issue...I am also the above (The Silly Sperm Shop)...so,my dilemis...I paint Frida Kahlo, make t-shirts, pillows, magnets and cartoons & hope to have a coloring book soon...of my art of HER. Which I've heard is fine (her being a "public" figure and all)...
However, I have an inner & outer conflict...
1) I actually WANT to pay her estate/family a royalty! (I mean right now it's not much money, laughable really!), but in respect of a great artist who inspires me daily, I feel that's the least I can do! She has family alive (and maybe they are crazy wealthy) but still maybe they have a cause or charity I can give 5% to 10%?? I'm using her name & her image...I just don't feel right NOT doing that! So, I actually in the last year have written her aunt in Mexico 2x's & finally her lawyer in DC...no response! It's weird too, because FRIDA KAHLO is a registered Trademark from her family. Go to www.uspto.gov & search Trademarks "Frida Kahlo"...her family has many! Strange...Oh, well, I'll keep trying. I would LOVE to know what to do if anyone has a clue! Thanks!
And thanks again Sarah & ETSY for addressing this important & complicated issue!

BabbidgePatch

I'm glad to see this topic out for comment ~ it's a serious topic. Protecting your name, designs or patterns by trademark and copyrights are an important, but unfortunate part of business. Professional ethical behavior 'should be' the rule ~ but not everyone holds to that standard. Also, recognizing what is copyright and what is not is sometimes a fine line ~ Thanks for posting the article!

softshelterhats

http://www.etsy.com/shop.php?user_id=...

Here's the URL for an Etsy seller: AttorneySarah. She offers ebooks on the subject of copyright for artists.

As a new Etsy member, I am amazed by this community. Now I'm going to do some shopping of my own here for the first time!

auntyanndesigns

Good article. Agree with linotte. I did obtain a copyright back in 1993 and like she said it is good for the persons life time plus 70 years .. so what to do if it is infringed would be the $$$$$ question.

LaLolla

This article and these posts are all very informative. My beef is as with some of you others. The obviously manufactured items. I think this is being overlooked. this is a hand made only site except for vintage & supplies. It is aggravating to see them all over etsy and nothing being removed. Also, very blatant..Disney images..hand painted on items or not.. I guarantee they do not have permission to use..I have a friend who was sued by Disney for copyright infringement because she owned a bakery and used to put Mickey on cakes..They don't give up their stuff freely..Anyhow thanks for the article.. I agree with others that if rules aren't enforced than they are useless.

FridaInHeaven

I believe my earliest copyright & trademark was 1986. I had a lawyer help me with one doll I designed, but then I did the rest on my own because of the huge expense,( I have 1000's of images registered Copyrights & about 23 registered Trademarks).
One really important thing I learned is if you have a big seller, a great image/design, a character or a cartoon, or even something you have a gut feeling about being "a hit"...Copyright it ASAP...and as "PUBLISHED ~ VA FORM" (Visual Arts)...if anyone in the public has seen it.
Early on I was told to copyright big batches of my work at one time, because it is cheaper under "UNPUBLISHED" because you can protect MANY images! Well, it's true you do have SOME protection that way but, REALLY, if you have a hot item...do the one image for $45.00. It's crazy expensive (& pretty much impossible for most of us!)to protect all of our work...(I don't know about you but I'm prolific, a cartoon factory...I can make 500 cartoons in one day...easy!At $45.00 a pop...not gonna happen!)
So, I always protect my "characters" indivdually as "published"...and any variations of my character I put in a big batch as "unpublished". I have some self published booklets too which is a great way to protect many things in one shot (TX FORM (TEXT)but check box for visuals too). I'll be posting a bunch of my new zines with my cartoons soon...but I'm waiting for the receipt from the copyright office! ARG!!!

