Copy Cat Question

[Former_Member]

What can you do about someone who is copying your work? She has just started selling her new item (like Mine) the beginning of October. Does Etsy have any rules on this?

[Former_Member]

What exactly has she copied? is it exactly the same?
I dont think theres really anything you can do about it unless your design is copyrighted. :(

[Former_Member]

She uses a different frame but Prints the lyrics in the hearts. So sad !! On so many levels!!

[RiverValleyJewelry]

So you are printing someone else's lyrics on your product and you are concerned about someone copying YOU?

[Former_Member]

under copyright laws I can offer this. I cannot claim the lyrics as my own thats why the buyer must supply them to me. I can however clam the design.

[Former_Member]

oooh, that sucks. I'm so sorry. I took a look at your items, very cute, very clever.

[RiverValleyJewelry]

Great. But DID you copyright your design? You can't just say "this is mine!" and expect her to remove her item from her shop. It's a legal process. A long and sometimes expensive one. You'd know if you had one, is what I'm trying to say.

I truly am sorry this is happening, but if you don't want it happening, you could try to get claim rights to your design via a good lawyer. Then, if someone tries to copyright you, your lawyer deals with it, not Etsy. Etsy doesn't get involved with those things. It's between you, your lawyer, and the copycat (and possibly their lawyers).

[RiverValleyJewelry]

I've seen quite a few shops doing what you do around here. Are they all copying too? I'm just honestly asking...how do you know you were the first?

[Former_Member]

I'm not an expert in international copyright law, but I'm not sure you're right about this:

'under copyright laws I can offer this. I cannot claim the lyrics as my own thats why the buyer must supply them to me. I can however clam the design. '

As I understand the law as it pertains in the UK, if you're using copyrighted lyrics, it doesn't make it legal just because someone asked you to do it. You might need to check on your legal standing on that one.

Perhaps someone else knows more than I do, but it seems to me that if someone else asks you to break the law (in your case by using copyrighted lyrics for commercial gain) in legal terms you are not innocent of the transgression. :(

[Former_Member]

Yes, Jay is correct, you would have to use the customers own personal song lyrics (like they wrote themselves or poetry they wrote), I don't believe you can use any commercial song without permission from the producing company or whoever has the rights.

But that is another subject all together...

[Former_Member]

I know in the US the copyright runs out on lyrics/words 75 years after the DEATH of the person who wrote them. If you're using someone else's lyrics to make money before then, you're breaking the law.

Just a heads up! :)