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That's so annoying. Because I've heard tons of small shops that have had their work actually stolen and Etsy does nothing about it.. Etsy doesn't care unless the copyright belongs to billion dollar industries.
Eh, I don't really think that Etsy "doesn't care". They are managing a company that consists of over 4 million sellers and this video kind of outlines how they are making strides to improve and adapt. I think this reporting portal is a move in the right direction to help the exact issue you're talking about. This is a tool for everyone to use. Not just big businesses. As sellers, we can't demand changes be made, then get upset when the company moves to make those changes. If you follow Etsy on LinkedIn, you'll see that they are hiring TONS of new staff to hopefully help with the review of reports to reduce the number of theft on the platform. I'd say this is a step in the right direction.
My design business was set up in 2010 to licence my designs but this has been exsploited by IP infringments and Etsy allow the infringments to continue weather the accused has or hasn't signed a DMCA Notice. Also noted so many Chinese manufacturers doing the infringments whilst claiming to be handmade sellers and Etsy will not allow me to report them as they have blocked me after what I noted to be 5 fraudulent IP reports made against me which are not proper IP reports, and Etsy did not obviously read the fake IP reports before feeding them in to the system. I paid thousands to Etsy to promote my shop and I lost my business to fraudulent reports and Etsy's incompetence to follow their own protocol's in place for fair business practices
It can get worse than that: the thief can file for IP and then they can claim IP infringement against the small shop. The small shop will have to prove _in court_ that they had the original idea (and didn't file for IP) which might not be able to afford since they are a small shop. Even if they can afford it, you can never know beforehand how will this end. Etsy made *one* aspect of the process easy(er). Not everything.
About 8 months ago I opened a shop on Etsy selling Sanrio inspired jewelry. Of course this was a mistake because a few months after that, my listings were deactivated. But what's unfair is that I knew another creator on Etsy who cheerfully sold Hello Kitty and Sanrio chokers for months and was never punished for it. No one reported him and no one did anything about it.
There's a difference between "doing something legally" and "not getting caught". Doing hardcore drugs is super illegal but people get away with it if they aren't caught. It doesn't make it any more legal. If it's okay for us to steal the IP of major brands, what says that major brands shouldn't be able to steal from us? It's either all okay or none of it is okay, which means as sellers, we need to be aware of the laws and abide by them, even when others do not. Your neighbor may be doing hardcore drugs in his basement but that doesn't mean that he's doing it legally. I hate sounding like a downer but this is the law. To be a legit business, you have to be willing to abide by the law. Because getting your shop shut down is a best-case scenario. A lawsuit is the worst-case scenario and unless your lawyers can beat Sanrio's lawyers, it's probably better to play it safe.
@@shykobxbyyi honestly think the issue is that you may be using sanrio/sanrio character names in your tags, title, or description and this is is probably what is making it easier for them to find you. Usually the people with big sales and selling licesned characters are not using the licensed names at all
Looks more to me like Etsy is promoting trademark infringers. There's a whole culture of intellectual property infringement on Etsy. There are loads of shops with thousands and thousands of sales who's whole business is based on selling Disney, Star Wars, Marvel etc.. They even use it in their keywords. Etsy's making a killing on fees, so either Etsy has some kind of a licensing deal with these empires or they're complicit and profiting. So, the only reason a seller wouldn't take advantage of that opportunity would be due to genuine personal values and integrity and there's not too much of that left in the world.
Right on girl! I went back to school about a decade ago for Graphic Design and Computer Art. We had to take a class on copyrights and you nailed it. :)
Thanks so much for this Starla. Very informative. I got some "push back" last year when I pointed out that Baby Yoda merch on Etsy was a no-no. Don't mess with the mouse. They got very indignant. Thanks again!
ALSO...don't think that because you're not selling much means you won't be caught. Example... 4 years ago, I was new to the handmade world and I made bottle openers with sports and brewery logos. I stopped selling them shortly after learning about copyright. However...those old 4 year old photos were still on my PERSONAL Facebook. Guess what? The Miller company found it, reported it to FB and FB took down and DELETED my ENTIRE personal profile!! From 4 year old photos I simply forgot about that I wasn't even selling! Don't think you won't get caught!
I'm so happy about this! I held a license with a major university for a few years (paid the fee and jumped through the hoops, complied with design limitations, etc.) only to have to compete with a LOT of unlicensed merch on Etsy. It was very disheartening.
That's the worse. I feel bad for all of the brands who spend time actually getting licensed. Especially for those who pay big bucks to make it possible and to do so legally.
I believe someone on Etsy is trying to get me to take down my listing that apparently trademarked “blood vial pendant kit” My listing is a blood vial necklace They said I can’t use any one of those words ? How is that possible blood vial necklace those are all general words and she said I can have a similar image either? Is this just a straight up lie? intimidation tactic?
Thanks Starla for explaining this!! I LOVE your Dr. classes!! I see a lot of common phrases celebrates say on shirts - but they are human and just like the rest of us 'regular' people who all speak the same English language so how on earth do we know what is safe and what is not safe just because a celebrity said a phrased?? If its not trademarked how would we know we are infringing?? I took your advise and paid a few bucks to Ask a lawyer and even their answer was vague when it came to a word in a song or phrases from a book. I understand about the Disney stuff because that is obvious but the rest is so vague, I'm worried to put anything in my shop now.
Your best bet is to check phrases in the USPTO Trademark database for any phrases not falling within the public domain. It's not always celebrities. For example, Gerber owns rights to the word "Onesie" for babies. It can get a bit crazy. I usually start in the TESS database within the USPTO website, then I will double-check the exact phrase in google, specifically scanning for articles and blogs from lawyers or official government sources. I know how hard it can be. The most you can do is check those common phrases, just to be sure. www.uspto.gov/trademarks/search
I am excited but wary. Etsy's new systems have either been a hit or miss. I sell fairytale invitations with no Disney imagery, no Disney quotes or names, and same with my tags. But my title and tags will still have Beauty and the Beast and Cinderella but not Tangled, Frozen etc. I don't infringe and yet still may get hit if they are just auto populating tags and removing. And there are many other shops that sell fairytale themed products that are not infringing (We are definitely the minority in this area as so many sell copyright products.) It will be great for business as long as we don't get lumped in with the ones who are actually stealing and selling Disney products and images.
I agree - but in this case, I believe that as long as you file your counterclaims along with the year that the original tales entered the public domains, along with statements outlining that the works are your own, you should be reviewed quickly. I've noticed on LinkedIn that Etsy has been hiring TONS of new support staff this month. This should begin to make manual review processes a lot faster!
@@StarlaMoore I am really excited and this should be a huge positive for so many on Etsy that have been disheartened over copyright infringement! If I have to shift I shift thankfully I have just as many non themed products so waiting to see how it goes 😊 If it becomes to big of an issue I will not fight it and focus on other stuff because no one has fight Disney money 🤣
That can be tricky. The video did explain the ambiguous situation of Alice and Wonderland. Fairy tales work the same way. As long as the product isn't too similar to the Disney version of the fairy tale, it should be fine. My favorite Disney movie is Frozen. Making fan art of the movie is copyright infringement. The video showed a picture of it. However the Snow Queen fairytale in general is public domain. Someone can make their own spin. The first time I experienced the story was the Hallmark movie Snow Queen. It is a great movie. It is even available on RUclips. Frozen was released after the Hallmark version. Both have a Snow Queen as a major character, but otherwise they are very different. I like both versions. Magic the Gathering recently released a fairytale themed set called Wilds of Eldraine. Plenty of cards are reminiscent of Disney movies. However they don't use the Disney style and likeness. The blue and white pair even has cards based on the Snow Queen. I am really excited about that. On can even make their own original OCs and still get some inspiration from the Snow Queen. One major example is the White Witch in the Lion the Witch and the Wardrobe. She is a Snow Queen expy. I have one of my main OCs be this guy, named Soram. He mainly specializes in dark magic. However I did mix in quite a few inspirations. One was Frozen. So Soram does have ice powers on top of his dark powers. Heck there are plenty of other characters with ice powers. One can get creative with it. There is also Jack Frost. I am familiar with the one in Rise of the Guardians. There is Frozone from Incredibles. Pokemon has a whole ice type. There are some specialized trainers for the type, like Lorelei and Melanie. World of Warcraft has ice magic in the Mage and Death Knight classes. Even Avatar has waterbenders with an affinity for ice. There are a lot of creative ways one can go with it.
wow....everything you've listed is basically 80% of Etsy. Will be interesting to see what happens! Now I totally get that people who use logos, brand names, or like direct art that isn't theirs as prints/tshirts/mugs, I wonder though if handmade things that are not mass produced and in a different medium or context would be ok, as it could be covered as a "transformative work" in the Fair Use Doctrine. Like I'm seeing a lot of embroidery art inspired by famous art, people who make dolls that are inspired by certain characters or famous writers, or paintings inspired by films. Are those things not protected? Since they are a completely original re-working of a piece, are inspired things not legal?
Unfortunately even if the items ae your own interpretation, they cannot be sold on Etsy. Though some items can fall under parody/satire, big brands will still report the items and Etsy will always side with the big brands in order to play it safe. So it's best to not list these items on Etsy.
The only thing that made me nervous when I read the notice from etsy was the thought that sellers will be reporting things that they don't have a right to, such as a particular design for a craft. For example, a copyright on a crochet pattern only covers the pattern. The pattern creator has no right to try to prohibit items being sold that were made using their pattern. They always put those kinds of disclaimers, but they don't mean anything legally. I also think people will be like "I thought of that first" and report things without legal grounds. They do it already and this new system will make it even easier.
Not necessarily. If you follow Etsy on LinkedIn, you'll notice that they've actually been hiring a TON of new people. I've counted at least 30 over the last few weeks. This likely means that Etsy is gearing up their support staff to tackle the filtration of copyright strikes - which is a great thing! It means a real person will likely be reviewing these counter-claims to ensure that false claims aren't passing through the system. I wouldn't worry too much. Without "proof" that they actually created the item first, or a legal copyright that they paid for, I don't see small unique cases like these getting far.
@@StarlaMoore I don't see them getting far either. But I can see how it could be an inconvenience for sellers if their listing gets suspended until Etsy has a chance to investigate.
@@jen_crochetfun I'm hoping they really start speeding up their support and maybe even bring back live chat now that they are expanding their team. We need better seller support for sure.
I love seeing how your business has grown! I was experimenting with clay and pewter skeleton key pendants and you liked an instagram post some years back but I didn't realize who you were in the whole scheme of things. I have branched off in what I am creating...currently I'm trying to create branding without infringing on copyrites (or paying anyone to help me cuz well I cant afford to pay anyone right now) anyways I just love how supportive you are of other artists and entrepreneurs. Keep Killin it Starla! And as always thank you for sharing your knowledge of how Etsy works. Cheers girl
Awww, that's so awesome! I'm so happy that my mom gave me a weird name that stands out. 😂 As of right now, my jewelry business has been parked due to all of the crazy issues with Swarovski crystals last year and my divided time working with eRank and with my coaching full-time. But I'm working on another totally secret and super niche shop that I'll be sharing later this year. 😉
This is SO LOOONNNGG overdue! When the violating shops are shut down, many of their non-violating items will disappear also, and that will make it less competitive for the honest shops. Cheers to Etsy for supporting their best in class business partners.
Etsy went from 1 million sellers to 4 million sellers in a 4 year timeframe. I have a feeling this will help to thin out a lot of the re-sellers and eBay junk shops.
I agree 1000%. It's about time. I cannot understand how people don't see this as stealing just because it's a big brand. Come up with your own ideas and it won't be an issue.
this new rule only helps etsy trademarked items and bigger shops who can afford copyright and trademark patents and filings none of these changes will help smaller shops.
@@StarlaMoore Hi great video I was wondering if you have an answer for this I have a metaphysical shop and one of the key words on my listingsI title is paranormal activity am I allowed to use it since that’s a movie and what I’m listing is not ? Thanks
What happens to a shop when it receives one or two copyright strikes? Does Etsy limit the shop's exposure or take any actions behind the scenes? If a copyright strike has a permanent impact on the entire shop, should the store owner consider starting a new shop to avoid being capped and allow the business to continue to grow? What's your suggestion? Thanks!
Strikes typically affect your IP address. Not just a singular store. So if you're repeatedly getting strikes, unfortunately starting a new shop may not help. My best advice is to be careful and don't sell anything that could get you in trouble.
I know you were being specific to Etsy. However it's my understanding that you also can't make money in any way from fan art. So that would include any indirect monetization on social media or websites because it's using copyrighted characters to attract viewers.
This is true. Stealing is stealing, whether you're selling on etsy, Facebook, or your own website. With Etsy, you get a strike. On your own website, you get a cease and desist, or even a lawsuit.
See the video game section. Downloading and reselling video games for massive profits while etsy is banking off it, because they allow it, no matter how many times the shop is reported
As I said in the video, it is the IP holder that must report these products. Etsy cannot take down a product on behalf of another party. It must be the IP owner, by law. Etsy isn't allowing the sale of these items. They are a massive marketplace with millions of listings.
I just received a trademark infringement notice and had two of my listings removed. The term I infringed on was "Cowboy Pillows" written on a t-shirt design. I checked for trademarks before I even designed the listing, and none were found. A few months later, someone registered the trademark for that term and reported my listings. I had no idea that I was violating anyone's rights. Being legit and still getting punished is pretty sad. Perhaps building a shopify store and using Etsy as a stepping stone is the best way to go. Imagine your store being shut down after years of hard work by this type of thing!
They permanently closed my account, my first offense, which I wasn't even aware of. I put a lot of work into my store and got cancelled without a second thought. I do not recommend Etsy to anyone after this.
My Etsy Appeal - What I said Why are you appealing your account suspension?: Other Other reason: I had two trademark notifications on my account for a design by the name of "Cowboy pillows". When I created and listed the design I checked for trademarks and There were none in place. Unknown to me someone acquired that trademark this month and reported my listings. My listings were posted months before any trademark was in place. If they had just reached out to me I would have taken them down, because I do my best to stick to Etsy's terms. I hope you will reinstate my shop because this is something I didn't intend to do. Are there any actions you've taken to address your suspension?: I removed both listings instantly How will your business practices change if you regain account access?: I will continue to create designs that do not infringe on anyone's copyright and also trademark check my listings regular so this problem doesn't happen again.
What Etsy Replied Dinesh (Etsy) 29 Mar 2024, 9:47 am GMT-4 Hello there,
This is Dinesh from Etsy’s Member Services team. We appreciate you taking the time to file an appeal with Etsy. After careful consideration, we've determined your account does not qualify for reinstatement. We've performed a comprehensive review of your account and the information you provided, and are unable to reconsider this decision. While we’re unable to disclose our internal review criteria or discuss your account status further, if you have questions related to your Payment Account please review Etsy’s Payments Policy. We’re unable to reconsider this decision and can no longer respond to further messages about your account status. We appreciate the time you’ve invested on Etsy and wish you success in your future endeavors. Thanks and regards, Dinesh Like I said this was the first time Etsy flagged one of my items, Titles tags and descriptions were trademark checked prior to listing. My designs were unique, I did not copy other peoples designs. I had great mockups etc. It's gut-wrenching. If you're considering running an Etsy store, just keep in mind that they can shut you down anytime for any reason!
This is heartbreaking to read. So many trademark trolls out there messing people's hard work. Were you ever able to get it back or did you use Shopify?