TreasureBoxJewellery

Wow, FredaInHeaven - i'm so glad you've just put up the info you have! as i have a number of cartoon ideas too that i'm keen on protecting, again with variations of, which i want to copyright, so thank you for the added info with regards to this!
Which is the best site to copyright with? can you go with any? and if i am from the UK, does the company need to be based here or does it not matter?
I set up my website domain name years ago though i'm guessing this doesnt mean i'm protected for that?! :)
Steffi x

gretchenmist

interesting!
i've SO often thought 'that looks more than 75% like ----'s work' only to find examples in the same shop that look just like another etsy seller's work . . .

miniaturecrochet

I'll just wait until the creative minds prepare to add to their copyrights like the etsy pattern sellers do and that is to say outright you may not make and sell this item or product.Because when they do I will no longer buy these dictating individuals patterns!!!!!!!!!!!!!!!!!! And i appreciate it if you etsians would leave me alone about my work. I think these people are jealous and evil if they don"t own the whole market on selling their items they want to bully others and intimidate them from selling what they love to do and that isto make handmade creations no matter where they get the patterns.If you copywriters feel so darn conceded about your art why bother you bother because money. Its all about money greed and dictating to others don t put your work out their if you don't care to share!!!!!!!!!!!!!!!!!!!!!!!!!!!1

miniaturecrochet

I love your piece thehomebody you are a true treasure to

mankind thank you so much i with you 1000%.

FridaInHeaven

I'm thinking about buying Sarah's copyright book (attorneysarah)here on Etsy "Copyrights For Artists"...because I do know a lot about copyrights and I'm in this legal matter now & learning even more on how to better protect my work in the future...but some things are tricky and complicated. Go to themannlawgroup.com, there is an article there about a photographer who licensed a photo he took for a shoe co., they over used their license/agreement with him and when he mentioned it to them, the shoe company sued him!!! He in turn, filed a counter suit and won 1.3 mil! So, things are wacky!
My work is my livlihood, so, yeah, I am a bit protective of it and don't think it's fair for people to make money from work I did! Sorry "miniaturecrochet" you feel artists should just give it away...Actually, I'm all about sharing, probably one of the most generous people on earth! Not "greedy" or "evil" at all. I'm also about LICENSING...that's "sharing" in the business world. I want people to use my work...as long as they give me a SHARE! A royalty. I like my work & honor it and it's not OK in my book to steal it...you want license, use it but pay me a little...no problem!
Treasureboxjewellry, I don't know anything about the UK! Sorry. I do know that The US Copyrights are honored in most countries (China NOT one of them!), but usually the stuff made in CHINA is coming into an American or inland affiliate/company...so, someone has to take responsibility for accepting it/bringing it in.
All I know for sure is, yes, your work supposedly is automatically copywritten when it comes into form, out of your body...but proving that is the tricky part in court. If you have a copyright in place...you have proof (and maybe even a lawyer on contingency)! It makes it a lot easier too. Also, there is a real common consciousness thing too! It happened with me with "You Are Buddha`Full", at the same time I filed my TM so did a guy in Seattle for "Buddhaful". He did not steal from me! We both just thought of it at the same time...like the phone & electricity & everything else...it's who gets to the copyright or patent office first! We both ended up getting the TM, which is very unusual in the same class!
Sometimes I dream songs! I'm not a musician, and I swear I never heard them before, and I save them on my cell phone & hopefully, I'll produce them one day...but I have a fear maybe it's a song I heard as a child & I'll get in trouble! Great Minds Think Alike! What can I say!?
Again...copyright your work...it does protect your work...I KNOW...it happened to me...don't worry, just DO IT! It's easy!

FridaInHeaven

OOOPS! The web site URL I gave for the article about the photographer winning 1.3 mil after veing sued for his own work is wrong...this one should work...
mannlawfirmgroup.com

DiegosHouseofSugar

This is always such a re-occuring theme for all artists and one of the most volitile. On one hand, myself and those around me, want to uphold our morals and standards as artists but I have noticed more and more that we get attacked when doing so.

I'm not sure when it flipped and the wrong thing to do was frown at the copy-catters but it definitely isn't so black and white any longer. It makes me really sad not only to see that this is such a major problem with artists but the new found attitude I am seeing towards it more and more these days! How did we get it backwards?

