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.