The license for licensed fabric only applies to the very first point of sale under the First Sale Doctrine. So the retailer you bought the fabric is licensed to sell the fabric. You, as the consumer, are not protected. In most cases, if you are purchasing from a craft store directly, you will only be able to find the licensing agreements via the listings on their actual websites. Not in the physical stores. In most cases, you'll find statements like “FOR INDIVIDUAL USE ONLY" in the fine print of these listings. This is one of the most common misconceptions I see in cases when Etsy shops are banned from the platform. Unfortunately most sellers who sell items made from licensed fabrics do not do proper research, and assume that the First Sale Doctrine carries over to their own shops. This leads to a lot of misinformation being spread in the Etsy community, and thus, a lot of sellers getting in big trouble. I'll add that, on your personal website, these rules tend to not be as enforceable. The courts tend to not take cases like this seriously because you, as the buyer of the fabric, did not agree to only use the fabric for yourself. BUT - Etsy does not give this leeway and will strike you, at which point you will not be able to dispute because you are, under their terms, breaking their platform rules. Etsy will always side with the copyright owner. Especially when it comes to big companies like Disney.
Sarah J Maas is the author of the IP I want to use. Any guidance as to where I can look to see how to go about this? & what info I may need when I request? I don’t even know what terminology to use to google for more info. Thanks
For each author, start at their website. They usually have some information about rights under either their CONTACT page or a FAQ page. Then email who they indicated and explain what you want to do (what you want to make and the type of design) and ask for how to obtain the rights to do this. Some may respond directly, some send you to a form to complete, and others may have a packet of info to submit. Each author is different. For SJM, the info is on her CONTACT page: sarahjmaas.com/contact/
i heard this is the same case for fonts too, is that right? for example the "keep on truckin" font so many shops used, i heard if they dont have a commercial license on that font, that can be an IP strike too. is that true?
Yes, licensed fonts are no different than any other form of IP. So it's important to always check that the font is free to use for commercial purposes.
How do people sell embroideries of the Nike logo with an anime character and never receive any letter for infringement etc?! So many people are embroidering the Nike logo with other designs and selling but get away
This is a question for Nike. Nike is the only company that can report infringement of their intellectual property. And they definitely do. But it doesn't mean that all listings infringing get taken down at once. Some companies are more protective of their copyright than others. It doesn't make it any less illegal though.
I sold autoparts for ebay, but yesterday I received a email from Etsy intellectual property of FCA llc (Dodge) because an air bag that they sold had their logo, I immediately removed all my items, it was only one item that they removed, but my question is what do I do??? Should I contact the email they gave me? I'm really a beginner at this and it took me by surprise
I had my first claim on my Etsy shop for using a word in my title that was trademarked. The 6 listings in total were taken down. Was annoyed at first that the whole listing was taken down not just the word removed but I guess I learnt my lesson and have been through everything now that is still up and removed all trademarks.
With over 5 million sellers, unfortunately taking the whole listing down is the fastest way Etsy can handle these situations. Glad you were able to get all of your trademarks cleaned up.
Just look at all those Tumbler makers on tik tokers making things with characters, movie quotes, Celebrities , movies, music, lyrics, tv shows, Disney, sports etc on them. Just a matter of time.
Oh yeah, I know. And a lot of them are selling on their own websites, which means they don't have that Etsy layer between themselves and the big brands. With Etsy, you get a strike. With your own site, you may just end up with a lawsuit. It's unfortunate but sellers need to know the basic laws of running a business.
I've had items flagged although I have permission to sell my officially licensed work. How do I get Etsy to stop taking down my items? They don't respond to messages.
Unfortunately if they are being flagged, it's either through the IP owner or through an automated system. If it's an automated system, there's nothing you can do, as the algorithm will catch specific keywords in your listing. When you say officially licensed work, do you mean that you obtained a license from the IP holder directly? If so, I would ask them how to be white listed on Etsy if they are the ones filing the infringement report.
@@StarlaMoore Yes, I've worked on properties such as Alien, Stranger Things, Ghostbusters etc and part of the deal is that I'm able to sell a certain amount of prints of my work. I have the emails to back my claim but there is no easy way to reach Etsy.
@@FranciscoMetalHandFlores the thing is, Etsy wouldn't remove the listings unless they were reported by the IP holder. So if the IP holder is just going down the list, reporting them all in batches, they may be flagging you by mistake. In which case, it's the IP holders you'd need to contact and ask them to retract their reports.
DMCA does not change or influence anything I've spoken about in this video. In fact, it further solidifies it. Basically, DMCA is a solution to future-proof copyright/trademark laws during the evolution of the internet, in order to protect the IP of others, even in an online setting where IP can be easily reproduced. The short answer is, you cannot sell products with characters/themes/IP of any kind without a proper license to do so. "Clothing or ornaments" with copyright/trademarked themes are still in violation of the original brand entities' property unless you have a license direct from that company to create or distribute these products.
@@StarlaMoore DMCA NOTICE was set up was it not to protect against the likes of imagery such as Disney characters and surface patterns not designs such as shapes and configurations of clothing designs. With that said, infringers who steel will sign a DMCA REPORT with out thinking twice as they are already sterling. Whilst I've noticed the phone numbers they supply and in some cases the names are not fixed to recall bonafide details. Etsy continue to protect the sellers legitimate business addresses which prevents me from taking legal action. Further more Etsy van me from sending any direct messages to the infringers selling the offending design from Etsy. Further more Etsy will not pass my legal concerns on to a department for seriouse accusation multiple fraud allegations made by myself in order to stop this unfair business that I. Turn is making Etsy alot of money. It needs to be aired world wide. It is outrageous and my business is damaged because of it. Etsy can see that my shop used to sell my neiche products before they were taken over by IP theft and has escalated tenfold. In fact my design were on the first pages of Google search before the IP thefts took over now Sleevzies ® removable sleeves are nowhere to be seen in the first pages on Google search as they are flooded with infringments via shein and Etsy
So basically what you are saying is that people actually stealing for example photos of a singer and selling them as idk polaroids and people who spent hours and hours on an artwork of that singer are the same..? that is such a crazy system.. then most of the creators will be on thin ice that’s completely ridiculous 😳
Unfortunately this has always been the law. Nothing has changed. The only way you could legally sell items that portray a celebrities likeness would be if it fell into the realm of parody or satire. Hence why animated shows like South Park can portray celebrities without getting in trouble. But you cannot profit off of a celebrities likeness, no matter what medium you've used to create the art. It's never been legal. Sellers have just dodged the rules, which is why Etsy is cracking the whip.
What if you are selling prints based on an original painting of a building in a big city that is shown in a TV series? Can you mention the name of the series in the title and description?
No. This would be a violation of the TV shows IP. You cannot mention the name of TV shows, books, or movies in your listings unless you have a legal license to utilize their name, as you are using the name of their series for personal profit.
Hi Starla ... one important question I could not find out with your video. How is it about using Keywords for Search? For example I make my own designs ... so no copy or something like that ... and I recognized that many Cosplayers are using my designs for their costumes. Especially Sci Fi Cosplayers. So I use the Search Term Star Wars Costume or Jedi Cosplay so they find it ... also now the 4th of May is coming and I also use this ... is this allowed or do I have to rewrite all my listings?
Unfortunately this is not allowed. Even if the designs are your own, you can't use terms that another brand owns. Especially in the Star Wars universe, where Disney now holds dominance. Even if the designs have nothing specifically "star wars" related, you can't use the words, or even words that could tie back to the franchise. We actually had a student who made ornaments in the Hogwarts house colors and called them "Potterhead" ornaments, which was a totally fan-made term. And she still got in trouble by Warner Bros. May the 4th is a little more flexible for marketing, just because it's so widely embraced as a "holiday" of sorts. But the moment the item begins to directly resemble anything from something that exists within the Star Wars universe, things get tricky. When all else fails, pay a few dollars at justanswer.com and send a quick message to a lawyer. It's super cheap and they send answers FAST.
Question: so if I have an etsy store that sells vintage items and I come across a second hand Disney/licensed item from the 1960s or so, it’s legal to sell, but I wonder if it’ll get flagged automatically. Thoughts?
So - as always, I'm not a legal expert and I always recommend paying the few dollars to ask a lawyer on sites like justanswer.com before listing anything questionable. But I personally think you're right. I believe that big companies like Disney would likely go through and just report EVERYTHING without checking to see if items are vintage... and since Etsy almost always sides with the larger company when it comes to infringement, even if the item is technically vintage, it'll likely still get striked. If it were me, I'd stay away from Disney, even if it's vintage. They are ruthless.
Actually, if it was licensed to the manufacturer when it was made, doctrine of first sale covers you. So, 1960s Mickey Mouse Disneyland tee shirt (or licensed to a manufacturer), you can sell the tee shirt, or cut off the image and attach it to something else and sell. If you copy & paste Mickey mouse from anywhere on the internet or photocopy from a physical item, make the iron-on transfer, put it on a shirt (or hand paint it) you can NOT sell it. Fabric printed with characters made into anything can be sold as long as the description says "... Made from fabric printed with (character name)." But Not "(character name) item ". You can even cut out characters from licensed fabric and affix them to clothes, etc and sell. But even when protected by doctrine of first sale, you'll get pushback from some companies who try to control what people do with legitimate items. Doctrine of first sale basically cuts off the company's rights to dictate what you do with a legitimate item. You can use it, burn it, paint on it, plant flowers in it, give it to your kid or your dog, run it up a flagpole or Sell it. It's yours to do with as you please. The manufacturer and license holder have no say, but many of them try. Tabberone (pronounced Tabber one) has defende her business and the doctrine of first sale against overreaching companies many times and won. You can find her at tabberone dot com. Click on trademark page at the top under the cat.
Thank you. Trademarks make me nervous. Allthough i check everything and never touch any brands, characters or logos, i’m still affraid of being shut down. What with sentences that are not trademarked, but do contain a single word that is trademarked? Example: ‘I love my cat’ is ok to use, but ‘cat’ is text trademarked. As the word ‘cat’ will be in the tags and title, the listing will also pop up when looking for trademarks. Will they also automatically be flagged?? Also song lyrics….. there are millions of songs out there. It’s impossible to know them all. What if you by coincidence use a phrase and you’re not even aware of it? I don’t know a manner to check this… And last. What if a word or sentence get trademarked AFTER you made a listing? It’s really impossible to check daily if your listings are still save. I’m maybe paranoid, but every morning when i check my account, i pray that it didn’t shut down.
Unfortunately there's no real way to take action on copyrights that are placed later down the line. I will say that cases of "sudden copyrights" are very rare. Many sellers have been able to dispute cases by showing that their items were listed before a copyright was present. As I said, cases like these will be extremely rare and aren't something you should stress about... because you're right. There's no way to check all of your terms nonstop to make sure there isn't a new copyright. You wont be shut down unless you get multiple infringement cases.
Question... how does one get a creative license to sell merchandise of like fanart and stuff? I'd be happy to share profits with these big companies I just don't know how :/ most of why I draw fanart is because I really like the thing and that's it, but I can't afford to just give prints to ppl for free and so many ppl ask for them
So I create generic Disney ride guides and Etsy sent a infringement email. I created the materials completely from scratch and not sure how to fix it. In the tags I used Disney World ride guides. Do you think it was from the keywords or using a basic Mickey head outline of ears? So confusing.
Both. You cannot legally sell anything at all related to Disney without official licensing from Disney. This will include imagery, wording, and anything related to Disney that you've placed in your Etsy tags, title, or descriptions.
I’m selling a resin dog tag business some of the molds I have are “mickey” is this a copyright issue? It’s literally 3 circles connected and I don’t plan on using Disney or Mickey Mouse anywhere. Could this still be an issue?
It absolutely is. If the item is identifiable as Mickey, you're violating Disney's IP. It doesn't matter if it's just 3 circles. You have created a product that is meant to look like Mickey in order to sell to people who are looking for a Mickey themed item. And Disney's lawyers are the most aggressive I've ever seen. I absolutely would not continue selling them if I were you. Unfortunately if it were to come to a lawsuit, no amount of money would be enough to fight Disney in court.
I am glad I watched this video and the site is doing this. I know that sounds bad but I do believe fan-made items are fine but selling them is not. Many sellers have operated under a "well I am small, I can slip through the cracks" side of things. Hopefully, it will make it easier for those of us who want to buy officially licensed merch to find companies doing it right. The only downside I can see is companies filing claims against creators for generic or public domain items they do not actually own. While it is a different genre I like to bring up "Spots the Space Marine" often. GW went after the author for Trademark on "Space Marine" but the term has been in the public for decades before GW and many other major companies used it, not to mention how they took other artists' works and tried to claim it as theirs as well such as the 8 pointed star.
Etsy has been deactivating my custom hats...no copyright infringements..100 percent made and designed by me. They have put some listings back, but then again removed another one. I only have 20 listings at most and very few sales. So at this rate, I can't even trust Etsy.
You'll definitely need to contact Etsy about this, as it seems to be a bug. Etsy likely didn't remove the items for reported copyright, as someone would have needed to file that infringement report. Other items that Etsy often accidently deactivates are listings that utilize the word "amber", per their ban on items containing chipped amber beads, which unfortunately has cause their system to also deactivate listings that mention "amber" as a name or color. Items that fall under the child sleep safety restrictions are also being deactivated, such as baby items, blankets, kids PJs, etc. If your listings are mistakenly being taken down, you'll need to reach out to Etsy directly. It's likely a bug and something Etsy will resolve. The key is to be short and polite when messaging them, as their support staff tend to not invest much time into long messages I've noticed. So just let them know what happened and that the items do not violate any of their rules.
@@StarlaMoore After a few weeks, Etsy put everything back one by one, and then removed me from that 30-day wait to get paid jail. Not a peep about it, so I still don't know what happened. Maybe they do look at their errors and physically review them before cutting me off entirely. But now I am weary about listing anymore from them, and I was paying a decent amount to them for advertising, so I do feel rather cheated out for a month. I did notice that most went back after I cancelled my advertising. Thanks for your reply.
You typically get three strikes before being shut down, but I've seen some cases where Etsy removes the whole shop. I assume if you ONLY sell items that infringe, Etsy doesn't waste time with the strikes. They will likely just ban the user. And when this happens, you can't make a buyer account either. You're permanently IP banned from the platform.
Hi, We are getting counter notice from different bad seller, they are using our pictures, title and description. They are providing wrong address and phone number. What we can do, ease. Help. 🙏🙏🙏🙏
@@StarlaMoore thanks for your quick response, we love suscribe your paid program for sales boost. New sellers are copying the entire listing and make counter notice after receiving notice from our side. They are mentioning wrong address and phone number, we are unable to send legal notice 😭
Oh, yeah. It's very common! I made cosplay jewelry as a teen and right when Skyrim came out, I tried to make Skyrim themed jewelry. Bethesda immediately dinged me for copyright. It was over 10 years ago and I had no idea that I couldn't sell them back then.
This is a great video, thank you! I do have question though. What if I'm selling all original handmade items with no copyright on my shop, but a competitor is selling 95% copyrighted items on their shop. Should those sellers be reported? Should I report them? I believe in karma and I don't want to be that guy, but It's frustrating when you obey the rules and see someone else breaking the rules and getting sales. Their shop has been open for more than 2 years and for some reason they keep getting away with it. Any advice would be awesome. Thanks!