More than a few years ago I literally woke up and had an idea of making plaster skull angels. Now a skull angel isn't something new by far but what I had in my head was. I searched for a cherub mold and upon finding one, altered it and my babies were born. Now you can find the exact same ones across stores, ebay, even here. It really made me sad to see the others participating didn't want to contact me, rise to a friendly level to become a united group of angel plasterers (one did, and she's an absolute doll) and wouldn't even go find and make their own unique molds, literally themes and exact same styles. Same goes for several past paintings, paper goods and sketches years ago. But what can you do?

They say imitation is the sincerest form of flattery but if anyone's ever had that monkey on their back it doesn't always feel that way. If the theme of late continues, I will probably get bad feedback for saying this but it's from an honest place. It would be so much nicer if we could all work together as a collective artist community so each party is happy as opposed to working against and ruining each other's fuzzy states of pride in their nurtured originated intellectual property. Run-on sentances and idealist fantasies galore..

shonakulkarni

Well, I'm a buyer not a seller, but this is what Google spat out at me:

http://painting.about.com/od/copyrigh...

http://topics.law.cornell.edu/wex/Cop...

http://www.law.cornell.edu/treaties/b...

And this book, "Art Law Conversations", link here:
http://www.amazon.com/Art-Law-Convers...

dragonflydreamer

I have been researching and preparing to open my little shop that I registered here on etsy just before my son became mysteriously ill. I love very old photographs and read online that if I buy vintage or antique photographs or ephemera and use them in my art without permission, it may likely be copyright infringement without tracking down the descendents of the people in the photographs and obtaining permission. How do I know if I buy a sheet of photos or ads, etc... to specifically be used in art for resale that I am not breaking the law? My Art History professor used to drill into us that "there is nothing new under the sun." He talked about a piece of art being the artists creative expression and interpretation of .... or all art being a derivative of something that has already been said, displayed, published or otherwise put into the arena of ideas. What is the difference between art that is deriative, inspired by, immitated or copied? I do not want to infringe upon someone's orignal design, copyright, trademark, etc... I recently came upon a few of the examples mentioned in this discussion and that is what prompted me to begin my research. I just want to create things of beauty and sell them. This discussion has been helpful and I hope to find answers to my questions through further research and contacting the shop where I plan to purchase some images to ask copyright questions.

fruitsaladvintage

I sell vintage items and have purchased stamps & ink at a local craft store to decorate my vintage bags/purses, could I be in danger of copyright infringement from the maker of the stamp even though they are sold for use in the general public?? I found many sellers recently here on etsy that sell stamps that I can use for my items and I can always buy vintage ones that are not protected. Does anyone think that the actual process of dipping my stamp in ink the applying to my bag, purse, etc.. is wrong just beacuse a bigger seller tells me it is? I also hand wrote "I HEART VINTAGE" on one bag but am basically being called a theif.

softshelterhats

A bit of feedback for dragonflydreamer and fruitsaladvintage:
I was commissioned to design images for the print market. I was specifically told to NOT use commercial rubber stamps for a repeat pattern that was part of my design. So, I designed the stamps and had them produced (about $20 each for line drawings) for this work so that the publisher of the prints would be 100% safe. I have also been on the flip side of this issue: I've designed rubber stamps for manufacturers, knowing that there's no way for me to control who does what with them. Pressing charges against someone using one of my stamp designs for an Etsy creation is out of the question for me; other more aggressive designers might have a more bulldog approach to protecting the use of their images, but it's very expensive to take legal action of any kind. Bottom line: artists don't like other people to make money from their images, period.

About vintage: my understanding is that anything older than 90 years old is in the Common Domaine. The chances of current generations of people recognizing ancestors in vintage photos is so slight! And, I would question whether, after 90 years, they have legal rights to the image in the first place.

firespice

I can understand the person who creates an items side of the story. I am always creating. And I have been copied many many times. But I must say I wish more people would take my attitude on this "Imitation is the sincerest form of flattery" Stop upsetting yourself and wasting your time (and everyone else’s) on someone copying you and take it as a compliment. Put your energy into your next awesome design. Remember the more stuff out there - the more people see it and the more you are likely to get more sales. You can always advertise yourself as "the original" Just enjoy your creativity and don’t stress yourself over this, especially if its not your copyrighted material.

