What's flagging? It's how Etsians can report items to Etsy admin. People flag for many reasons. Copyright infringement is just one example, and SarahSays will be discussing this below.
Another example: if concerned members of the community spot someone selling a mass-produced item on Etsy, they can notify the Etsy admin (without the suspected seller knowing who the reporter is) by clicking the link to "Report this item to Etsy." Then the matter is up to the Etsy admin to investigate in a way that doesn't involve calling sellers out in public.
However, concerned Etsians may not understand what qualifies as copyright infrigement and Etsy's role in the process, and as a result flag too much. In this article, SarahSays will explain copyright infringement and the role of the copyright holder.
Concerned members of our community often flag items due to the appearance of infringement. For example, a member may flag a handmade t-shirt with a silk screened image of an iconic cartoon character. Later, the member may become frustrated, disappointed or confused when the item remains on Etsy.
Intellectual property rights are very important to Etsy. When Etsy receives a complaint from a copyright owner, Etsy, as a venue, attempts to remedy the situation. Etsy treats all complaints seriously, whether the complaint is from a well known company, an individual, or from an Etsy member.
However, under United States copyright law, only the legal or beneficial owner of an exclusive right under a copyright is entitled to take action. In other words, copyright owners are responsible for policing their own rights and bear the cost of policing.
In the case of the silk screened t-shirt, the owner of the copyright of the cartoon character has the right to decide how to proceed. If copyright owner believes that the use is infringing, the owner might ask a seller to stop selling the items. Alternatively, the owner might ask the seller to enter into a licensing agreement. The copyright owner could like the t-shirts and the publicity; the owner might choose to allow the use. It is not up to Etsy or a community member to decide what use of a character should and should not be allowed.
Also, an Etsy seller may have permission to use a copyrighted image in their handmade items. Some Etsy sellers have licenses with companies to use certain intellectual property. In fact, certain Etsy sellers have entered into agreements with other Etsy sellers for the benefit of both parties.
Let me know what you think about this topic!
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.