As I mentioned in the video, you unfortunately cannot report them. Only the owner of the copyright has the ability to file a report against a shop that has infringed. Your best bet is to stay in your lane and wait for the inevitable. Often, big companies like Disney will watch shops like this for several years, that way when a report or lawsuit is filed, they have evidence that a LOT of sales have been made from their IP. So even if this competitor is currently selling, it doesn't mean that they aren't being monitored. In time, it's very likely that they will be caught.
I am wondering about characters that show a 'likeness' that do not use any trademarked terms associated with them- i have had many best sellers over the years that even etsy has featured (i have recently deactivated since shopify actually gave me a warning over using pokeeemoons names- which is surprising since some are so abscure) i make dog costumes from my own patterns - i am wondering if they are just tagged differently, or still a no-go 🤦♀️
Btw I am so glad to have found your channel and FB🙌🏼 Thank you for providing REAL and current info, there is waaay too much fluff out there, its no wonder that new shop owners are feeling frazzled 👍💕
So - this is another case where you may want to pay a few dollars on justanswer.com and ask a lawyer. But my gut says no. If you're making a dog costume based on the general likeness of an existing character, even if you're not calling the costume by that character's name, you are technically still infringing - though it'll be likely harder for the copyright holder to find you in search portal. If I were you, I'd definitely pay for the lawyer opinion though. It's pretty cheap to ask them a quick question.
Hello, I have a question about intellectual property. If I have a royalty free image of a Harley Davidson with all the rights and I am going to modify it afterwards. Do I have the right to sell it? If so, do I have the right to put the brand name in the title? I specify that the logo of the brand will not necessarily be visible
Unfortunately you wont be able to use the term "Harley" or "Harley Davidson". Even if you're using a stock image, you cannot sell a product that uses imagery from another brand. For example, I could not sell a product that uses a royalty free image of Mickey Mouse. "Royalty Free" does not always mean "safe to sell". If the royalty free image still contains the IP of another brand within it's imagery, you likely cannot sell it or use any keywords connecting your product to the original brand.
Hi Starla, Thank you so much for the video!! We got striked two time for selling sorority necklaces. I didn't know if it was a violation. I think since then our entrire shop sales have dropped a lot... I took them down after watching your video. I have questions. 1. Should I just deactivate the listings or should I completely delete the listings? 2. I really feel like our shop sales have gone down a lot. It might be because of the strikes. Our shop is a 6 year old shop. Should I close the shop and start from the fresh? Is there any way I can find out our shop quality score by any chance?? Thank you in advance.
Hey Patrick! I think in order to answer your question, it's important to first understand how Etsy's algorithm works so you can make a decision that is best for your brand. I have a quick workshop that goes into the details of how strikes and other negative engagement impacts the health of your shop in search. You can find that here: bit.ly/EtsyScience For the listings, deactivation and deleting have the same impact. Either way, the items are no longer available, so it doesn't matter either way. Since you won't be re-listing them, I'd personally just delete them for the sake of de-cluttering. After watching the workshop I linked, your next goal should be to decide if your existing listings have enough listing quality to justify keeping them. Starting over from zero is hard, and I usually recommend trying to recover what you have when possible, rather than starting from scratch. There's no right or wrong answer here. You'll either be investing time into recovering your overall customer and marketplace experience score by doing things that positively impact your shop (which takes time but is totally possible - also discussed in the workshop), OR you start over and spend that time rebuilding from the ground up, which obviously also takes time. You just need to decide how you want to spend that time. I personally would try to recover your existing shop, and I feel that method would take less time than starting from scratch.
Hi Starla, Thank you for the video! I'm wondering about scents? I have a soap and cosmetics etsy shop and some of my scents are listed as "type" or "dupe" from the vendors I purchace the fragrance from. Is it ok for me to use the scent type name in my listing description or tags? An example is a soap I made has the scent name "Drakkar Type" from the vendor. The soap itself has a different name. Can I use Drakkar Type in my description where I describe the scent? Thank you!
Unfortunately I don't feel confident answering this one, as I have no idea and wouldn't want to give you advice that could get your shop shut down. Your best bet would be to ask your vendor directly.
Definitely keep bugging them about it. Have you by chance tried out the new reporting portal I mentioned in the video? I haven't heard much about it since it was launched in the spring.
Yes, reported both the page and the item and even reached out to the company with the copyright. I also filed a complaint with PAYPAL for a full refund. I did receive a 50% refund on one item I canceled before it was shipped. Not happy!
But no one is looking at my original characters, they're looking at the fan art of other characters. But that's ok I can still sell fan art on my own web store. I also find parodies law protects many artist.
Your own website is unfortunately not a safe alternative. Etsy provides a small layer of security between you and the larger companies, since Etsy will remove the listings and administer warnings in the form of a copyright strike. On your own website, you are not exempt from the law and are more likely to see action in the form of a cease and desist or worse - a lawsuit. I understand how much it stinks but I literally see it happen weekly. Parody and satirical content tend to be okay, but there are very defined areas. Fanart is not parody or satirical, so it's insanely important to speak with a lawyer before listing items that aren't satirical in nature. As for not having searches for your original characters - you have to be willing to put in the marketing that makes your characters stand out, rather than riding the coat tails of someone else's intellectual property. TONS of Etsy sellers have wonderful success selling OC content on prints, stickers, original works, commissions, and POD items. They do this through brand building and marketing. Many are finding immense success on TikTok, such as Acorn and Crow Studio, who currently have over 100,000 sales: www.etsy.com/shop/AcornandCrowStudio They primarily market on TikTok by showing off how they pack orders. There are so many ways to be successful and safe at the same time. Please be careful.
Its sad, but "fan art" is technically not legal. even if you don't sell it, which is really strange and wrong to me. But I'm reading up on the difference between transformative vs derivative works, which is a weird grey area in Fair Use Doctrine. If you are profiting, it might not be fair use, but idk it's a legal grey area. If its a big character, really famous cartoon, anything super hero related, would prob not be wise to even attempt to sell fan art. I feel like if your work is in the same medium as the original art work, you'd have an even bigger chance of getting sited, because part of why unlicensed use of other people's work is a big deal for artists/companies, is that the quality might not be up to their brand representation, or some people might not know the difference between the lisenced/unliscened product, and it hurts the brand's rep. Whereas, you obviously know that David Lynch didn't embroider a Twin Peaks thing, so you understand its not actually his work. Not saying the later would fly either, it's in a grey area, but having the exact format/style of something could easily get you in trouble!
May I ask you if there is a system where a shop owner can ask Etsy to verify if the work that is going to be sold on their own site is not copyrighted? Or maybe somewhere on the internet that can check for the shop owner? I am asking this because sometimes it is easy to fall into copyright infringement without knowing. This type of service will be very helpful.
You can do this at the USPTO website: www.uspto.gov/trademarks/search You'll want to perform a TESS search. Ultimately, it is not Etsy's job to make sure sellers aren't breaking the law. Sellers need to do their own research and conduct the same as any other business. Typically when accidents happen, it's no big deal and Etsy just removes the listing. You get three strikes before Etsy bans you. It's cases where people intentionally infringe on copyrights over and over where things get sticky.
@@StarlaMoore Wow thank you so much for your prompt reply. You are a great example of what a real professional is. You also gave me more answers than I expected. I appreciate a lot.
@@clovel73 it's super important and not enough RUclipsrs share information like this. 💛💛💛 Sellers need to know how to be safe, as well as successful. ✨️
Thanks for another very informative video. But i'm lost now... So for e.g. it's not possible to sell a product with the words F1, Formula 1, Moto GP in the titles and descriptions? I sell wood replicas of race tracks, the track layouts are trademark? I don't use oficial logos or names.
It likely is not allowed, unfortunately. Your best bet is to contact them. If something is copyrighted, there's no real way to get around the laws. Locations like race tracks are likely treated the same way as a football stadium, baseball field, etc. The only way to know for sure is to reach out to their legal department. I'm just going to guess that major tracks like F1 would likely defend their copyrights.
@@StarlaMoore👍⚡fast answer! I will contact them and a lawer to. I'm sad but I already have a new title for the listings "Wood wall art for people who doesn't like to watch vehichles go slow at a private race track"(Terrible SEO🙂)
I own registered designs. I have evidence that etsy do indeed choose what they want to remove. One email said they didn't think the design looked the same so the report wasn't granted. Have you done all of your research? What you are saying should be factual. These are serious issues. I've also evidence that etsy do not open the reports that have been submitted for IP infringements. I know this after I obtained the reports that were made against me maliciously after an Etsy seller filed illegally reports non-associated to anything that he sold or I sold. His name was not even related to the report that he had filed. This is evidence to show Etsy allowed non proper IP reports to be served which goes against the protocols that Etsy must also follow under fair business acts. Etsy are only allowed to submit IP report if the IP reports are genuine, ( there are many malicious people who will lie to make money) the report protocols are in place for reasons. Etsy have a procedure in which they are permitted to follow to make sure the IP reports are proper IP reports and this is done to ensure fair business practices under business laws. It seems you do not have all of the facts in front of you, and I do not say this to be untoward but just to be matter of fact
My research comes directly from Etsy. What you have provided is anecdotal evidence, which unfortunately is not conclusive when it comes to advising the majority. Please note that you're also commenting on a video that is over a year old, and much has changed in the realm of Etsy since this video was published, as they have continuously worked on this their reporting portal. Part of that evolution includes more automated systems for deactivation, which is why you may be experiencing issues. Especially with other sellers making false reports, along with an influx in newly hired Etsy staff over the last year who help with the manual review process which takes place after reports are filed. Again, this video is over a year old. The reporting portal was released the same week that I released this video, so we have experienced multiple changes in the reporting portal since the initial upload. This does not mean that I "do not have all of the facts in front of me". It means that I created this video with the only facts that were available at the time when the video was recorded, back in April of 2022.
@@StarlaMoore I agree A lot has changed, one example is.. we have been videoing myself making genuine IP reports to etsy and those reports that have been confirmed have not been responded to by Etsy. Etsy would send notifications via email informing the IP holder that their report has been received. This does not happen anymore and it is very concerning as there is no evidence that the IP holder has registered any IP reports to Etsy other than the video footage of the application being filed online. Do you know if Etsy is doing this as to ignore IP reports?
I have a question what do I do if I bought something on Etsy and they're not sending nor are they responding to my messages they just blatantly ripped me off.i opened up a case well see what happens
It's not about people not seeing them. It's about sellers using words that another company owns in order to sell themes that don't belong to them. Think of it like this. If someone copies your items then used your business name to sell those items, you'd probably be upset. It's the same for these brands. Etsy must treat all cases equally.
Very helpful! Thanks!! Can your shop recover from multiple trademark infringements? In the beginning, I had no idea what I was doing and did not understand that you had to check each and every phrase used in your SEO. So many words and phrases are trademarked, it's unbelievable. I am putting a tremendous amount of time and effort into my shop. Is it worth it if I am going to forever be in the bottom of search? Thanks!! :)
You totally can but it does take a bit of time. I was 19 when I started selling on Etsy and had no idea that you couldn't make items based on movies. I ended up with two copyright strikes. I moved on to build an insanely successful 6 figure business. The most important thing after a strike is to revive your customer and Marketplace experience score. This is the score that is damaged by strikes. Getting good reviews and maintaining sales and your good standing with Etsy can help build your score back up. If you haven't already, be sure to watch my new etsy workshop because I actually go in-depth into everything that impacts your customer and marketplace experience score and your listing quality score. bit.ly/EtsyScience
Hi I got an intellectual property infringement notice. Does this mean I’m being sued or what?? Etsy deactivated my listing, will that be the end of it? I’m terrified.
Ultimately, using copyrighted characters, terms, logos, etc is you riding on the coattails and profiting on all of the marketing and work that the original copyright owner did to make the character, term, or logo famous. You may have physically created the new art, but If the reason why someone wants to buy it is because of its association to a famous character, book, show, singer, etc then you are probably in copywright infringement. After all, round glasses are just round glasses, but once you use the term Harry Potter, you are intentionally targeting an audience of people that was created by someone else's hard work.
Exactly. If you're trying to target an audience that was built on the foundation of another brand, you are intentionally dancing around the gray lines of infringement. Just because these brands are big, it doesn't mean their artistic rights are any less valid.
Curious...I see people claim "you are paying me for my time to put this together (think birthday invites with Hello Kitty or Frozen) and I do not own the art or characters used here" That's still an infringement...or am I missing something?
That is most definitely still infringement and it is very illegal. You cannot sell items with licensed characters, even if you made them yourself, assembled them, or you're selling them as a completed item (like party supplies). If you did not come up with the characters from your own mind, they belong to someone else and you cannot profit from them.
I'm wondering can I do an inspired themes? No logos but the "essence" and colors like a Beyonce Honey/Bee Hive theme party or something? What lines don't you cross? I wouldn't use the logo or anything just the vibe. And maybe say "Beyhive Inspired". I'll check just answers. Thx
If the item can be recognized as something else, it's usually not okay. For example, if you sold party products that weren't directly Harry Potter themed but they were done in the colors of the Hogwarts houses and were themed around wizards, owls, glasses, etc, it would still be recognizable as a harry potter inspired product and could get you in trouble. For the Beyonce products, her label likely owns the rights to the word "Beyhive" so you wouldn't be able to sell the items. You could obviously do a general bee themed collection, but it couldn't connect to Beyonce's brand or anything associated with her music in any way unfortunately.
Unfortunately I can't answer this because I'm not sure.... but if it were me, I'd rather be safe than sorry. Vintage products are okay but vintage products that represent characters that are still popular may result in a strike, as Etsy will likely side with the larger party who owns the original intellectual property, even if the item technically falls into the vintage category. If I were you, I'd message Etsy and ask them. They'll likely be happy to clarify. 🙂
I have a question regarding public domain images. I plan to sell wall art and posters with public domain images that I will digitally restore and also slightly edit (as in the lighting and feel of the images). I know there are a few stores that are already doing that. Can they copyright claim me for using the same image but with my unique edit or is public domain still a far game.
Okay... so please keep in mind that I'm not qualified to give legal advice, so everything that I say should definitely be fact-checked with a lawyer on a side like justanswer.com (not an affiliate... I'm just cheap and they are cheap, lol). My first question is, are the images "stock" or "public domain". If the images are public domain, such as very old photography for example, then you can absolutely use those images without question and no one can claim rights to those images. Especially if you are adding your own spin to the images or editing them. If you are hit with a copyright claim, you should be able to dispute that claim, as long as you can provide evidence of origin of the original work, as well as it's original creation year or a statement that basically outlines why it falls into the public domain. Stock imagery is very different because "stock" does not always mean that you are licensed to profit from the imagery. Most websites that provide stock imagery have pages about their unique policies for use of their imagery for profit, and sometimes the individual photographers/artists on stock websites have their own individual licensing agreements. For example, I paid for rights to the music that I use in this video. But sometimes, I get copyright strikes on RUclips for use of the song, and I have to manually dispute the claim and provide my license to use it for a monetized video.
@@StarlaMoore Thank you very much for your speedy answer, it's extremely helpful! I don't use any stock images, just public domain ones and I check and double-check that they are in the public domain. I just wanted to make sure :)
No, you do not need a legal copyright in order to claim them. As long as you are the original creator, you can list them and you automatically hold the copyright. So if someone copies your exact designs from your cards, you can report them within the new IP reporting portal mentioned in the video.