MagneticOriginals

I use copy written material in my art all the time. I find images cut them out and use the actual image. I buy images (some bootleg) from other art sources. I love cutting up packages, anything goes! I was told by Starbucks Coffee to stop using their logos. I was cutting up the coffee packages I was buying. I found out about a law prohibiting people from embellishing copyrighted images and re-selling them as a different product.

Flattened Liquor bottles or bottles with a logo made into drinking glasses are breaking copyright laws. So are all of us that make tiny miniatures of logos and pictures for doll houses.
Some stickers actually say not for embellishment or resale.

I did find using Starbucks gift cards or any gift card for that matter is OK. As long as you don't cut the card or alter it in any way, it can still be classified as a collectible. Collectibles can be embellished and resold for a higher price or whatever the market value is.

As long as an image isn't copied or massed produced I think it is just fine to use other peoples art (OPA). I buy cards and images all the time that I resell on my art. I always give credit on the back of my pieces to the original artist. Cards, books, stickers and postage stamps are some of my favorites.

I can't ask every artist for permission. I think it's just fine If an artist uses these images in one offs. Single, hand made pieces only pays homage to the original artist and creates a new collectible piece of art. Its is a new media which I call "Artvertising". Andy Warhol was really the pioneer in this area. It's free marketing for brands or logos we all love, but as the cease and desist letter I received said; the package I bought is mine, but the logo is still the intellectual property rights of the manufacture.

We live in an image based society. The internet can make anything and anyone into a viral sensation overnight. Today more than ever, with upcycling and advertisers looking for new ways to find and keep the customer, I see more artist and companies being a little more open with their images and logos.

Besides a law suit would bring a small artist wonderful publicity, that otherwise would never come their way.

Shepard Fairey, the artist that came up with the iconic "Obama Hope" image is being sued by Associated Press for taking their image and manipulating it to make it his own. We'll have to wait and see what happens as this plays out.

Until then, I'll keep snapping pictures and painting logos and using gift card in my art work. The government can't crack down on everybody.

Freedom of expression is alive and well on Etsy.

MagneticOriginals

I use copy written material in my art all the time. I find images cut them out and use the actual image. I buy images (some bootleg) from other art sources. I love cutting up packages, anything goes! I was told by Starbucks Coffee to stop using their logos. I was cutting up the coffee packages I was buying. I found out about a law prohibiting people from embellishing copyrighted images and re-selling them as a different product.

Flattened Liquor bottles or bottles with a logo made into drinking glasses are breaking copyright laws. So are all of us that make tiny miniatures of logos and pictures for doll houses.
Some stickers actually say not for embellishment or resale.

I did find using Starbucks gift cards or any gift card for that matter is OK. As long as you don't cut the card or alter it in any way, it can still be classified as a collectible. Collectibles can be embellished and resold for a higher price or whatever the market value is.

As long as an image isn't copied or massed produced I think it is just fine to use other peoples art (OPA). I buy cards and images all the time that I resell on my art. I always give credit on the back of my pieces to the original artist. Cards, books, stickers and postage stamps are some of my favorites.

I can't ask every artist for permission. I think it's just fine If an artist uses these images in one offs. Single, hand made pieces only pays homage to the original artist and creates a new collectible piece of art. Its is a new media which I call "Artvertising". Andy Warhol was really the pioneer in this area. It's free marketing for brands or logos we all love, but as the cease and desist letter I received said; the package I bought is mine, but the logo is still the intellectual property rights of the manufacture.

We live in an image based society. The internet can make anything and anyone into a viral sensation overnight. Today more than ever, with upcycling and advertisers looking for new ways to find and keep the customer, I see more artist and companies being a little more open with their images and logos.

Besides a law suit would bring a small artist wonderful publicity, that otherwise would never come their way.

Shepard Fairey, the artist that came up with the iconic "Obama Hope" image is being sued by Associated Press for taking their image and manipulating it to make it his own. We'll have to wait and see what happens as this plays out.

