Search results (tags) for: "attorney"

All about Etsy FAQ Series: Legal Info

2008-01-22T16:38:00Z

In this installment of the All About Etsy FAQ series, SarahSays will explain Etsy's stance on our involvement in the legal issues of Etsy users, as well as the answers to the most pressing FAQs. Sarah is Etsy’s in house lawyer, as well as a jeweler. She writes a Storque column which addresses legal issues for artists.

Before I worked at Etsy, I was an attorney in a regular law firm. I had some extremely talented and creative clients. In general, my clients would only contact me with problems. They would never email me or call me or even stop by to shoot the breeze when things were going well (maybe it was because the law firm charged the client for my time). No, when you really need to talk to your lawyer, there's usually an issue.

Now that I am here at Etsy, Etsy is my one and only client. Although I wish I could provide everyone on Etsy with the advice and guidance they may desire, legally, I cannot. This is more than just a legal issue: it’s a practical one. Only an attorney who spends time with a client, and time doing appropriate research, can determine whether which detail is important to a given issue. And practically, there are just too many Etsians, and too few hours in a day.

Even so, I am often contacted by Etsians with questions. Although I cannot provide legal advice, I can provide general legal information, and hopefully this information is helpful. In fact, I write Storque articles to help our community. Here is a list of the most frequently asked questions that I receive.

1)    What do I do? I got a Cease and Desist letter.
First and foremost, breathe. Then sit down and carefully read the letter. You may want to contact the other party to discuss the situation. You never know: the issue might be a simple misunderstanding. You may also want to talk to an attorney. If the letter has to do with the name of your shop or an item in your shop, you may choose to contact Etsy.

2)    What do I do? Someone is copying me on Etsy.
First, please examine the situation. Think about what aspect of your work may have been copied. Remember that, in general, ideas are free for everyone. Please do not discuss this situation on Etsy (in the forums, the Storque or in any other public forum) in a way where someone else can figure out who (or what) you are talking about. That is “calling out.” You may choose to respectfully contact the other person to discuss the situation. Also, you may choose to notify Etsy (as outlined in Etsy’s Copyright and Intellectual Property Policy). For more information, please check out this Storque article.

3)    Can I use ____ in my art?
Many artists wonder if it is legal to use found materials to create art. For example, a collage artist may want to use magazine pictures or images from a website, a bag maker may question using licensed fabrics, or a graphic designer may wonder about the legalities of utilizing a famous photograph. Unfortunately, there is no general answer to the general question of creating art using the work of others. And, in fact, even judges and attorneys may disagree regarding a specific situation. Usually an answer requires research, depending on the specific circumstances. So if you have a specific question, you may choose to ask the owner of the image (or the intellectual property) for permission to use the work. You never know: that person or company might be thrilled about the free publicity. You may also want to talk to an attorney.

4)    What if someone says I am infringing on their trademark?
The logo on your can of soda, the brand symbol on your t-shirt, and your car’s hood ornament are all examples of trademarks. The name of your Etsy store may also constitute a trademark. A trademark includes any word, name, or symbol use to distinguish a product. United States trademark law exists, in part, to protect consumers from getting confused from the source of a product. But what if someone argues that your Etsy store is using a trademark unlawfully? First, calmly think about the situation. You may want to discuss the issue with the other person or with an attorney. If necessary, please email abuse@etsy.com.

5)    Someone said I copied them!
If you suspect a forum post is “calling out,” please email community@etsy.com. You may choose to discuss this issue with the other person. It may be a simple misunderstanding. You may also consider speaking with an attorney. If the problem has to do with your Etsy shop, you may email abuse@etsy.com.

6)    How do I know if I’m following the correct laws for my Etsy business?
It’s up to each seller on Etsy to abide by the appropriate laws, statutes and regulations relating to your business and selling your products. In fact, by signing up for Etsy, you agree to follow such laws. Please research and keep up to date on these matters as laws may change. For questions, please consult an expert.

This information is for educational and informational purposes only. The content should not be construed as legal advice. The author and Etsy, Inc. disclaim all responsibility for any and all losses, damages, or causes of action that may arise or be connected with the use of these materials. Please consult a licensed attorney in your area with specific legal questions or concerns.

Etsy’s Copyright Policy

2007-12-18T07:44:00Z

As a marketplace, Etsy serves, on the one hand, as a place where people come to buy and sell, but on the other hand, it's also a place where ideas and inspiration flow. Sometimes this is in a friendly way, and sometimes in a not so friendly way, and sometimes in a misinformed way. In any case, there's a lot of anxiety on the part of sellers about copyright and rightly so. The Storque and Sarah, Etsy's in-house attorney, got together to come up with some information about what U.S. copyright is and what it means for artists in the U.S. right now. Etsy does have international sellers, but we just cannot provide info for each and every country where Etsy sellers reside. But it would be great if international sellers can add useful info in the comments below.