I believe I've heard sellers mention being reported for the exact term, "velcro". So you may want to avoid it, even if it's a supply used in making your products. I bet there's a synonym that could be used instead. 🙂
Hi, for me it is somewhat confusing since for example you search for the word smiley and it is trademark but when you search if the smiley face character has copyright it tells you that it is public domain, now could you help me since I have a design with this image?
This is a very sensitive subject that I am not qualified to help you with unfortunately, as it appears that the subject is very context specific. The word "Smiley" is copyright as is their "Smiley" character - however, general smiley face emojis are public domain. Your best bet is to pay a few dollars on the website justanswer.com and ask a lawyer, as it appears that the "Smiley" company has a very strict copyright policy and reporting system for violations: smiley.com/infringement/
@@StarlaMoore good to know , thank you Starla , much appreciated : ) . there are thousands of listings with the word samsung tv , that's why I thought it was ok to use . now the difficult part will be to list something , aimed to a very specific type of buyers , that use the word when they search for the item , now the problem is , try to not use the word in the the listing... and overcome the other sellers at the same time , that do use that word in their SEO , a difficult task in did...lol . ; )
Speaking of art and artists, the artists profit(MAKE MONEY) from their work right?, then how come in the US and the WHOLE WORLD tattoo artists get away with you name it copyrighted characters, logos, movies and all the list you mention above, I mean I've never ever heard of a tattoo studio being shut doing or fined for using copyright if making money out of it is the main point
@@StarlaMoore uhm yeah, it should and it indeed is illegal, my question was how come they get away with it when the cheapest average tattoo is around $50 in the thousands of parlors around the world yet "GIANT" companies go after $10 items and fed courts turn a blind eye on them, and sorry to disagree but that of tattoo artists refusing copyrighted things is not true, they print what the client ask otherwise millions of mickey tattoos shouldnt pop on google search and thats only a very tiny amount of tattoos being published
I'm definitely not saying some aren't illegally tattooing. I'm saying that many do not accept this type of work. Especially those working at a competition level. My artist has won multiple state awards and because he's such a high profile artist, he does not do anything that could risk his reputation. There will always be people who break the law. It doesn't make it any less illegal. They get away with it for the same reasons that people get away with breaking traffic laws or doing hardcore drugs: they just haven't been caught yet. "Yet" being the key word.
It seems to me that they are not treating the issue of copyright with the seriousness it deserves. There are numerous copyright violations on their website, and they do not appear to be making a strong effort to prevent them, aside from occasionally shutting down accounts. The majority of these violations remain unaddressed, which suggests that this is not an unintentional oversight. Despite having the ability to delete offending content en masse, they have not taken such measures.😑
Etsy is a marketplace with over 5 million sellers. There is absolutely no possible way to mass-vet every listing uploaded to the platform without automations. And we have seen the chaos that automations have caused on Etsy in the past. If a brand of carrots is recalled from the grocery store for making people sick, it is not the grocery store's obligation to take the blame. It is the company who provided the carrots to that store. Etsy is the grocery store. The individual sellers are responsible for the products they produce, and uploading listings that violate Etsy's terms are actions of the seller. Etsy can only educate and take action when cases are reported.
@@StarlaMoore They can set up a filter, at least for all major brands, before approving the publication of a product. This would not be difficult to implement, and anyone who wants to sell Disney or any other brand would have to prove that they have the rights, otherwise their product cannot be published. I don't see why this would be difficult. As for listings already online, an email can be sent to everyone who has already published, asking them to prove that they have the rights, otherwise their product listings will be automatically deactivated.
I completely agree, they could easily filter out Disney, Louis Vuitton, Gucci, etc. by asking all the sellers for the rights, and very few would respond. So it's clearly infringement... Etsy clearly allows it to happen on purpose. I have already seen sellers who have nothing but that in their shop and have never been bothered, 2 years later they're still there, and it's certain that they don't have all the rights of the big French luxury brands, obviously!
If the fonts are licensed and recognized, likely. For example, fonts specifically used by brands (like the Harry Potter font) are just as protected as the characters. So it will just depend on the fonts and who they are owned by.
OH, this is cool! So now me as a fan are stuck having to buy cheaply made Chinese products from these billion dollar corporations featuring their "copyright" characters. Instead of being able to buy some awesome handcrafted item featuring that said same "copyright" character that was made by a fellow fan.
The unfortunate thing is, art theft is art theft. We must hold companies to these standards whether they are big or small, otherwise who draws the line? What laws would make theft only applicable to large businesses and not small independent artists? While I see where you're coming from and I agree that I'd much rather purchase from small artists, the laws can't be made in a way that makes it totally okay for the lesser party to use another companies IP, but not the other way around. There has to e a line somewhere, and those lines are subjective based on who draws them in the sand. The best way to create items with specific characters is to obtain a license from brands that are looser with their licensing. Rick and Morty is a great example of this. It's relatively easy to get a license to sell Rick and Morty themed items, which is why so many companies are able to legally sell the merch.
What about those that are making satire? Example someone takes Don’t Fear the Reaper and turns to create Don’t Fear the Food? This is a ridiculous example but I’m curious how this would be handled.
I think it's going to entirely depend on how recognizable the original brand's trademark/wordmark/copyright imagery will be in the satirical work. Coming from my totally non-legal expertise, I know that satirical imagery typically is not considered the same as intellectual copyright infringement, and cases like these are generally not enforceable in court... but this is assuming you're selling on your own website where you make the rules for the platform. When it comes to Etsy, they don't give sellers much opportunity to fight fairly in gray areas like this, and will often side with the larger company who owns the intellectual property - even if technically, the design falls into that gray area of satire. As with everything that takes place on Etsy, it's their playing field. So even if satirical themed content is technically legal to produce, Etsy may still side with the larger brand in order to cover their own butts. So just be careful and don't use the brand's exact words, slogans, quotes, phrasing, or imagery. And obviously, reach out to a lawyer if you want legit answers because I'm just using my best knowledge and judgement on this topic... as someone who appreciates the art of satire and who has done a lot of personal research for fun.
@@StarlaMoore that’s what I was wondering I won’t mention their name but one of my favorite enamel pins is “Pawltregiest” it has a cat staring into a tv lol thank you! I might just hop on just answer and ask so we all know. 😊
I’m curious your opinion on using the word “onesie” in title and tags. It is trademarked by Gerber. I’m using rabbit skins brand bodysuits but use the tag since that’s the term everyone searches by. Will this get me into trouble?
Yes, unfortunately this will get you in trouble. Gerber is known for hitting Etsy hard for listings containing the words "onesie" anywhere within their tags and titles - and the new reporting portal will make this process even easier for them. I recommend removing the tag and sticking to "bodysuit". It stinks, but all of the other sellers who are using the term will likely be flagged too, which means shoppers will need to adapt their search terminology as the marketplace gets more strict with enforcement.
Any advice on how to drive traffic in the meantime? Probably 98% of the traffic I receive from my best selling listings is from the term “onesie” somewhere in the search.
@@jessicae1492 Your best bet is to use eRank.com to find the next best keyword that people are using, such as "boysuite". And crack down on your social media strategy in order to make up for any organic traffic loss due to the removal of the word "onesie". You can still rank for whatever new term you use and I'm sure if your items have been selling, you likely have good listing quality scores. I'd focus on traffic maintanance in the meantime by driving people externally. This should help you to maintain your listing quality scores while Etsy begins to recognize you for the new word you want to be found for.
I rewatched this video - like I do many of your video's and have another question. One of my best selling designs that I created is being sold be two different Etsy shops as their own design. They also sell Disney and mickey mouse and lots of other things that I wouldn't touch. Both shops have over 50,000 sales so they are much bigger than my little shop. Would it be in my best interest to NOT report the intellectual infringement to Etsy that they stole my deigns - since they are bigger. Will I face retaliation? I have messaged both shops politely to remove them but of coarse both shops have ignored me. What would you do - I don't want them coming after me, my shop and designs are all legit, but I wonder if it just better to write if off and take the hit. I'm super upset because I'm obviously loosing sales - but it's not worth having someone come after me because I reported them. What has been your experience dealing with intellectual infringement violations? Thanks Starla!!!
Don't fear retaliation when these sellers are literally stealing from you. You're not the one in the wrong and any act of retaliation can and should be reported to Etsy. Report their listings, claim your designs via Etsy's new reporting portal, and don't fear bullies, otherwise they'll just continue hurting you or potentially other sellers as well.
@@StarlaMoore As always you give the best most detailed advice!! You and your channel are amazing - thank you for replying back, you are so appreciated!!!!
Right?! And if you type "NFL" into Etsy, you'll find a TON of shops who are selling NFL items. It makes me very nervous for them. These big brands don't mess around.
The license for licensed fabric only applies to the very first point of sale under the First Sale Doctrine. So the retailer you bought the fabric is licensed to sell the fabric. You, as the consumer, are not protected. In most cases, if you are purchasing from a craft store directly, you will only be able to find the licensing agreements via the listings on their actual websites. Not in the physical stores. In most cases, you'll find statements like “FOR INDIVIDUAL USE ONLY" in the fine print of these listings. This is one of the most common misconceptions I see in cases when Etsy shops are banned from the platform. Unfortunately most sellers who sell items made from licensed fabrics do not do proper research, and assume that the First Sale Doctrine carries over to their own shops. This leads to a lot of misinformation being spread in the Etsy community, and thus, a lot of sellers getting in big trouble. I'll add that, on your personal website, these rules tend to not be as enforceable. The courts tend to not take cases like this seriously because you, as the buyer of the fabric, did not agree to only use the fabric for yourself. BUT - Etsy does not give this leeway and will strike you, at which point you will not be able to dispute because you are, under their terms, breaking their platform rules. Etsy will always side with the copyright owner. Especially when it comes to big companies like Disney.
It appears to be a gray area. Here is a lawyers response to the question: www.avvo.com/legal-answers/can-bible-verses-be-quoted-on-items-for-sale-is-th-2994959.html#:~:text=The%20answer%20is%20%22it%20depends,their%20content%20may%20constitute%20infringement.
The Bible is public domain. So just go nuts. It would probably be safer to use an old version like King James. As for characters like Jesus, Moses and Noah, just do whatever you want with them. If anything, you may be doing religious people a favor. Your work can help turn more people towards Christianity ( or whatever religion you have). So it is best for religious people to leave you alone. It is free missionary work for them.
I've been keeping an eye on the Etsy community and I'm already beginning to see it happen, just in the short time that the new reporting portal has been active.
That's not quite how it works. I am using the logos in direct reference to the brand and in representation of the brand. I am not selling a product that could be confused as an item sold by an official brand. This would be similar to me reviewing a movie and presenting a still image of the movie on screen. Ad revenue is not the same as selling a product with another brand's IP. Now, if I played the Harry Potter theme song alongside the Harry Potter logo, this would not be allowed and my monetization would be removed, as you cannot monetize a video that contains copyright music. But when speaking ABOUT a company, brand, artist, etc., you can display imagery that represents them. Otherwise the news would never be able to cover stories related to any business, movies, celebrities, etc.
It doesn't matter. You are not licensed to resell those items on Etsy. Even licensed craft supplies have disclaimers that state "for personal use only".
Like I mentioned in the video, unfortunately reporting to Etsy will do nothing because only the owner of the IP can legally claim that IP and report infringement. So instead, report directly to the companies who are being infringed upon. Many, like Disney, have emails specifically for this where you can send them an anonymous tip.
Not for the cases when it is your original work, no. I thought you were specifically referencing other brand entities. For your personal cases, don't be afraid to unsheath your claws with Etsy. I find that the best place to get shit done is Twitter. Etsy can ignore an email but when something like theft is Tweeted for the world to see, they tend to take notice. I'd start Tweeting them directly and try to get some retweets in order to gain some traction. Especially if you have family/friends/customers/fans who would be willing to help call them out. It sounds extreme but it seems to be the one thing that REEEEEALLY gets their attention these days.
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That's so annoying. Because I've heard tons of small shops that have had their work actually stolen and Etsy does nothing about it.. Etsy doesn't care unless the copyright belongs to billion dollar industries.
Eh, I don't really think that Etsy "doesn't care". They are managing a company that consists of over 4 million sellers and this video kind of outlines how they are making strides to improve and adapt. I think this reporting portal is a move in the right direction to help the exact issue you're talking about. This is a tool for everyone to use. Not just big businesses. As sellers, we can't demand changes be made, then get upset when the company moves to make those changes. If you follow Etsy on LinkedIn, you'll see that they are hiring TONS of new staff to hopefully help with the review of reports to reduce the number of theft on the platform. I'd say this is a step in the right direction.
My design business was set up in 2010 to licence my designs but this has been exsploited by IP infringments and Etsy allow the infringments to continue weather the accused has or hasn't signed a DMCA Notice. Also noted so many Chinese manufacturers doing the infringments whilst claiming to be handmade sellers and Etsy will not allow me to report them as they have blocked me after what I noted to be 5 fraudulent IP reports made against me which are not proper IP reports, and Etsy did not obviously read the fake IP reports before feeding them in to the system. I paid thousands to Etsy to promote my shop and I lost my business to fraudulent reports and Etsy's incompetence to follow their own protocol's in place for fair business practices
It can get worse than that: the thief can file for IP and then they can claim IP infringement against the small shop. The small shop will have to prove _in court_ that they had the original idea (and didn't file for IP) which might not be able to afford since they are a small shop. Even if they can afford it, you can never know beforehand how will this end.
Etsy made *one* aspect of the process easy(er). Not everything.
About 8 months ago I opened a shop on Etsy selling Sanrio inspired jewelry.
Of course this was a mistake because a few months after that, my listings were deactivated.
But what's unfair is that I knew another creator on Etsy who cheerfully sold Hello Kitty and Sanrio chokers for months and was never punished for it. No one reported him and no one did anything about it.
There's a difference between "doing something legally" and "not getting caught". Doing hardcore drugs is super illegal but people get away with it if they aren't caught. It doesn't make it any more legal. If it's okay for us to steal the IP of major brands, what says that major brands shouldn't be able to steal from us? It's either all okay or none of it is okay, which means as sellers, we need to be aware of the laws and abide by them, even when others do not. Your neighbor may be doing hardcore drugs in his basement but that doesn't mean that he's doing it legally. I hate sounding like a downer but this is the law. To be a legit business, you have to be willing to abide by the law. Because getting your shop shut down is a best-case scenario. A lawsuit is the worst-case scenario and unless your lawyers can beat Sanrio's lawyers, it's probably better to play it safe.
@@StarlaMoore I understand.
I'm just annoyed that other people are getting away with it.
@@shykobxbyy Can you be sure they don't have permission to use those characters?
@@FavoriteMusicSongs it's a small maker on Etsy. I doubt she would have paid for the rights herself from a big company :)
@@shykobxbyyi honestly think the issue is that you may be using sanrio/sanrio character names in your tags, title, or description and this is is probably what is making it easier for them to find you. Usually the people with big sales and selling licesned characters are not using the licensed names at all
Looks more to me like Etsy is promoting trademark infringers. There's a whole culture of intellectual property infringement on Etsy. There are loads of shops with thousands and thousands of sales who's whole business is based on selling Disney, Star Wars, Marvel etc.. They even use it in their keywords. Etsy's making a killing on fees, so either Etsy has some kind of a licensing deal with these empires or they're complicit and profiting. So, the only reason a seller wouldn't take advantage of that opportunity would be due to genuine personal values and integrity and there's not too much of that left in the world.
Right on girl! I went back to school about a decade ago for Graphic Design and Computer Art. We had to take a class on copyrights and you nailed it. :)
That's a class I'd LOVE to take!!! Especially with all the terrible misinformation floating around.