Until then, I'll keep snapping pictures and painting logos and using gift card in my art work. The government can't crack down on everybody.

Freedom of expression is alive and well on Etsy.

zombuki

@fruitsaladvintage: It could be considered fair use, right? I always thought it was okay, but I had a company contact me for selling paintings that used a stencils, theirs, in it. Apparently some things, even at craft shops, are considered "personal use only" by their companies. It's all too confusing.

MagneticOriginals

I use copy written material in my art all the time. I find images cut them out and use the actual image. I buy images (some bootleg) from other art sources. I love cutting up packages, anything goes! I was told by Starbucks Coffee to stop using their logos. I was cutting up the coffee packages I was buying. I found out about a law prohibiting people from embellishing copyrighted images and re-selling them as a different product.

Flattened Liquor bottles or bottles with a logo made into drinking glasses are breaking copyright laws. So are all of us that make tiny miniatures of logos and pictures for doll houses.
Some stickers actually say not for embellishment or resale.

I did find using Starbucks gift cards or any gift card for that matter is OK. As long as you don't cut the card or alter it in any way, it can still be classified as a collectible. Collectibles can be embellished and resold for a higher price or whatever the market value is.

As long as an image isn't copied or massed produced I think it is just fine to use other peoples art (OPA). I buy cards and images all the time that I resell on my art. I always give credit on the back of my pieces to the original artist. Cards, books, stickers and postage stamps are some of my favorites.

I can't ask every artist for permission. I think it's just fine If an artist uses these images in one offs. Single, hand made pieces only pays homage to the original artist and creates a new collectible piece of art. Its is a new media which I call "Artvertising". Andy Warhol was really the pioneer in this area. It's free marketing for brands or logos we all love, but as the cease and desist letter I received said; the package I bought is mine, but the logo is still the intellectual property rights of the manufacture.

We live in an image based society. The internet can make anything and anyone into a viral sensation overnight. Today more than ever, with upcycling and advertisers looking for new ways to find and keep the customer, I see more artist and companies being a little more open with their images and logos.

Besides a law suit would bring a small artist wonderful publicity, that otherwise would never come their way.

Shepard Fairey, the artist that came up with the iconic "Obama Hope" image is being sued by Associated Press for taking their image and manipulating it to make it his own. We'll have to wait and see what happens as this plays out.

Until then, I'll keep snapping pictures and painting logos and using gift card in my art work. The government can't crack down on everybody.

Freedom of expression is alive and well on Etsy.

wangtian

how can I build my own blog?

chubbycheeksweaters

Excellent topic. Best I have read so far. One can always inquire to the copyright office located in Washington DC. They will send you "exact" information on copyright law. Very good information; useful to all.

Blessings!

solocosmo

i think I read almost every post! Whew...one thing I did see just briefly mentioned was art that is already in the public domain. I use lots of vintage ephemera and turn of the century prints...and i always make sure that every image I use is in the public domain...having it's copyright expired and never renewed. If I am ever even the slightest unsure of an image being available to use it's simple...I don't use it! Rule of thumb is that MOST things before 1930 are in public domain unless renewed.

I also do my own original art and so I guess I feel its my personal responsibility to not make any mistakes when using other peoples art. I always do my very best!

I even wanted to use a photo of my sister and her cat in one of my collages and called her across the country to ask who took the photo and see if I could ask them permission to use it in my work. My sister didn't understand why I was making an issue of it...But It turns out the friend who took it was a professional photographer and used the photo in her portfolio....she was very happy that I asked and gave me the freedom to use the image, but admitted that if I has used it without permission she would have been beyond offended even if it was a photo of my sister, it was still HER art.

JenGillette

I get grumbly about copyright law, especially when artists who appropriate licensed images are targeted.

prettyscruffy

Well it took me the best part of an hour to read all that, I feel better informed but still a little confused. I made the decision long ago to ignore and be flattered by anything less than a blatantly direct copy of my work. We meet lots of like minded people at craft fairs who make very similar things to each other and to us, some people get grumpy because they use buttons and so do we, all be it in a entirely different way. At the end of the day everything sells well and the customers choose. We just strive to make our work as unique and as 'us' as possible. The world is very small and the craft world is even smaller, I am not surprised when I find work similar to my own, I am often disappointed that it no longer feels like mine.