Below you'll find the rationale behind the way Customer Support and Sarah deal with copyright issues on Etsy, as they come up between corporations and sellers, as well as between sellers. We hope that this post gives sellers a good picture of Etsy's role in copyright disputes and what sellers can do if they find themselves in a sticky situation.

Etsy takes intellectual property rights very seriously. Under United States copyright law, only the legal or beneficial owner of an exclusive right under a copyright can take action against possible infringement. That means that it is up to the copyright owner, and not a concerned third party, to decide what can or should be allowed. Why is the law written that way? That third party person may not know all the details about the copyright or if there is a licence agreement. A third party might not have the whole story. Also, misrepresenting an infringement may result in legal costs. (For more information, see related Storque article, Etsy, I See Copyright Infringement.)

If you have an intellectual property related issue on Etsy, there are a few ways you can choose to respond. For example, you may decide to contact that person directly, as in you can privately convo them or email them. Don't air your complaints on the forums or call someone out publicly! You want to be careful about accusations, because it's possibe to make things worse when you really mean to make things better. Etsy wants to hear from you before things get sticky! Communication can head off a lot of further troubles! Sometimes the issue is a simple misunderstanding and you’ll benefit from talking it over. Or you may want to talk to an attorney and get some advice or do some more research.

Here's how to report an intellectual property issue to Etsy:

1) Flagging

If you see an item on Etsy that does not comply with Etsy’s Terms of Use or other site policies, please email flagged@etsy.com.

2) Formal Infringement Complaint (following Etsy’s Copyright and Intellectual Property Policy)

Etsy's Policy covers allegations of copyright infringement as well as other intellectual property infringements (for example, trademarks and patents). It also requires a physical signature (by fax or regular mail – not by email, except by prior agreement). The policy is consistent with Digital millennium Copyright Act (DMCA).

A complaint according to Etsy’s Copyright and Intellectual Property Policy is a serious matter. You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity infringed on an intellectual property right. In fact, in Online Policy Group v. Diebold, Inc. a company that sent an infringement notification agreed to pay over $100,000 because the materials were protected by the fair use doctrine. Our point in writing this article is to explain that the policy and the U.S. copyright laws exist to make sure that claims are legitimate. Taking a claim to this formal complaint stage is pretty serious business.

If you are not sure whether the material on Etsy infringes on one of your intellectual property rights, please contact an attorney first or go the route below as a next step.

Each intellectual property issue is different. The best option for you depends on the circumstances. Please check out www.copyright.gov for more information on U.S. copyrights, www.uspto.gov for information on trademarks, and http://www.etsy.com/copyright_policy.php for Etsy’s Copyright and Intellectual Property Policy. Also, check out my other Storque articles on this subject. Please talk to a lawyer if you have specific questions.

SarahSays is Etsy's inhouse attorney. She has recently published an e-book Copyright for Artists and it's available through her Etsy shop, AttorneySarah.

This information is for educational and informational purposes only. The content should not be construed as legal advice. The author and Etsy, Inc. disclaim all responsibility for any and all losses, damages, or causes of action that may arise or be connected with the use of these materials. Please consult a licensed attorney in your area with specific legal questions or concerns.

SarahSays Copyrights: Register for U.S. Copyright Online

2007-11-20T11:16:00Z

As Etsy's in house attorney and as a jeweler, I was so exited to hear this news I'd been waiting for for a long time. The United States Copyright Office announced that it is conducting a beta test of its web-based registration system. The public can request to participate in this test. Beta testing covers basic registration for visual arts works which includes, for example: commercial prints, collages, dolls, toys, fabric, games, greeting cards, jewelry designs, mosaics, photographs, and sculptures.

According to the U.S. Copyright Office, applicants will be selected in the order that requests are received and based on the type of work, the type of samples of the work submitted, the frequency of registration, whether the work is published, whether an individual or a company is submitting the work and based on the type of payment. Participants will file basic copyright registration claims online at a reduced fee ($35 instead of $45). If you want to be considered for beta testing, you will need to complete a short release form.

I see this move as a long time coming. And I am very excited to see what happens after the beta testing is complete. I know the Etsy community will benefit from the convenience of online filing and the lower fee.

Further Resources
The US Copyright Office beta testing announcement.
For more information about U.S. Copyright visit www.copyright.gov.

If you are selected to participate in the beta testing, please let me know how it goes in the comments below!