Thanks so much for this Starla. Very informative. I got some "push back" last year when I pointed out that Baby Yoda merch on Etsy was a no-no. Don't mess with the mouse. They got very indignant. Thanks again!
It's so silly that sellers get mad, yet if someone were to steal THEIR work, they'd be just as upset. Disney is RUTHLESS.
I still see a lot of stolen artwork from Charles Wysocki, Thomas Kincade, and Chuckie, It, Friday the 13th... it's so sad.
ALSO...don't think that because you're not selling much means you won't be caught. Example... 4 years ago, I was new to the handmade world and I made bottle openers with sports and brewery logos. I stopped selling them shortly after learning about copyright. However...those old 4 year old photos were still on my PERSONAL Facebook. Guess what? The Miller company found it, reported it to FB and FB took down and DELETED my ENTIRE personal profile!! From 4 year old photos I simply forgot about that I wasn't even selling! Don't think you won't get caught!
Yes!!! I've heard this several times, especially now that Facebook is cracking down!
I'm so happy about this! I held a license with a major university for a few years (paid the fee and jumped through the hoops, complied with design limitations, etc.) only to have to compete with a LOT of unlicensed merch on Etsy. It was very disheartening.
That's the worse. I feel bad for all of the brands who spend time actually getting licensed. Especially for those who pay big bucks to make it possible and to do so legally.
I believe someone on Etsy is trying to get me to take down my listing that apparently trademarked “blood vial pendant kit”
My listing is a blood vial necklace
They said I can’t use any one of those words ? How is that possible blood vial necklace those are all general words and she said I can have a similar image either? Is this just a straight up lie? intimidation tactic?
Copyrighted I mean
Thanks Starla for explaining this!! I LOVE your Dr. classes!! I see a lot of common phrases celebrates say on shirts - but they are human and just like the rest of us 'regular' people who all speak the same English language so how on earth do we know what is safe and what is not safe just because a celebrity said a phrased?? If its not trademarked how would we know we are infringing?? I took your advise and paid a few bucks to Ask a lawyer and even their answer was vague when it came to a word in a song or phrases from a book. I understand about the Disney stuff because that is obvious but the rest is so vague, I'm worried to put anything in my shop now.
Your best bet is to check phrases in the USPTO Trademark database for any phrases not falling within the public domain. It's not always celebrities. For example, Gerber owns rights to the word "Onesie" for babies. It can get a bit crazy. I usually start in the TESS database within the USPTO website, then I will double-check the exact phrase in google, specifically scanning for articles and blogs from lawyers or official government sources. I know how hard it can be. The most you can do is check those common phrases, just to be sure. www.uspto.gov/trademarks/search
I am excited but wary. Etsy's new systems have either been a hit or miss. I sell fairytale invitations with no Disney imagery, no Disney quotes or names, and same with my tags. But my title and tags will still have Beauty and the Beast and Cinderella but not Tangled, Frozen etc. I don't infringe and yet still may get hit if they are just auto populating tags and removing. And there are many other shops that sell fairytale themed products that are not infringing (We are definitely the minority in this area as so many sell copyright products.) It will be great for business as long as we don't get lumped in with the ones who are actually stealing and selling Disney products and images.
I agree - but in this case, I believe that as long as you file your counterclaims along with the year that the original tales entered the public domains, along with statements outlining that the works are your own, you should be reviewed quickly. I've noticed on LinkedIn that Etsy has been hiring TONS of new support staff this month. This should begin to make manual review processes a lot faster!
@@StarlaMoore I am really excited and this should be a huge positive for so many on Etsy that have been disheartened over copyright infringement! If I have to shift I shift thankfully I have just as many non themed products so waiting to see how it goes 😊 If it becomes to big of an issue I will not fight it and focus on other stuff because no one has fight Disney money 🤣
@@DigitalSuccessbyLily they sued a DAYCARE for painting Disney characters on their walls. 😂 Disney is ruthless!!!
That can be tricky. The video did explain the ambiguous situation of Alice and Wonderland. Fairy tales work the same way. As long as the product isn't too similar to the Disney version of the fairy tale, it should be fine. My favorite Disney movie is Frozen. Making fan art of the movie is copyright infringement. The video showed a picture of it. However the Snow Queen fairytale in general is public domain. Someone can make their own spin. The first time I experienced the story was the Hallmark movie Snow Queen. It is a great movie. It is even available on RUclips. Frozen was released after the Hallmark version. Both have a Snow Queen as a major character, but otherwise they are very different. I like both versions. Magic the Gathering recently released a fairytale themed set called Wilds of Eldraine. Plenty of cards are reminiscent of Disney movies. However they don't use the Disney style and likeness. The blue and white pair even has cards based on the Snow Queen. I am really excited about that. On can even make their own original OCs and still get some inspiration from the Snow Queen. One major example is the White Witch in the Lion the Witch and the Wardrobe. She is a Snow Queen expy. I have one of my main OCs be this guy, named Soram. He mainly specializes in dark magic. However I did mix in quite a few inspirations. One was Frozen. So Soram does have ice powers on top of his dark powers. Heck there are plenty of other characters with ice powers. One can get creative with it. There is also Jack Frost. I am familiar with the one in Rise of the Guardians. There is Frozone from Incredibles. Pokemon has a whole ice type. There are some specialized trainers for the type, like Lorelei and Melanie. World of Warcraft has ice magic in the Mage and Death Knight classes. Even Avatar has waterbenders with an affinity for ice. There are a lot of creative ways one can go with it.
wow....everything you've listed is basically 80% of Etsy. Will be interesting to see what happens! Now I totally get that people who use logos, brand names, or like direct art that isn't theirs as prints/tshirts/mugs, I wonder though if handmade things that are not mass produced and in a different medium or context would be ok, as it could be covered as a "transformative work" in the Fair Use Doctrine. Like I'm seeing a lot of embroidery art inspired by famous art, people who make dolls that are inspired by certain characters or famous writers, or paintings inspired by films. Are those things not protected? Since they are a completely original re-working of a piece, are inspired things not legal?
Unfortunately even if the items ae your own interpretation, they cannot be sold on Etsy. Though some items can fall under parody/satire, big brands will still report the items and Etsy will always side with the big brands in order to play it safe. So it's best to not list these items on Etsy.
The only thing that made me nervous when I read the notice from etsy was the thought that sellers will be reporting things that they don't have a right to, such as a particular design for a craft. For example, a copyright on a crochet pattern only covers the pattern. The pattern creator has no right to try to prohibit items being sold that were made using their pattern. They always put those kinds of disclaimers, but they don't mean anything legally. I also think people will be like "I thought of that first" and report things without legal grounds. They do it already and this new system will make it even easier.
Not necessarily. If you follow Etsy on LinkedIn, you'll notice that they've actually been hiring a TON of new people. I've counted at least 30 over the last few weeks. This likely means that Etsy is gearing up their support staff to tackle the filtration of copyright strikes - which is a great thing! It means a real person will likely be reviewing these counter-claims to ensure that false claims aren't passing through the system. I wouldn't worry too much. Without "proof" that they actually created the item first, or a legal copyright that they paid for, I don't see small unique cases like these getting far.
@@StarlaMoore I don't see them getting far either. But I can see how it could be an inconvenience for sellers if their listing gets suspended until Etsy has a chance to investigate.
@@jen_crochetfun I'm hoping they really start speeding up their support and maybe even bring back live chat now that they are expanding their team. We need better seller support for sure.
I love seeing how your business has grown! I was experimenting with clay and pewter skeleton key pendants and you liked an instagram post some years back but I didn't realize who you were in the whole scheme of things. I have branched off in what I am creating...currently I'm trying to create branding without infringing on copyrites (or paying anyone to help me cuz well I cant afford to pay anyone right now) anyways I just love how supportive you are of other artists and entrepreneurs. Keep Killin it Starla! And as always thank you for sharing your knowledge of how Etsy works. Cheers girl
Awww, that's so awesome! I'm so happy that my mom gave me a weird name that stands out. 😂 As of right now, my jewelry business has been parked due to all of the crazy issues with Swarovski crystals last year and my divided time working with eRank and with my coaching full-time. But I'm working on another totally secret and super niche shop that I'll be sharing later this year. 😉
@@StarlaMoore siiiick! New endeavors are refreshing and change is inevitable...gotta go with that flow. Stoked to see your new project 🙌
This is SO LOOONNNGG overdue! When the violating shops are shut down, many of their non-violating items will disappear also, and that will make it less competitive for the honest shops. Cheers to Etsy for supporting their best in class business partners.
Etsy went from 1 million sellers to 4 million sellers in a 4 year timeframe. I have a feeling this will help to thin out a lot of the re-sellers and eBay junk shops.
I agree 1000%. It's about time. I cannot understand how people don't see this as stealing just because it's a big brand. Come up with your own ideas and it won't be an issue.
@@user-lr5cx1ni4r Exactly.
this new rule only helps etsy trademarked items and bigger shops who can afford copyright and trademark patents and filings none of these changes will help smaller shops.
@@StarlaMoore Hi great video I was wondering if you have an answer for this I have a metaphysical shop and one of the key words on my listingsI title is paranormal activity am I allowed to use it since that’s a movie and what I’m listing is not ? Thanks
What happens to a shop when it receives one or two copyright strikes? Does Etsy limit the shop's exposure or take any actions behind the scenes? If a copyright strike has a permanent impact on the entire shop, should the store owner consider starting a new shop to avoid being capped and allow the business to continue to grow? What's your suggestion? Thanks!
Strikes typically affect your IP address. Not just a singular store. So if you're repeatedly getting strikes, unfortunately starting a new shop may not help. My best advice is to be careful and don't sell anything that could get you in trouble.
Also, what about already the store-bought food and sellers selling it there on their site? Isn’t this supposed to be all hand maid?
This is great but I fear it will increase revenge reporting also from someone you angered or perhaps a competitor's shop. Heidi
Only the owner of the IP can report you.
I know you were being specific to Etsy. However it's my understanding that you also can't make money in any way from fan art. So that would include any indirect monetization on social media or websites because it's using copyrighted characters to attract viewers.
This is true. Stealing is stealing, whether you're selling on etsy, Facebook, or your own website. With Etsy, you get a strike. On your own website, you get a cease and desist, or even a lawsuit.
See the video game section. Downloading and reselling video games for massive profits while etsy is banking off it, because they allow it, no matter how many times the shop is reported
As I said in the video, it is the IP holder that must report these products. Etsy cannot take down a product on behalf of another party. It must be the IP owner, by law. Etsy isn't allowing the sale of these items. They are a massive marketplace with millions of listings.
I just received a trademark infringement notice and had two of my listings removed. The term I infringed on was "Cowboy Pillows" written on a t-shirt design. I checked for trademarks before I even designed the listing, and none were found. A few months later, someone registered the trademark for that term and reported my listings. I had no idea that I was violating anyone's rights. Being legit and still getting punished is pretty sad. Perhaps building a shopify store and using Etsy as a stepping stone is the best way to go. Imagine your store being shut down after years of hard work by this type of thing!
Forget Years, my account has just been suspended. I will post the outcome of my appeal as soon as it is released.
They permanently closed my account, my first offense, which I wasn't even aware of. I put a lot of work into my store and got cancelled without a second thought. I do not recommend Etsy to anyone after this.
My Etsy Appeal - What I said
Why are you appealing your account suspension?: Other
Other reason: I had two trademark notifications on my account for a design by the name of "Cowboy pillows". When I created and listed the design I checked for trademarks and There were none in place. Unknown to me someone acquired that trademark this month and reported my listings. My listings were posted months before any trademark was in place. If they had just reached out to me I would have taken them down, because I do my best to stick to Etsy's terms. I hope you will reinstate my shop because this is something I didn't intend to do.
Are there any actions you've taken to address your suspension?: I removed both listings instantly
How will your business practices change if you regain account access?: I will continue to create designs that do not infringe on anyone's copyright and also trademark check my listings regular so this problem doesn't happen again.
What Etsy Replied
Dinesh (Etsy)
29 Mar 2024, 9:47 am GMT-4
Hello there,
This is Dinesh from Etsy’s Member Services team. We appreciate you taking the time to file an appeal with Etsy. After careful consideration, we've determined your account does not qualify for reinstatement. We've performed a comprehensive review of your account and the information you provided, and are unable to reconsider this decision.
While we’re unable to disclose our internal review criteria or discuss your account status further, if you have questions related to your Payment Account please review Etsy’s Payments Policy.
We’re unable to reconsider this decision and can no longer respond to further messages about your account status. We appreciate the time you’ve invested on Etsy and wish you success in your future endeavors.
Thanks and regards,
Dinesh
Like I said this was the first time Etsy flagged one of my items, Titles tags and descriptions were trademark checked prior to listing. My designs were unique, I did not copy other peoples designs. I had great mockups etc. It's gut-wrenching. If you're considering running an Etsy store, just keep in mind that they can shut you down anytime for any reason!
This is heartbreaking to read. So many trademark trolls out there messing people's hard work. Were you ever able to get it back or did you use Shopify?
I always thought that if I bought a licensed fabrics I could resale it in my products I make headbands. Thanks for sharing
The license for licensed fabric only applies to the very first point of sale under the First Sale Doctrine. So the retailer you bought the fabric is licensed to sell the fabric. You, as the consumer, are not protected. In most cases, if you are purchasing from a craft store directly, you will only be able to find the licensing agreements via the listings on their actual websites. Not in the physical stores. In most cases, you'll find statements like “FOR INDIVIDUAL USE ONLY" in the fine print of these listings.
This is one of the most common misconceptions I see in cases when Etsy shops are banned from the platform. Unfortunately most sellers who sell items made from licensed fabrics do not do proper research, and assume that the First Sale Doctrine carries over to their own shops. This leads to a lot of misinformation being spread in the Etsy community, and thus, a lot of sellers getting in big trouble.
I'll add that, on your personal website, these rules tend to not be as enforceable. The courts tend to not take cases like this seriously because you, as the buyer of the fabric, did not agree to only use the fabric for yourself.
BUT - Etsy does not give this leeway and will strike you, at which point you will not be able to dispute because you are, under their terms, breaking their platform rules. Etsy will always side with the copyright owner. Especially when it comes to big companies like Disney.
@starlamoore thank you !
So true. Many people just dont realise its illegal, and dont mess with the mouse :)
Mess with the mouse and he'll take your house. 😂
very exciting video you made there, does that also mean you are not allowed to make a national flag with text in more?
National flags are in the public domain, which means you can use them on products.
Sarah J Maas is the author of the IP I want to use. Any guidance as to where I can look to see how to go about this? & what info I may need when I request? I don’t even know what terminology to use to google for more info. Thanks
For each author, start at their website. They usually have some information about rights under either their CONTACT page or a FAQ page. Then email who they indicated and explain what you want to do (what you want to make and the type of design) and ask for how to obtain the rights to do this. Some may respond directly, some send you to a form to complete, and others may have a packet of info to submit. Each author is different. For SJM, the info is on her CONTACT page: sarahjmaas.com/contact/
i heard this is the same case for fonts too, is that right? for example the "keep on truckin" font so many shops used, i heard if they dont have a commercial license on that font, that can be an IP strike too. is that true?
Yes, licensed fonts are no different than any other form of IP. So it's important to always check that the font is free to use for commercial purposes.