SophisticateStyle

Great article and great information.

daveconrey

So I guess its ok for me to put Nike logos on my work and sell them, or create a handbag and call it a Kate Spade. Or better yet, I'll scan my Van Gogh poster, make prints and sell them because honestly, what are the chances that any of those groups are ever going to see it. And if they didn't see it, I obviously didn't do it, right?

Not that I'm worthy of being copied, but now I have to be vigilant and wary of all the potential thieves because Etsy absolutely does not have my best interests at heart.

Dimpleprints

What to do about a blatent knock off of a digital design? Any suggestions? I haven't filed copyrights for my designs. Carli

QuiteContrary2

I'm not sure abouy anyone else, but as a new seller to Etsy and just generally, I would really find it very helpful if you coudl do an article on the basics of Copyright? I'm from the UK so that probably means it's different rules to the US...is there anyone on the Etsy staff team from the UK who could give us some of their gems from copyrighting their products? Tried to look at the official site for some help and it just really confused me, wasn't really aimed at us crafty sorts very well! Thanks.

ColourHarmonics

V. useful thank you !

tinytins

I see hundreds of etsy stores that are obviously profitting from reproducing copyrighted logos...just type in Disney, Twilight, Michael Jackson, NFL and you will find 1000's of items from jewelry to vinyl decals. Is it ok to take a book cover of a Twilight logo and turn it into a scrabble tile necklace to sell? Isn't that illegal? Love etsy, but their 'copyright infringement policies' are very fuzzy. One person's store can be flagged, but hundreds skate by selling their items. If Etsy is going to stand by the copyright priciples then they also need to enforce the rules on all stores selling bogus items.

littledottydesigns

Glad to have found this article after spending a long, mind-boggling few hours trying to read up a little on copyright issues in the last few days.
I was wondering if anyone could help clear up an area which is puzzling me, please?
In my crafting, I like to make use of materials which would otherwise be thrown out with the rubbish; I was wondering, which instances could/would be considered as infringing upon copyright. 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!), 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. of a famous cartoon character - from the book/magazine, would this be copyright infringement? From my research, it seems to suggest that whilst it 'should be', it is somewhat a 'grey area', in particular due to the 'fair use' policy (e.g. if I have bought the book, I own the article, thus I am free to use the images within, so long as I am not (a) making copies of them, and/or (b) representing the copyright holder in a derogatory manner). In the same respect, if I were to take old sweet wrappers and make a pendant or badge from the wrapper (upon which the brand name/make is still visible - or moreso, is the main point of the accessory), is this considered recycling or copyright infringement?
I ask out of curiousity, as I have many ideas and product prototypes; I am looking into setting up my own shop on etsy in the future perhaps, but I am very keen to ensure that I abide by copyright laws etc and avoid prosecution/legal pursuits!
It seems to me that the line between copyright infringement and recycling/'upcycling' is far from being clear cut; when old products are remade into something else - as in the example of a sweet wrapper or book image being made into a piece of jewellery/accessory - is this environmentally-conscious re-use/recycling/'upcycling (provided that you acknowledge that the original logo/artwork/design/image is not your own, but from product x - e.g. book title '...' by author, or 'terry's chocolate orange segsations wrapper - which you are recycling, thus the copyright is owned by that company/brand/artist) or copyright infringement?
If you create a collage or decoupaged piece using old magazine cuttings, are you going against copyright laws?
Some things seem to have more obvious answers than others, but I am enthusiastic to find out more as to make myself as educated as possible on the subject before I dare to embark upon even considering selling any 'creations'!
Thank you to everyone who has commented so far for the input - it has been an intriguing read!
Best wishes to all..hope you have a good day, wherever in the world you may be! :-)
Sam
p.s. Apologies if this is repetitive / incoherent; I am typing this in a half-asleep state! :-P

littledottydesigns

p.p.s. Sorry for the terribly long comment!