Copying?

[Former_Member]

Recently, I found a shop that sells Jewelry items such as bezels and chains.

http://www.etsy.com/shop/purplemountainbtq

I also found a different shop that sells bezels, like those the other shop sells, but she puts graphics in them and sells them.

http://www.etsy.com/shop/zeldalilly?ref=seller_info

Now to get to my point.

I ordered some bezels from the shop and am planning to do the same as zeldalilly.
I won't use the same graphics, obviously, because I am completely against copying others ideas. If you look in her shop, you see a "Metal Bending Necklace".

http://www.etsy.com/listing/107152325/metal-bending-necklace

Is it copying her to use the Earth Kingdom symbol? I will not be using her graphic, creating my own, but still.

She owns no rights to the Earth Kingdom symbol therefore, I am not copying, right?

Thanks in advance

[TheSalvagedEdge]

Does someone else own the rights to the symbol? (I'm not familiar with it)

[Former_Member]

Yes, its a TV show. Avatar: The Legend Of Korra.
I know there is some copyright stuff going on there, but everyone else is making that stuff, why cant I?

[Former_Member]

You can but will possibly be subject to copyright issues if reported and if the company cares.
As far as her idea, it seems like the image used on the listing above is her own. I am not seeing one quite like it on google for the show. So yeah, copying her image would be rude. But she cannot came after you for doing avatar themed items (sorry, saying she but could be he). many people do avatar items.
Does that make sense?

[TheSalvagedEdge]

Tyler, just because "everyone else is doing it" doesn't make it right, ethical, or legal.
Some people are loathe to buy from shops who do it, some don't care.

I personally would rather sell my own work and ideas than someone else's but it's your shop to conduct as you see fit. Good luck!

[Former_Member]

Just because tons of people are doing it doesn't make it legal. You'd be liable for copyright infringement, just like all those other sellers already are.

[Former_Member]

I accidentally crossed over into copyright infringement territory this summer. It was totally by accident but it was still pretty darn scary getting that cease and disist letter. I will never do it again. Yes, others here on etsy do sell this companies items and never get caught but it's not worth it for me.

[Former_Member]

Hm... thanks everyone!
Marie, Gena, youre right. People have been doing it for years, but that doesn't make it right. I haven't heard of Nickelodeon or the creators taking lawsuit action, so maybe I dont have anything to worry about. If they ask to take it down, I will without a thought.

I am definitely not copying the graphic she uses, so no worries there. I will keep all of this in mind, thanks everyone!

[Former_Member]

You can copy her graphic all you want as she obviously can't copyright it since creating it and selling it is copyright infringement. But copying it and selling it also makes YOU liable for copyright infringement, same as if you made your own copied graphic or directly lifted one of the versions created by Nickelodeon artists.

[Former_Member]

Okay, I may just not do it. I don't want any trouble with the law.

[Former_Member]

Okay, I may just not do it. I don't want any trouble with the law.

[Former_Member]

I agree with Gena. I'd play it safe and not make jewelry with that symbol.

[Former_Member]

Soooo...Tyler...I just took a look at your shop. You really ought to take down ALL of your Avatar listings, as they're ALL liable for copyright infringement...

[Former_Member]

I know. I'm not sure! I really don't want to run into trouble but 99 % of my views are Avatar related... I will think for a little while. :/

[Former_Member]

By keeping those items in your shop, you are just asking for someone to nail you for copyright violations. Unless you have a license from Viacom (holders to Avatar) and if you think they won't go after the little guy, think again.
http://www.escapistmagazine.com/news/view/91423-Avatar-Protest-Shut-Down-By-Viacom-Copyright-Claim

[Former_Member]

I know if stinks to have to redo your shop but to be safe, I would take them down and come up with new designs not connected to a popular character, movie, tv show or book. For example, I know Disney is pretty aggressive about going after copyright violations. I have heard of a case where they made a school repaint a mural that had Disney characters on it. I also heard of a case where a woman crocheted characters from Angry Birds and posted them on her website. She did now have a well known website but the creators of Angry Birds made her take the items off her site.

[Former_Member]

They all can be pretty militant, Viacom, Sanrio, and Disney being IMO, the top 3, and they do scan Etsy in these random searches. Same goes for Doctor Who. Go ahead, try messing with the BBC.

[Former_Member]

It is not copying the stores items because its your own version, but they are trademark, copyright logos. In my other shop a client wants an embroidered design of a sports team. I cannot get the specific tiger because no one is authorized to make the item. I have to buy from a sports store or someone who is an authorized dealer to sell the team logo pieces. If someone were to make the embroidered design, they could get into trouble. The same would go with this. I had to stop carrying an item in my other shop because it had the double C on it like chanel. Even though it had nothing to do with the actual brand, it was way too close, and I could have been guilty of copyright or trying to sell knock off items. Maybe if you purchased an actual item and then made it into a necklace......idk if that would work.

Good luck!! Its all so complicated ;)

[Former_Member]

Copyright and Intellectual Property Policy on Etsy
http://www.etsy.com/help/article/482

We've all been there. When I first began, I did items using a certain cat. Now, I buy a license for some images, and use a lot of public domain stuff, trust me, you can be very creative with public domain stuff.

[WilliamsGiftshop]

1. It is against Etsy rules to discuss other sellers and their products in a public forum.
2. It is against the law to infringe copyrights.

[Former_Member]

I hadn't thought of this when I purchased the miniature books I used to make charms for a few of my bookmarks. Thankfully, I can make gifts of them to several of my fan friends. Guess I'll take those down!

[Former_Member]

i have a question that kind of runs with this topic since its kind of copyright. If I make a pillow using fabric that has a charter or team logo it then sell it does that fall under copyright problems or how does that work can anyone tell me?

[Former_Member]

That's a good question. At first, I would say you should be fine since the fabric was licensed, but under the surface, was it licensed for personal use or resell. Hopefully someone who knows more can answer that one!

[Inugurumi]

Loni- This may help: http://wiki.answers.com/Q/Can_you_make_craft_items_with_licensed_fabric_and_sell_it

It seems like you can make items using copyrighted fabric and sell them. Although, the owners of the trademarked and copyrighted images can act against them.

[Former_Member]

Thank you that was much more clear than the first thing i read.