Borderline Copyright Infringement?

[AnimalFancy]

I'm really stumped on this one. I create digital anthropormorphic art prints. I have a lovely customer who purchased several of my prints and also has her own shop here on Etsy. I just discovered that she put one of my prints ("Charlotte") in an antique frame and listed it for sale in her shop. A bit stunned, I'm now questioning whether or not this is legal, if not only unethical.

The other piece of this is that the listing description is more or less about my print and not so much about the frame (which is hers). Is this legal? Is it an infringement of coyright to sell my print, even if placed in her frame? And finally, how do I address this tactfully? I'm just quite shocked that she would sell it on the same site! Thank you for any advice!

Here's the listing description:

Charlotte is a lovely doe dressed in her Civil War era finest. she is nestled in a beautiful antique carved wood and tortoise shell frame which suits her perfectly. the frame measures approx. 10 1/4" X 12". Charlotte's portrait measures 5" X 7". she looks just lovely and will be sure to turn heads and please the vintage, eclectic soul.

[PotteryLodge]

To my knowledge this would be considered reselling which is NOT allowed. I would contact Etsy with a link to both your listing and hers.

[Former_Member]

If they change the item, then it can be considered handmade. HOWEVER, I don't consider putting something in a frame changing the item. Hopefully Etsy doesn't either. I would contact Etsy for sure.

[PiecesOfMePaperCraft]

Before contacting Etsy I'd contact the seller first to try to take care of the matter. Since you said she's lovely she might just not realize what she's doing. Tell her the listing with your print is considered reselling and against Etsy's TOU's. I'm guessing she'll take it down.

[AnimalFancy]

All good advice. The customer is lovely, Judy, which makes me very much agree that she really doesn't realize. Thanks so much to all of you. I really just wanted to confirm my thoughts on it. Such are the joys of online business, right?! :)

[heartsabustin]

The TOUs clearly state that we are not allowed to sell items handmade by someone other than ourselves, unless it is a vintage item. I would contact her first, with the TOU cut and pasted. If she won't take it down, report her to Etsy.

[MountainGoth]

She is selling the antique frame correct? She bought the print correct?
She can resell the print if it is unaltered, via the first sale doctrine. I think since she is selling the frame with the print in it, that would make it within the TOS to sell. Would need to see the text of the listing to better understand.

[WintergreenDesign]

I agree with Suzanne tbat this is probably okay since she's putting the print in the frame. That being said I might contact her and ask that you the artist of the print be noted and perhaps a link to your shop be included in the listing.

[AnimalFancy]

Thank you Erin and Suzanne. In my initial post I cut/pasted her listing description. This is what has me confused. It seems that she's selling the "print" nested in the frame.

Also, I can't seem to find the exact section of the TOU's where this is stated. Would anyone happen to know where I can find it?

Thanks again!

[AnimalFancy]

I thought of that too, Christa, since there was no credit in the listing. I may do that....not sure yet exactly how to handle this, but it's so helpful to have input from others. Thank you again everyone.

[Untwistedsister]

I would look at whether the listing is listed under vintage or handmade. I just wonder if any print also needs to be vintage to qualify to be sold with the frame under vintage. Probably a question for etsy to sort out. I don't know that I'd contact her before knowing Etsy's stance on it.

I sell handmade pendants and technically someone can put it on a chain and call it handmade and be in compliance with Etsy's TOS.

[Former_Member]

If the person made the frame, then technically they can probably sell the print on Etsy because its now been put in a handmade frame.

I don't see it as being any different than someone purchasing a pendant and putting it on a chain and selling that.

There is no copyright infringement because they have not copied your work at all.

[Plektra]

Very tricky situation. If she is putting so much emphasis on the OP's print or if she is using that print to sell her frame (and print) I would think that she should at least give credit to the OP. Or perhaps present the listing in a way that doesn't sound like the whole thing for sale is her creation.

It does sound to me like reselling, but it's unclear. Let us know what happens - if you want. It would be useful to know. I hope you get this resolved in a good way.

[AnimalFancy]

Thanks so much everyone. This person truly is very sweet and after writing her she immediately took down the listing and apologized profusely. I knew she no ill intent, but it did raise this tricky question.

In any case, my understanding is this.....if a product is handmade, it cannot be purchased on Etsy and resold by the buyer on Etsy. By putting the print in a (non handmade) vintage frame and listing the product as though the *print* is for sale, "embedded" in a frame, I considered it re-selling.

Thanks to your help in this thread, I was able to tactfully approach the subject with her and all had a great outcome with zero drama!

Thank you so much!! :)

[Plektra]

That's excellent! I'm glad you resolved this without further drama.
It is very upsetting when things like that happen, but some people just don't realise what they are doing might not be right.

[Former_Member]

I don't know a lot about the legality of this (and i'm glad it's all resolved now) - but perhaps put a note in your policies to specifically say that your artwork cannot be resold without prior consent...?

[mardistorm]

I wish I had the problem of people buying my art - and then reselling it - haha! That is the meaning of a "successful" artist, is it not? Though of course she should be fully crediting the artist, this is a print by so-and-so. Glad it got resolved to your satisfaction.

[Former_Member]

If she has a large following & customer base maybe you two could partner up selling your prints and her frames.
Just a thought. :)

[PorcelainJazz]

I think that Natasha has a point. Since she is lovely to work with and obviously very accommodating from her reaction to your reservations about reselling your work perhaps she would make a good business partner.

I found the lack of recognition for the artist who created the print the most disturbing part of this particular story. Attribution of photo credits are actually required by law so that in principle attribution should have been required here as well. Original artwork is resold all the time. But attribution is normally made simply because it makes the piece more valuable.

[Former_Member]

I agree with Natasha. Why not establish a collaboration? For this instance and for potential future sales, you could outline a policy for such buy-frame-sell situations. Perhaps you would be comfortable if these listings included a link to your shop? If the description of your image were quoted directly with quotes? When all parties involved work together, you can really use the power of Etsy's community to foster powerful collaborations.

[Mzcarley]

reselling is legal. I saw a video on reselling and how to do it on youtube. What resellers look for are cheaper items that they can sell for a higher price. This is the video I saw http://www.youtube.com/watch?v=RFT8UUP6gsw


I do not resell any items nor do I condone the morality of the practice of reselling. All items in my store are 100% handmade in the USA

[Former_Member]

reselling is not allowed on Etsy, however.