How do people sell embroideries of the Nike logo with an anime character and never receive any letter for infringement etc?! So many people are embroidering the Nike logo with other designs and selling but get away
This is a question for Nike. Nike is the only company that can report infringement of their intellectual property. And they definitely do. But it doesn't mean that all listings infringing get taken down at once. Some companies are more protective of their copyright than others. It doesn't make it any less illegal though.
I sold autoparts for ebay, but yesterday I received a email from Etsy intellectual property of FCA llc (Dodge) because an air bag that they sold had their logo, I immediately removed all my items, it was only one item that they removed, but my question is what do I do??? Should I contact the email they gave me? I'm really a beginner at this and it took me by surprise
This was very helpful. Thank you for posting :)
I had my first claim on my Etsy shop for using a word in my title that was trademarked. The 6 listings in total were taken down. Was annoyed at first that the whole listing was taken down not just the word removed but I guess I learnt my lesson and have been through everything now that is still up and removed all trademarks.
With over 5 million sellers, unfortunately taking the whole listing down is the fastest way Etsy can handle these situations. Glad you were able to get all of your trademarks cleaned up.
Just look at all those Tumbler makers on tik tokers making things with characters, movie quotes, Celebrities
, movies, music, lyrics, tv shows, Disney, sports etc on them. Just a matter of time.
Oh yeah, I know. And a lot of them are selling on their own websites, which means they don't have that Etsy layer between themselves and the big brands. With Etsy, you get a strike. With your own site, you may just end up with a lawsuit. It's unfortunate but sellers need to know the basic laws of running a business.
I’ll say this make sure all of your images are your own camera pictures OR only use those free stock photos and you’ll be fine!😂 😂😂😂
I've had items flagged although I have permission to sell my officially licensed work. How do I get Etsy to stop taking down my items? They don't respond to messages.
Unfortunately if they are being flagged, it's either through the IP owner or through an automated system. If it's an automated system, there's nothing you can do, as the algorithm will catch specific keywords in your listing.
When you say officially licensed work, do you mean that you obtained a license from the IP holder directly? If so, I would ask them how to be white listed on Etsy if they are the ones filing the infringement report.
@@StarlaMoore Yes, I've worked on properties such as Alien, Stranger Things, Ghostbusters etc and part of the deal is that I'm able to sell a certain amount of prints of my work. I have the emails to back my claim but there is no easy way to reach Etsy.
@@FranciscoMetalHandFlores the thing is, Etsy wouldn't remove the listings unless they were reported by the IP holder. So if the IP holder is just going down the list, reporting them all in batches, they may be flagging you by mistake. In which case, it's the IP holders you'd need to contact and ask them to retract their reports.
Why did you not mention this DMCA report??? Noted what is a DMCA REPORT WHAT DOES OT PROTECT Exactly?? WHAT IF YOU SELL CLOTHING OR Ornaments
DMCA does not change or influence anything I've spoken about in this video. In fact, it further solidifies it. Basically, DMCA is a solution to future-proof copyright/trademark laws during the evolution of the internet, in order to protect the IP of others, even in an online setting where IP can be easily reproduced. The short answer is, you cannot sell products with characters/themes/IP of any kind without a proper license to do so. "Clothing or ornaments" with copyright/trademarked themes are still in violation of the original brand entities' property unless you have a license direct from that company to create or distribute these products.
@@StarlaMoore DMCA NOTICE was set up was it not to protect against the likes of imagery such as Disney characters and surface patterns not designs such as shapes and configurations of clothing designs. With that said, infringers who steel will sign a DMCA REPORT with out thinking twice as they are already sterling. Whilst I've noticed the phone numbers they supply and in some cases the names are not fixed to recall bonafide details. Etsy continue to protect the sellers legitimate business addresses which prevents me from taking legal action. Further more Etsy van me from sending any direct messages to the infringers selling the offending design from Etsy. Further more Etsy will not pass my legal concerns on to a department for seriouse accusation multiple fraud allegations made by myself in order to stop this unfair business that I. Turn is making Etsy alot of money. It needs to be aired world wide. It is outrageous and my business is damaged because of it. Etsy can see that my shop used to sell my neiche products before they were taken over by IP theft and has escalated tenfold. In fact my design were on the first pages of Google search before the IP thefts took over now Sleevzies ® removable sleeves are nowhere to be seen in the first pages on Google search as they are flooded with infringments via shein and Etsy
So basically what you are saying is that people actually stealing for example photos of a singer and selling them as idk polaroids and people who spent hours and hours on an artwork of that singer are the same..? that is such a crazy system.. then most of the creators will be on thin ice that’s completely ridiculous 😳
Unfortunately this has always been the law. Nothing has changed. The only way you could legally sell items that portray a celebrities likeness would be if it fell into the realm of parody or satire. Hence why animated shows like South Park can portray celebrities without getting in trouble. But you cannot profit off of a celebrities likeness, no matter what medium you've used to create the art. It's never been legal. Sellers have just dodged the rules, which is why Etsy is cracking the whip.
What if you are selling prints based on an original painting of a building in a big city that is shown in a TV series? Can you mention the name of the series in the title and description?
No. This would be a violation of the TV shows IP. You cannot mention the name of TV shows, books, or movies in your listings unless you have a legal license to utilize their name, as you are using the name of their series for personal profit.
Hi Starla ... one important question I could not find out with your video. How is it about using Keywords for Search? For example I make my own designs ... so no copy or something like that ... and I recognized that many Cosplayers are using my designs for their costumes. Especially Sci Fi Cosplayers. So I use the Search Term Star Wars Costume or Jedi Cosplay so they find it ... also now the 4th of May is coming and I also use this ... is this allowed or do I have to rewrite all my listings?
Unfortunately this is not allowed. Even if the designs are your own, you can't use terms that another brand owns. Especially in the Star Wars universe, where Disney now holds dominance. Even if the designs have nothing specifically "star wars" related, you can't use the words, or even words that could tie back to the franchise. We actually had a student who made ornaments in the Hogwarts house colors and called them "Potterhead" ornaments, which was a totally fan-made term. And she still got in trouble by Warner Bros.
May the 4th is a little more flexible for marketing, just because it's so widely embraced as a "holiday" of sorts. But the moment the item begins to directly resemble anything from something that exists within the Star Wars universe, things get tricky.
When all else fails, pay a few dollars at justanswer.com and send a quick message to a lawyer. It's super cheap and they send answers FAST.
Question: so if I have an etsy store that sells vintage items and I come across a second hand Disney/licensed item from the 1960s or so, it’s legal to sell, but I wonder if it’ll get flagged automatically. Thoughts?
So - as always, I'm not a legal expert and I always recommend paying the few dollars to ask a lawyer on sites like justanswer.com before listing anything questionable. But I personally think you're right. I believe that big companies like Disney would likely go through and just report EVERYTHING without checking to see if items are vintage... and since Etsy almost always sides with the larger company when it comes to infringement, even if the item is technically vintage, it'll likely still get striked. If it were me, I'd stay away from Disney, even if it's vintage. They are ruthless.
@@StarlaMoore I'm curious about this as well.
Actually, if it was licensed to the manufacturer when it was made, doctrine of first sale covers you.
So, 1960s Mickey Mouse Disneyland tee shirt (or licensed to a manufacturer), you can sell the tee shirt, or cut off the image and attach it to something else and sell.
If you copy & paste Mickey mouse from anywhere on the internet or photocopy from a physical item, make the iron-on transfer, put it on a shirt (or hand paint it)
you can NOT sell it.
Fabric printed with characters made into anything can be sold as long as the description says "... Made from fabric printed with (character name)." But Not "(character name) item ".
You can even cut out characters from licensed fabric and affix them to clothes, etc and sell. But even when protected by doctrine of first sale, you'll get pushback from some companies who try to control what people do with legitimate items.
Doctrine of first sale basically cuts off the company's rights to dictate what you do with a legitimate item. You can use it, burn it, paint on it, plant flowers in it, give it to your kid or your dog, run it up a flagpole or Sell it. It's yours to do with as you please. The manufacturer and license holder have no say, but many of them try.
Tabberone (pronounced Tabber one) has defende her business and the doctrine of first sale against overreaching companies many times and won.
You can find her at tabberone dot com.
Click on trademark page at the top under the cat.
Thank you. Trademarks make me nervous. Allthough i check everything and never touch any brands, characters or logos, i’m still affraid of being shut down.
What with sentences that are not trademarked, but do contain a single word that is trademarked? Example: ‘I love my cat’ is ok to use, but ‘cat’ is text trademarked. As the word ‘cat’ will be in the tags and title, the listing will also pop up when looking for trademarks. Will they also automatically be flagged??
Also song lyrics….. there are millions of songs out there. It’s impossible to know them all. What if you by coincidence use a phrase and you’re not even aware of it? I don’t know a manner to check this…
And last. What if a word or sentence get trademarked AFTER you made a listing? It’s really impossible to check daily if your listings are still save.
I’m maybe paranoid, but every morning when i check my account, i pray that it didn’t shut down.
Unfortunately there's no real way to take action on copyrights that are placed later down the line. I will say that cases of "sudden copyrights" are very rare. Many sellers have been able to dispute cases by showing that their items were listed before a copyright was present.
As I said, cases like these will be extremely rare and aren't something you should stress about... because you're right. There's no way to check all of your terms nonstop to make sure there isn't a new copyright.
You wont be shut down unless you get multiple infringement cases.
Question... how does one get a creative license to sell merchandise of like fanart and stuff? I'd be happy to share profits with these big companies I just don't know how :/ most of why I draw fanart is because I really like the thing and that's it, but I can't afford to just give prints to ppl for free and so many ppl ask for them
No I don't sell prints yet but I've wanted to, legally that is.
You will need to contact the companies directly. Many charge over a million dollars for a license so it all depends on the company.
@@StarlaMoore ooooof wish I was Elon musk or something xD looks like I'll have to tell the fans hey if u have 1 mil on you 😉
loved this, new sub, you'r delivery is everything
Thanks for subbing! 😍 We have fun here. 🙌
So I create generic Disney ride guides and Etsy sent a infringement email. I created the materials completely from scratch and not sure how to fix it. In the tags I used Disney World ride guides. Do you think it was from the keywords or using a basic Mickey head outline of ears? So confusing.
Both. You cannot legally sell anything at all related to Disney without official licensing from Disney. This will include imagery, wording, and anything related to Disney that you've placed in your Etsy tags, title, or descriptions.
I’m selling a resin dog tag business some of the molds I have are “mickey” is this a copyright issue? It’s literally 3 circles connected and I don’t plan on using Disney or Mickey Mouse anywhere. Could this still be an issue?
It absolutely is. If the item is identifiable as Mickey, you're violating Disney's IP. It doesn't matter if it's just 3 circles. You have created a product that is meant to look like Mickey in order to sell to people who are looking for a Mickey themed item. And Disney's lawyers are the most aggressive I've ever seen. I absolutely would not continue selling them if I were you. Unfortunately if it were to come to a lawsuit, no amount of money would be enough to fight Disney in court.
I am glad I watched this video and the site is doing this. I know that sounds bad but I do believe fan-made items are fine but selling them is not. Many sellers have operated under a "well I am small, I can slip through the cracks" side of things. Hopefully, it will make it easier for those of us who want to buy officially licensed merch to find companies doing it right.
The only downside I can see is companies filing claims against creators for generic or public domain items they do not actually own. While it is a different genre I like to bring up "Spots the Space Marine" often. GW went after the author for Trademark on "Space Marine" but the term has been in the public for decades before GW and many other major companies used it, not to mention how they took other artists' works and tried to claim it as theirs as well such as the 8 pointed star.
Etsy has been deactivating my custom hats...no copyright infringements..100 percent made and designed by me. They have put some listings back, but then again removed another one. I only have 20 listings at most and very few sales. So at this rate, I can't even trust Etsy.
You'll definitely need to contact Etsy about this, as it seems to be a bug. Etsy likely didn't remove the items for reported copyright, as someone would have needed to file that infringement report. Other items that Etsy often accidently deactivates are listings that utilize the word "amber", per their ban on items containing chipped amber beads, which unfortunately has cause their system to also deactivate listings that mention "amber" as a name or color. Items that fall under the child sleep safety restrictions are also being deactivated, such as baby items, blankets, kids PJs, etc. If your listings are mistakenly being taken down, you'll need to reach out to Etsy directly. It's likely a bug and something Etsy will resolve. The key is to be short and polite when messaging them, as their support staff tend to not invest much time into long messages I've noticed. So just let them know what happened and that the items do not violate any of their rules.
@@StarlaMoore After a few weeks, Etsy put everything back one by one, and then removed me from that 30-day wait to get paid jail. Not a peep about it, so I still don't know what happened. Maybe they do look at their errors and physically review them before cutting me off entirely. But now I am weary about listing anymore from them, and I was paying a decent amount to them for advertising, so I do feel rather cheated out for a month. I did notice that most went back after I cancelled my advertising. Thanks for your reply.
What if you were to sell a trivia game that mentions a movie or song?
This would unfortunately be a question for a lawyer. I recommend spending a few dollars on justanswer.com
Will Etsy shut down the whole shop, or will they simply - and more reasonably - remove the offending listing(s)?
You typically get three strikes before being shut down, but I've seen some cases where Etsy removes the whole shop. I assume if you ONLY sell items that infringe, Etsy doesn't waste time with the strikes. They will likely just ban the user. And when this happens, you can't make a buyer account either. You're permanently IP banned from the platform.
Hi,
We are getting counter notice from different bad seller, they are using our pictures, title and description.
They are providing wrong address and phone number.
What we can do, ease. Help.
🙏🙏🙏🙏
You'll need to continue contacting Etsy to report them. I also recommend tagging Etsy on Twitter, as this seems to get their attention faster.
@@StarlaMoore thanks for your quick response, we love suscribe your paid program for sales boost.
New sellers are copying the entire listing and make counter notice after receiving notice from our side.
They are mentioning wrong address and phone number, we are unable to send legal notice 😭
So how do people sell like cosplayed items of props and items from movies/shows like ironman helmets, light sabers etc
Typically they are doing so illegally unless stated that they are officially licensed.
@Starla Moore ahh makes sense, I've seen several 3d printed things on etsy of cosplay props from movies/games etc
Oh, yeah. It's very common! I made cosplay jewelry as a teen and right when Skyrim came out, I tried to make Skyrim themed jewelry. Bethesda immediately dinged me for copyright. It was over 10 years ago and I had no idea that I couldn't sell them back then.
Guest my shop got shutted down because of "Anti Social" tag. Still have $40 left in there
You should be able to reach out to their support for this.
This is a great video, thank you! I do have question though. What if I'm selling all original handmade items with no copyright on my shop, but a competitor is selling 95% copyrighted items on their shop. Should those sellers be reported? Should I report them? I believe in karma and I don't want to be that guy, but It's frustrating when you obey the rules and see someone else breaking the rules and getting sales. Their shop has been open for more than 2 years and for some reason they keep getting away with it. Any advice would be awesome. Thanks!
As I mentioned in the video, you unfortunately cannot report them. Only the owner of the copyright has the ability to file a report against a shop that has infringed. Your best bet is to stay in your lane and wait for the inevitable. Often, big companies like Disney will watch shops like this for several years, that way when a report or lawsuit is filed, they have evidence that a LOT of sales have been made from their IP. So even if this competitor is currently selling, it doesn't mean that they aren't being monitored. In time, it's very likely that they will be caught.
@@StarlaMoore Appreciate it!
