The Storque - Comments for article: Etsy, I See Copyright Infringement

when you cont

Fri, 15 Aug 2008 00:14:11 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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.

Oh, I did onc

Fri, 08 Aug 2008 08:37:34 -0000

On article: Etsy, I See Copyright Infringement
Comment by: basementsafari

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

What about th

Fri, 08 Aug 2008 08:25:41 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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!

sorry about t

Tue, 29 Jul 2008 23:53:05 -0000

On article: Etsy, I See Copyright Infringement
Comment by: badcatjewelry

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

I think that

Tue, 29 Jul 2008 23:50:39 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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.

This is a fas

Tue, 29 Jul 2008 23:21:52 -0000

On article: Etsy, I See Copyright Infringement
Comment 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.

I think Sarah

Tue, 29 Jul 2008 20:54:26 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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! :)

Sorry for the

Sun, 27 Jul 2008 18:04:12 -0000

On article: Etsy, I See Copyright Infringement
Comment by: peaseblossomstudio

Sorry for the double post.

I would like

Sun, 27 Jul 2008 17:37:48 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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.

This is a gre

Sun, 27 Jul 2008 13:37:52 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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?

Have to agree

Sun, 27 Jul 2008 11:22:59 -0000

On article: Etsy, I See Copyright Infringement
Comment by: hannahfaerie

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

"...under Uni

Sun, 27 Jul 2008 10:16:00 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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.

How does this

Sat, 26 Jul 2008 18:11:45 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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 :)

What get's to

Fri, 25 Jul 2008 19:31:33 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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?

Hello: Tha

Fri, 25 Jul 2008 16:16:42 -0000

On article: Etsy, I See Copyright Infringement
Comment by: SarahSays

Hello: Thanks for the thoughtful replies. I hope to clarify some confusion. As I explained in this article and as we can see in my “You be The Judge” articles, it’s up to the intellectual property owner to determine if there’s a problem and then to determine what to do about it. And it’s not always “obvious” if a use may constitute infringement (and if it MIGHT constitute infringement, it's not always obvious what will happen in court). Does Etsy ever pull items? Yes. Etsy treats all proper notices the same, be it from an attorney of a HUGE brand or from a brand new DIY artist. Just like Etsy complies with our policies, each Etsy seller must comply with Etsy’s TOU and other policies. 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. I hope this helps. Thanks for the intelligent discussion. Please feel free to Convo me anytime about anything. Sarah

"Intellectual

Fri, 25 Jul 2008 16:02:56 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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.

sorry on the

Fri, 25 Jul 2008 09:15:00 -0000

On article: Etsy, I See Copyright Infringement
Comment by: underthewire

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

The article i

Fri, 25 Jul 2008 09:12:59 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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.

all apologies

Fri, 25 Jul 2008 07:37:04 -0000

On article: Etsy, I See Copyright Infringement
Comment by: ruhue

all apologies for the duplicate.

i am so disap

Fri, 25 Jul 2008 07:36:02 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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.

[edit} the

Fri, 25 Jul 2008 06:16:01 -0000

On article: Etsy, I See Copyright Infringement
Comment by: justynhegreberg

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

another hypot

Fri, 25 Jul 2008 06:14:35 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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.

"thanks for p

Fri, 25 Jul 2008 06:03:17 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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.

Etsy is not r

Fri, 25 Jul 2008 05:45:06 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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.

best part of

Fri, 25 Jul 2008 04:50:59 -0000

On article: Etsy, I See Copyright Infringement
Comment by: staceyrebecca

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

I actually ag

Fri, 25 Jul 2008 04:50:09 -0000

On article: Etsy, I See Copyright Infringement
Comment by: TwistedThicket

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

thanks for po

Fri, 25 Jul 2008 02:16:19 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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!

Each shop is

Fri, 25 Jul 2008 00:44:43 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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!

Dotty, you ar

Thu, 24 Jul 2008 22:59:21 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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.

that seems si

Thu, 24 Jul 2008 21:56:06 -0000

On article: Etsy, I See Copyright Infringement
Comment by: andymathis

that seems simple enough to me too, Dottyral.

If someone do

Thu, 24 Jul 2008 21:48:17 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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.

Great topic t

Thu, 24 Jul 2008 21:14:19 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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!

Sarah says "I

Thu, 24 Jul 2008 20:54:50 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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.

Good question

Thu, 24 Jul 2008 20:35:33 -0000

On article: Etsy, I See Copyright Infringement
Comment by: quirke

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

i would rathe

Thu, 24 Jul 2008 20:34:40 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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.

What are the

Thu, 24 Jul 2008 20:25:18 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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.

I'm curious a

Thu, 03 Apr 2008 13:28:07 -0000

On article: Etsy, I See Copyright Infringement
Comment by: starbrightgirl

I'm curious about the above as well.. Also - what about the usage of phrases or quotes - would this be copyright inringement too?

What about "P

Tue, 20 Nov 2007 17:23:41 -0000

On article: Etsy, I See Copyright Infringement
Comment by: babyagoogoo

What about "Pop Art"? Is it fair game to paint a picture of an iconic toy or doll? Is that copyright infringement?

It bothers me

Fri, 09 Nov 2007 03:24:42 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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.

what about if

Thu, 08 Nov 2007 00:48:02 -0000

On article: Etsy, I See Copyright Infringement
Comment by: 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?