Former_Member
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copyright infringement help, advice, etc - pretty please!

hey guys,

I know that this is probably more a question for a lawyer, but lawyers are expensive and I more or less just want to know proper etiquette in this situation.

I just got a message from another shop owner saying that she owns the copyright of a banner I recently made and listed and that she'd like me to take down my listing. (here: https://www.etsy.com/listing/182821780/embroidered-mini-banner-you-do-you?ref=shop_home_active_6)

I looked through her shop and she doesn't have one with the "you do you" saying listed or ever sold and I know that doesn't necessarily mean she doesn't own the copyright, but I'm just wondering if it's a dick move to ask her to email me a copy of her copyright. is that even possible? do you get a paper with proof of ownership?

clearly I'm in way over my head. for now I've deactivated the listing, but I'm just slightly confused because I use a different material for my banners and I'm not sure where to go from here and also I don't want to be rude or anything. I'm happy to comply if her copyright specifically applies to my banner, but I just don't know if that could be the case and the best way for her to show me her copyright.

Many thanks in advance!
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Former_Member
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Re: copyright infringement help, advice, etc - pretty please!

just realized I took down my listing so you can't see it, but it's very similar to this one except embroidered with "you do you."

https://www.etsy.com/listing/182833089/studded-mini-banner-x-stud-felt-hanging?ref=shop_home_active_...
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Re: copyright infringement help, advice, etc - pretty please!

If you officially register a copyright then you will have a copyright registration as proof to be able to show.

But, you don't necessarily have to officially register a copyright for it to apply to something.

I am definitely not a lawyer, but I would think one would be hard put to prove that they actually came up with the phrase "you do you", if it weren't officially copyrighted.

So, if she doesn't have the registration, it would come down to when you first used it, and when she first used it.

I personally would ask her to verify the copyright if you still wanted to use it, although she doesn't really have the obligation to.

On another note....I seriously. seriously doubt she holds the copyright on the phrase. It is the title to a song from 2001, and is in the lyrics to several songs after that from different genres. It has been the title to several blog and magazine articles. Not that any of that excludes the possibility of it being hers but, I would hazard a guess that it makes it very unlikely.
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Re: copyright infringement help, advice, etc - pretty please!

I second Jennifer W's comment. I certainly don't know in this case but people do toss copyrights around loosely without actually owning one. The question often becomes for either party if they want to take the time of proof. If people are serious and spend the money on the copyright they have an attorney send an official cease and desist letter. There are few original ideas :) Innovation is key so keep creating otherwise if you want to protect a selling product ask for her attorney to send documentation.
David
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Former_Member
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Re: copyright infringement help, advice, etc - pretty please!

thank you guys! I really appreciate the insight. I felt the same way, but I hadn't encountered this issue before so I didn't really know how to go about this.
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Re: copyright infringement help, advice, etc - pretty please!

I'd put your banner back up for sale, and respond like this (seriously, and the part about copyright of a phrase is true):

Dear (shop owner):
thanks for contacting me about the "you do you" banner in my shop. I respect any artist's desire to protect their unique artwork.

In this case, I had never seen your shop or your artwork. I was not copying you, instead I was inspired by that phrase due to something I experienced personally.

In this case, the phrase "you do you" already belongs to a band, a song title, and has been used by many artists in their work. It is not attributed to a single person.

Copyright Protection is not available for names, titles, or short phrases - - you can copyright a brand name or a trademark, but not a general short phrase. Just like I can't copyright "I love you" and try to stop everyone from using it, the phrase "you do you" is also in broad use. It's even in the Urban Dictionary.

The one thing we can do as artists is respect each other's designs, use of colors, shapes, fonts, etc. I agree with that totally!

I certainly don't intend to copy anyone's work! I understand how you feel. However, my little banner was created out of my own imagination and creative flow, so I think we are okay. If you have managed to copyright and protect the phrase "you do you", you might want to start by contacting the band of the same name first! I'm just a little Etsy shop with a single banner with those words.

Good luck with your Etsy sales and artwork.
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Former_Member
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Re: copyright infringement help, advice, etc - pretty please!

guys, thanks so much for the support! definitely feel more validated that I'm not violating anyone's copyright or anything!
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