I am wondering about characters that show a 'likeness' that do not use any trademarked terms associated with them- i have had many best sellers over the years that even etsy has featured (i have recently deactivated since shopify actually gave me a warning over using pokeeemoons names- which is surprising since some are so abscure) i make dog costumes from my own patterns - i am wondering if they are just tagged differently, or still a no-go 🤦♀️
Btw I am so glad to have found your channel and FB🙌🏼 Thank you for providing REAL and current info, there is waaay too much fluff out there, its no wonder that new shop owners are feeling frazzled 👍💕
So - this is another case where you may want to pay a few dollars on justanswer.com and ask a lawyer. But my gut says no. If you're making a dog costume based on the general likeness of an existing character, even if you're not calling the costume by that character's name, you are technically still infringing - though it'll be likely harder for the copyright holder to find you in search portal. If I were you, I'd definitely pay for the lawyer opinion though. It's pretty cheap to ask them a quick question.
Thank you!! 💚
Hello, I have a question about intellectual property. If I have a royalty free image of a Harley Davidson with all the rights and I am going to modify it afterwards. Do I have the right to sell it? If so, do I have the right to put the brand name in the title? I specify that the logo of the brand will not necessarily be visible
Unfortunately you wont be able to use the term "Harley" or "Harley Davidson". Even if you're using a stock image, you cannot sell a product that uses imagery from another brand. For example, I could not sell a product that uses a royalty free image of Mickey Mouse. "Royalty Free" does not always mean "safe to sell". If the royalty free image still contains the IP of another brand within it's imagery, you likely cannot sell it or use any keywords connecting your product to the original brand.
Hi Starla,
Thank you so much for the video!!
We got striked two time for selling sorority necklaces. I didn't know if it was a violation. I think since then our entrire shop sales have dropped a lot...
I took them down after watching your video. I have questions. 1. Should I just deactivate the listings or should I completely delete the listings?
2. I really feel like our shop sales have gone down a lot. It might be because of the strikes. Our shop is a 6 year old shop. Should I close the shop and start from the fresh?
Is there any way I can find out our shop quality score by any chance??
Thank you in advance.
Hey Patrick!
I think in order to answer your question, it's important to first understand how Etsy's algorithm works so you can make a decision that is best for your brand. I have a quick workshop that goes into the details of how strikes and other negative engagement impacts the health of your shop in search. You can find that here: bit.ly/EtsyScience
For the listings, deactivation and deleting have the same impact. Either way, the items are no longer available, so it doesn't matter either way. Since you won't be re-listing them, I'd personally just delete them for the sake of de-cluttering.
After watching the workshop I linked, your next goal should be to decide if your existing listings have enough listing quality to justify keeping them. Starting over from zero is hard, and I usually recommend trying to recover what you have when possible, rather than starting from scratch. There's no right or wrong answer here. You'll either be investing time into recovering your overall customer and marketplace experience score by doing things that positively impact your shop (which takes time but is totally possible - also discussed in the workshop), OR you start over and spend that time rebuilding from the ground up, which obviously also takes time. You just need to decide how you want to spend that time. I personally would try to recover your existing shop, and I feel that method would take less time than starting from scratch.
@@StarlaMoore Thank you so much for answering my question!! That definately helps alot and Yes, I will watch the video. Thanks for the link!!!
Hi Starla, Thank you for the video! I'm wondering about scents? I have a soap and cosmetics etsy shop and some of my scents are listed as "type" or "dupe" from the vendors I purchace the fragrance from. Is it ok for me to use the scent type name in my listing description or tags? An example is a soap I made has the scent name "Drakkar Type" from the vendor. The soap itself has a different name. Can I use Drakkar Type in my description where I describe the scent? Thank you!
Unfortunately I don't feel confident answering this one, as I have no idea and wouldn't want to give you advice that could get your shop shut down. Your best bet would be to ask your vendor directly.
@@StarlaMoore thank you! That at least points me in the right direction!
Etsy does not remove sellers using trade marks/copyrights. I reported 2 I personally dealt with and they are still selling for profit.
Definitely keep bugging them about it. Have you by chance tried out the new reporting portal I mentioned in the video? I haven't heard much about it since it was launched in the spring.
Yes, reported both the page and the item and even reached out to the company with the copyright. I also filed a complaint with PAYPAL for a full refund. I did receive a 50% refund on one item I canceled before it was shipped. Not happy!
But no one is looking at my original characters, they're looking at the fan art of other characters. But that's ok I can still sell fan art on my own web store. I also find parodies law protects many artist.
Your own website is unfortunately not a safe alternative. Etsy provides a small layer of security between you and the larger companies, since Etsy will remove the listings and administer warnings in the form of a copyright strike. On your own website, you are not exempt from the law and are more likely to see action in the form of a cease and desist or worse - a lawsuit. I understand how much it stinks but I literally see it happen weekly.
Parody and satirical content tend to be okay, but there are very defined areas. Fanart is not parody or satirical, so it's insanely important to speak with a lawyer before listing items that aren't satirical in nature.
As for not having searches for your original characters - you have to be willing to put in the marketing that makes your characters stand out, rather than riding the coat tails of someone else's intellectual property. TONS of Etsy sellers have wonderful success selling OC content on prints, stickers, original works, commissions, and POD items. They do this through brand building and marketing. Many are finding immense success on TikTok, such as Acorn and Crow Studio, who currently have over 100,000 sales: www.etsy.com/shop/AcornandCrowStudio
They primarily market on TikTok by showing off how they pack orders.
There are so many ways to be successful and safe at the same time. Please be careful.
Its sad, but "fan art" is technically not legal. even if you don't sell it, which is really strange and wrong to me. But I'm reading up on the difference between transformative vs derivative works, which is a weird grey area in Fair Use Doctrine. If you are profiting, it might not be fair use, but idk it's a legal grey area. If its a big character, really famous cartoon, anything super hero related, would prob not be wise to even attempt to sell fan art. I feel like if your work is in the same medium as the original art work, you'd have an even bigger chance of getting sited, because part of why unlicensed use of other people's work is a big deal for artists/companies, is that the quality might not be up to their brand representation, or some people might not know the difference between the lisenced/unliscened product, and it hurts the brand's rep. Whereas, you obviously know that David Lynch didn't embroider a Twin Peaks thing, so you understand its not actually his work. Not saying the later would fly either, it's in a grey area, but having the exact format/style of something could easily get you in trouble!
I had a question, what if I have mario beads that I use in jewelry, would this be considered copyright?
Yes, you unfortunately cannot legally sell items that you male with them.
May I ask you if there is a system where a shop owner can ask Etsy to verify if the work that is going to be sold on their own site is not copyrighted? Or maybe somewhere on the internet that can check for the shop owner? I am asking this because sometimes it is easy to fall into copyright infringement without knowing. This type of service will be very helpful.
You can do this at the USPTO website: www.uspto.gov/trademarks/search
You'll want to perform a TESS search.
Ultimately, it is not Etsy's job to make sure sellers aren't breaking the law. Sellers need to do their own research and conduct the same as any other business. Typically when accidents happen, it's no big deal and Etsy just removes the listing. You get three strikes before Etsy bans you. It's cases where people intentionally infringe on copyrights over and over where things get sticky.
@@StarlaMoore Wow thank you so much for your prompt reply. You are a great example of what a real professional is. You also gave me more answers than I expected. I appreciate a lot.
@@clovel73 it's super important and not enough RUclipsrs share information like this. 💛💛💛 Sellers need to know how to be safe, as well as successful. ✨️
Great video! Does this apply to tags as well?
Absolutely. Keywords anywhere in your listing can be flagged for copyright.
Thanks for another very informative video. But i'm lost now...
So for e.g. it's not possible to sell a product with the words F1, Formula 1, Moto GP in the titles and descriptions?
I sell wood replicas of race tracks, the track layouts are trademark?
I don't use oficial logos or names.
It likely is not allowed, unfortunately. Your best bet is to contact them. If something is copyrighted, there's no real way to get around the laws. Locations like race tracks are likely treated the same way as a football stadium, baseball field, etc. The only way to know for sure is to reach out to their legal department. I'm just going to guess that major tracks like F1 would likely defend their copyrights.
@@StarlaMoore👍⚡fast answer! I will contact them and a lawer to. I'm sad but I already have a new title for the listings "Wood wall art for people who doesn't like to watch vehichles go slow at a private race track"(Terrible SEO🙂)
I own registered designs. I have evidence that etsy do indeed choose what they want to remove. One email said they didn't think the design looked the same so the report wasn't granted. Have you done all of your research? What you are saying should be factual. These are serious issues.
I've also evidence that etsy do not open the reports that have been submitted for IP infringements.
I know this after I obtained the reports that were made against me maliciously after an Etsy seller filed illegally reports non-associated to anything that he sold or I sold. His name was not even related to the report that he had filed. This is evidence to show Etsy allowed non proper IP reports to be served which goes against the protocols that Etsy must also follow under fair business acts.
Etsy are only allowed to submit IP report if the IP reports are genuine, ( there are many malicious people who will lie to make money) the report protocols are in place for reasons. Etsy have a procedure in which they are permitted to follow to make sure the IP reports are proper IP reports and this is done to ensure fair business practices under business laws.
It seems you do not have all of the facts in front of you, and I do not say this to be untoward but just to be matter of fact
My research comes directly from Etsy. What you have provided is anecdotal evidence, which unfortunately is not conclusive when it comes to advising the majority.
Please note that you're also commenting on a video that is over a year old, and much has changed in the realm of Etsy since this video was published, as they have continuously worked on this their reporting portal. Part of that evolution includes more automated systems for deactivation, which is why you may be experiencing issues. Especially with other sellers making false reports, along with an influx in newly hired Etsy staff over the last year who help with the manual review process which takes place after reports are filed. Again, this video is over a year old. The reporting portal was released the same week that I released this video, so we have experienced multiple changes in the reporting portal since the initial upload.
This does not mean that I "do not have all of the facts in front of me". It means that I created this video with the only facts that were available at the time when the video was recorded, back in April of 2022.
@@StarlaMoore thank you for your speedy response but I just have to point out to you that a lot has changed one new issue is this,
@@StarlaMoore I agree A lot has changed, one example is.. we have been videoing myself making genuine IP reports to etsy and those reports that have been confirmed have not been responded to by Etsy. Etsy would send notifications via email informing the IP holder that their report has been received. This does not happen anymore and it is very concerning as there is no evidence that the IP holder has registered any IP reports to Etsy other than the video footage of the application being filed online.
Do you know if Etsy is doing this as to ignore IP reports?
I have a question what do I do if I bought something on Etsy and they're not sending nor are they responding to my messages they just blatantly ripped me off.i opened up a case well see what happens
Opening a case is really all you can do. Etsy will take care of it for you. It just might take a few days for them to get to your case.
@@StarlaMoore ok thanks I appreciate that...
I also found that they don't Even like you to use tags that people can't see!! Why can't we use?!?!?! :(
It's not about people not seeing them. It's about sellers using words that another company owns in order to sell themes that don't belong to them. Think of it like this. If someone copies your items then used your business name to sell those items, you'd probably be upset. It's the same for these brands. Etsy must treat all cases equally.
@@StarlaMoore makes sense...
what are the hsn code for digital products?
I honestly don't know. I would suggest asking that question in the Handmade Alpha Facebook Community and see if anyone knows there.
Our Etsy shop only uses public domain Alice in Wonderland images from the original publication. Phew, glad we don't touch Disney.
I absolutely love your shop!!!
@@StarlaMoore Ahhh, thank you so much.
Very helpful! Thanks!! Can your shop recover from multiple trademark infringements? In the beginning, I had no idea what I was doing and did not understand that you had to check each and every phrase used in your SEO. So many words and phrases are trademarked, it's unbelievable. I am putting a tremendous amount of time and effort into my shop. Is it worth it if I am going to forever be in the bottom of search? Thanks!! :)
You totally can but it does take a bit of time. I was 19 when I started selling on Etsy and had no idea that you couldn't make items based on movies. I ended up with two copyright strikes. I moved on to build an insanely successful 6 figure business.
The most important thing after a strike is to revive your customer and Marketplace experience score. This is the score that is damaged by strikes. Getting good reviews and maintaining sales and your good standing with Etsy can help build your score back up.
If you haven't already, be sure to watch my new etsy workshop because I actually go in-depth into everything that impacts your customer and marketplace experience score and your listing quality score.
bit.ly/EtsyScience
@@StarlaMoore Thank you so much for this! ❤I'm so happy I found your channel!!
Hi I got an intellectual property infringement notice. Does this mean I’m being sued or what?? Etsy deactivated my listing, will that be the end of it? I’m terrified.
Ultimately, using copyrighted characters, terms, logos, etc is you riding on the coattails and profiting on all of the marketing and work that the original copyright owner did to make the character, term, or logo famous.
You may have physically created the new art, but If the reason why someone wants to buy it is because of its association to a famous character, book, show, singer, etc then you are probably in copywright infringement.
After all, round glasses are just round glasses, but once you use the term Harry Potter, you are intentionally targeting an audience of people that was created by someone else's hard work.
Exactly. If you're trying to target an audience that was built on the foundation of another brand, you are intentionally dancing around the gray lines of infringement. Just because these brands are big, it doesn't mean their artistic rights are any less valid.
Thank you Starla.
Thanks for watching Janet! 💜
Curious...I see people claim "you are paying me for my time to put this together (think birthday invites with Hello Kitty or Frozen) and I do not own the art or characters used here"
That's still an infringement...or am I missing something?
That is most definitely still infringement and it is very illegal. You cannot sell items with licensed characters, even if you made them yourself, assembled them, or you're selling them as a completed item (like party supplies). If you did not come up with the characters from your own mind, they belong to someone else and you cannot profit from them.
I'm wondering can I do an inspired themes? No logos but the "essence" and colors like a Beyonce Honey/Bee Hive theme party or something? What lines don't you cross? I wouldn't use the logo or anything just the vibe. And maybe say "Beyhive Inspired". I'll check just answers. Thx
If the item can be recognized as something else, it's usually not okay. For example, if you sold party products that weren't directly Harry Potter themed but they were done in the colors of the Hogwarts houses and were themed around wizards, owls, glasses, etc, it would still be recognizable as a harry potter inspired product and could get you in trouble. For the Beyonce products, her label likely owns the rights to the word "Beyhive" so you wouldn't be able to sell the items. You could obviously do a general bee themed collection, but it couldn't connect to Beyonce's brand or anything associated with her music in any way unfortunately.
@@StarlaMoore thanks so much 💕
what about if you're selling vintage items? like an old t-shirt from mouseland or something like that?
Unfortunately I can't answer this because I'm not sure.... but if it were me, I'd rather be safe than sorry. Vintage products are okay but vintage products that represent characters that are still popular may result in a strike, as Etsy will likely side with the larger party who owns the original intellectual property, even if the item technically falls into the vintage category. If I were you, I'd message Etsy and ask them. They'll likely be happy to clarify. 🙂
@@StarlaMoore thanks!!
I have a question regarding public domain images. I plan to sell wall art and posters with public domain images that I will digitally restore and also slightly edit (as in the lighting and feel of the images). I know there are a few stores that are already doing that. Can they copyright claim me for using the same image but with my unique edit or is public domain still a far game.
Okay... so please keep in mind that I'm not qualified to give legal advice, so everything that I say should definitely be fact-checked with a lawyer on a side like justanswer.com (not an affiliate... I'm just cheap and they are cheap, lol). My first question is, are the images "stock" or "public domain". If the images are public domain, such as very old photography for example, then you can absolutely use those images without question and no one can claim rights to those images. Especially if you are adding your own spin to the images or editing them. If you are hit with a copyright claim, you should be able to dispute that claim, as long as you can provide evidence of origin of the original work, as well as it's original creation year or a statement that basically outlines why it falls into the public domain.
Stock imagery is very different because "stock" does not always mean that you are licensed to profit from the imagery. Most websites that provide stock imagery have pages about their unique policies for use of their imagery for profit, and sometimes the individual photographers/artists on stock websites have their own individual licensing agreements. For example, I paid for rights to the music that I use in this video. But sometimes, I get copyright strikes on RUclips for use of the song, and I have to manually dispute the claim and provide my license to use it for a monetized video.
@@StarlaMoore Thank you very much for your speedy answer, it's extremely helpful!
I don't use any stock images, just public domain ones and I check and double-check that they are in the public domain. I just wanted to make sure :)
Hello, so before I do my post my affirmation cards on Esty. I need to copyright it first correct?
No, you do not need a legal copyright in order to claim them. As long as you are the original creator, you can list them and you automatically hold the copyright. So if someone copies your exact designs from your cards, you can report them within the new IP reporting portal mentioned in the video.
@@StarlaMoore Thank You So Much you’re a Blessing 😘
But I didn’t come up with the affirmation I got them from Pinterest. Is it still the same info?
🦋💕THANK YOU SO MUCH!!
Any time! 😍
Love the video !!! I was not sure if I can use “
Velcro “ in my listing… its an item and use I velcro to secure it …
I believe I've heard sellers mention being reported for the exact term, "velcro". So you may want to avoid it, even if it's a supply used in making your products. I bet there's a synonym that could be used instead. 🙂
@@StarlaMoore hook and loop would be the correct term. :)
This is crazy how much you look like Drew Barrymore!!!!!!!!!!!!!!!!!😲
Hi, for me it is somewhat confusing since for example you search for the word smiley and it is trademark but when you search if the smiley face character has copyright it tells you that it is public domain, now could you help me since I have a design with this image?
This is a very sensitive subject that I am not qualified to help you with unfortunately, as it appears that the subject is very context specific. The word "Smiley" is copyright as is their "Smiley" character - however, general smiley face emojis are public domain. Your best bet is to pay a few dollars on the website justanswer.com and ask a lawyer, as it appears that the "Smiley" company has a very strict copyright policy and reporting system for violations: smiley.com/infringement/
@@StarlaMoore thanks I'm not using the word to clarify just the caracter but when i did my research shows is public domain that is my confusion
@@dunia8956 it's likely their exact version of the smiley face is protected but not the image of yellow faces in general
@@StarlaMoore thank you
to use the word samsung tv in a listing will fall into this problem ?
Absolutely. You cannot use the name of any existing brand unless given permission by the brand themselves
@@StarlaMoore good to know , thank you Starla , much appreciated : ) . there are thousands of listings with the word samsung tv , that's why I thought it was ok to use . now the difficult part will be to list something , aimed to a very specific type of buyers , that use the word when they search for the item , now the problem is , try to not use the word in the the listing... and overcome the other sellers at the same time , that do use that word in their SEO , a difficult task in did...lol . ; )
Speaking of art and artists, the artists profit(MAKE MONEY) from their work right?, then how come in the US and the WHOLE WORLD tattoo artists get away with you name it copyrighted characters, logos, movies and all the list you mention above, I mean I've never ever heard of a tattoo studio being shut doing or fined for using copyright if making money out of it is the main point
Technically it is illegal. Most major tattoo artists will not accept art that infringes upon IP. My artist refuses licensed art.
@@StarlaMoore uhm yeah, it should and it indeed is illegal, my question was how come they get away with it when the cheapest average tattoo is around $50 in the thousands of parlors around the world yet "GIANT" companies go after $10 items and fed courts turn a blind eye on them, and sorry to disagree but that of tattoo artists refusing copyrighted things is not true, they print what the client ask otherwise millions of mickey tattoos shouldnt pop on google search and thats only a very tiny amount of tattoos being published
I'm definitely not saying some aren't illegally tattooing. I'm saying that many do not accept this type of work. Especially those working at a competition level. My artist has won multiple state awards and because he's such a high profile artist, he does not do anything that could risk his reputation. There will always be people who break the law. It doesn't make it any less illegal. They get away with it for the same reasons that people get away with breaking traffic laws or doing hardcore drugs: they just haven't been caught yet. "Yet" being the key word.
Yeah etsy is full of star wars stuff to that they have no right selling because its owned by Disney im looking at you baby yoda
Oh yeah, and a TON of sellers have already gotten in loads of trouble for it! It's just a matter of time.
It seems to me that they are not treating the issue of copyright with the seriousness it deserves. There are numerous copyright violations on their website, and they do not appear to be making a strong effort to prevent them, aside from occasionally shutting down accounts. The majority of these violations remain unaddressed, which suggests that this is not an unintentional oversight. Despite having the ability to delete offending content en masse, they have not taken such measures.😑
Etsy is a marketplace with over 5 million sellers. There is absolutely no possible way to mass-vet every listing uploaded to the platform without automations. And we have seen the chaos that automations have caused on Etsy in the past. If a brand of carrots is recalled from the grocery store for making people sick, it is not the grocery store's obligation to take the blame. It is the company who provided the carrots to that store. Etsy is the grocery store. The individual sellers are responsible for the products they produce, and uploading listings that violate Etsy's terms are actions of the seller. Etsy can only educate and take action when cases are reported.
@@StarlaMoore They can set up a filter, at least for all major brands, before approving the publication of a product. This would not be difficult to implement, and anyone who wants to sell Disney or any other brand would have to prove that they have the rights, otherwise their product cannot be published. I don't see why this would be difficult. As for listings already online, an email can be sent to everyone who has already published, asking them to prove that they have the rights, otherwise their product listings will be automatically deactivated.
I completely agree, they could easily filter out Disney, Louis Vuitton, Gucci, etc. by asking all the sellers for the rights, and very few would respond. So it's clearly infringement... Etsy clearly allows it to happen on purpose. I have already seen sellers who have nothing but that in their shop and have never been bothered, 2 years later they're still there, and it's certain that they don't have all the rights of the big French luxury brands, obviously!
Just wondering if this goes for using certain fonts too?!!
If the fonts are licensed and recognized, likely. For example, fonts specifically used by brands (like the Harry Potter font) are just as protected as the characters. So it will just depend on the fonts and who they are owned by.
OH, this is cool! So now me as a fan are stuck having to buy cheaply made Chinese products from these billion dollar corporations featuring their "copyright" characters. Instead of being able to buy some awesome handcrafted item featuring that said same "copyright" character that was made by a fellow fan.
The unfortunate thing is, art theft is art theft. We must hold companies to these standards whether they are big or small, otherwise who draws the line? What laws would make theft only applicable to large businesses and not small independent artists? While I see where you're coming from and I agree that I'd much rather purchase from small artists, the laws can't be made in a way that makes it totally okay for the lesser party to use another companies IP, but not the other way around. There has to e a line somewhere, and those lines are subjective based on who draws them in the sand. The best way to create items with specific characters is to obtain a license from brands that are looser with their licensing. Rick and Morty is a great example of this. It's relatively easy to get a license to sell Rick and Morty themed items, which is why so many companies are able to legally sell the merch.
What about those that are making satire? Example someone takes Don’t Fear the Reaper and turns to create Don’t Fear the Food? This is a ridiculous example but I’m curious how this would be handled.
I think it's going to entirely depend on how recognizable the original brand's trademark/wordmark/copyright imagery will be in the satirical work. Coming from my totally non-legal expertise, I know that satirical imagery typically is not considered the same as intellectual copyright infringement, and cases like these are generally not enforceable in court... but this is assuming you're selling on your own website where you make the rules for the platform. When it comes to Etsy, they don't give sellers much opportunity to fight fairly in gray areas like this, and will often side with the larger company who owns the intellectual property - even if technically, the design falls into that gray area of satire. As with everything that takes place on Etsy, it's their playing field. So even if satirical themed content is technically legal to produce, Etsy may still side with the larger brand in order to cover their own butts. So just be careful and don't use the brand's exact words, slogans, quotes, phrasing, or imagery. And obviously, reach out to a lawyer if you want legit answers because I'm just using my best knowledge and judgement on this topic... as someone who appreciates the art of satire and who has done a lot of personal research for fun.
@@StarlaMoore that’s what I was wondering I won’t mention their name but one of my favorite enamel pins is “Pawltregiest” it has a cat staring into a tv lol thank you! I might just hop on just answer and ask so we all know. 😊
@@cynthiag1621 Let me know what they say!!!
I just commented a screenshot in the FB group
I’m curious your opinion on using the word “onesie” in title and tags. It is trademarked by Gerber. I’m using rabbit skins brand bodysuits but use the tag since that’s the term everyone searches by. Will this get me into trouble?
Yes, unfortunately this will get you in trouble. Gerber is known for hitting Etsy hard for listings containing the words "onesie" anywhere within their tags and titles - and the new reporting portal will make this process even easier for them. I recommend removing the tag and sticking to "bodysuit". It stinks, but all of the other sellers who are using the term will likely be flagged too, which means shoppers will need to adapt their search terminology as the marketplace gets more strict with enforcement.
Thank you so much for your answer. I thought as much but was hoping otherwise!
Any advice on how to drive traffic in the meantime? Probably 98% of the traffic I receive from my best selling listings is from the term “onesie” somewhere in the search.
@@jessicae1492 Your best bet is to use eRank.com to find the next best keyword that people are using, such as "boysuite". And crack down on your social media strategy in order to make up for any organic traffic loss due to the removal of the word "onesie". You can still rank for whatever new term you use and I'm sure if your items have been selling, you likely have good listing quality scores. I'd focus on traffic maintanance in the meantime by driving people externally. This should help you to maintain your listing quality scores while Etsy begins to recognize you for the new word you want to be found for.
You’re the bomb. Thank you so very much!!
Time to open Shopify 😆
On Etsy, you get a strike.
On your own site, you get a cease and desist, and potentially a lawsuit. Soooo... probably not the safest alternative. 😅
I rewatched this video - like I do many of your video's and have another question. One of my best selling designs that I created is being sold be two different Etsy shops as their own design. They also sell Disney and mickey mouse and lots of other things that I wouldn't touch. Both shops have over 50,000 sales so they are much bigger than my little shop. Would it be in my best interest to NOT report the intellectual infringement to Etsy that they stole my deigns - since they are bigger. Will I face retaliation? I have messaged both shops politely to remove them but of coarse both shops have ignored me. What would you do - I don't want them coming after me, my shop and designs are all legit, but I wonder if it just better to write if off and take the hit. I'm super upset because I'm obviously loosing sales - but it's not worth having someone come after me because I reported them. What has been your experience dealing with intellectual infringement violations? Thanks Starla!!!
Don't fear retaliation when these sellers are literally stealing from you. You're not the one in the wrong and any act of retaliation can and should be reported to Etsy. Report their listings, claim your designs via Etsy's new reporting portal, and don't fear bullies, otherwise they'll just continue hurting you or potentially other sellers as well.
@@StarlaMoore As always you give the best most detailed advice!! You and your channel are amazing - thank you for replying back, you are so appreciated!!!!
Geeeez! All that for NFL license
Right?! And if you type "NFL" into Etsy, you'll find a TON of shops who are selling NFL items. It makes me very nervous for them. These big brands don't mess around.
How about those that sell with fabrics with copyrighted material? Are we still covered under the second sale doctrine?
The license for licensed fabric only applies to the very first point of sale under the First Sale Doctrine. So the retailer you bought the fabric is licensed to sell the fabric. You, as the consumer, are not protected. In most cases, if you are purchasing from a craft store directly, you will only be able to find the licensing agreements via the listings on their actual websites. Not in the physical stores. In most cases, you'll find statements like “FOR INDIVIDUAL USE ONLY" in the fine print of these listings.
This is one of the most common misconceptions I see in cases when Etsy shops are banned from the platform. Unfortunately most sellers who sell items made from licensed fabrics do not do proper research, and assume that the First Sale Doctrine carries over to their own shops. This leads to a lot of misinformation being spread in the Etsy community, and thus, a lot of sellers getting in big trouble.
I'll add that, on your personal website, these rules tend to not be as enforceable. The courts tend to not take cases like this seriously because you, as the buyer of the fabric, did not agree to only use the fabric for yourself.
BUT - Etsy does not give this leeway and will strike you, at which point you will not be able to dispute because you are, under their terms, breaking their platform rules. Etsy will always side with the copyright owner. Especially when it comes to big companies like Disney.
Great video… you explained it perfectly!
Thanks so much for watching Julie!!!
What about Bible verses?
It appears to be a gray area. Here is a lawyers response to the question:
www.avvo.com/legal-answers/can-bible-verses-be-quoted-on-items-for-sale-is-th-2994959.html#:~:text=The%20answer%20is%20%22it%20depends,their%20content%20may%20constitute%20infringement.
The Bible is public domain. So just go nuts. It would probably be safer to use an old version like King James. As for characters like Jesus, Moses and Noah, just do whatever you want with them. If anything, you may be doing religious people a favor. Your work can help turn more people towards Christianity ( or whatever religion you have). So it is best for religious people to leave you alone. It is free missionary work for them.
Finally! Hopefully major brands takes action on the shops profiting off of others work.
I've been keeping an eye on the Etsy community and I'm already beginning to see it happen, just in the short time that the new reporting portal has been active.
Seen slot of trademarked logos in this video that you are making money from RUclips.🤣 Guess rules only apply to certain platforms & certain people
That's not quite how it works. I am using the logos in direct reference to the brand and in representation of the brand. I am not selling a product that could be confused as an item sold by an official brand. This would be similar to me reviewing a movie and presenting a still image of the movie on screen. Ad revenue is not the same as selling a product with another brand's IP.
Now, if I played the Harry Potter theme song alongside the Harry Potter logo, this would not be allowed and my monetization would be removed, as you cannot monetize a video that contains copyright music.
But when speaking ABOUT a company, brand, artist, etc., you can display imagery that represents them. Otherwise the news would never be able to cover stories related to any business, movies, celebrities, etc.
@starlaamoore what if you purchase items at full price online and resale them in a shop.?
It doesn't matter. You are not licensed to resell those items on Etsy. Even licensed craft supplies have disclaimers that state "for personal use only".
Shout out to all the small copyright owners who have been personally reporting infringement for years with zero action by Etsy 🥲
Like I mentioned in the video, unfortunately reporting to Etsy will do nothing because only the owner of the IP can legally claim that IP and report infringement. So instead, report directly to the companies who are being infringed upon. Many, like Disney, have emails specifically for this where you can send them an anonymous tip.
@@StarlaMoore so if I am a photographer and someone on Etsy is selling my photography, I shouldn't report to Etsy, I should report to...myself?
Not for the cases when it is your original work, no. I thought you were specifically referencing other brand entities. For your personal cases, don't be afraid to unsheath your claws with Etsy. I find that the best place to get shit done is Twitter. Etsy can ignore an email but when something like theft is Tweeted for the world to see, they tend to take notice. I'd start Tweeting them directly and try to get some retweets in order to gain some traction. Especially if you have family/friends/customers/fans who would be willing to help call them out. It sounds extreme but it seems to be the one thing that REEEEEALLY gets their attention these days.