Copyright Infringement

[RebekahTaylorDesigns]

This week a former etsy seller who no longer sells on etsy reported to etsy that I am copyright infringing on them and etsy deactivated my listings. This person is saying I am copying their crochet designs which I am not. She says that she will keep reporting me as long as I keep copying her. I asked her for the copyright registration that she has ownership to these designs but she says she does not have to show me anything. Pretty much we both put a heart on a cozy. She also says my color chart is similar to hers. This is ridiculous and I am not sure what my legal rights are because for all I know she could be copying me? Which I could care less cause I have too much going on. Any advice? I dont want etsy to shut me down because someone just keeps complaining. Should I take legal action? Can someone legally own a finished crochet design because they put a heart on it? Also I have been here since 2011 and this person just popped up in 2014.

[LeedsRadio]

Rebekah-

This is kind of a game you can only lose. In order to take legal action you would need an attorney. Can you imagine the cost for even 2 hours? It exceeds the the money you'd gross if you sold everything in your shop today.

As far as registration goes, it is not required, recommended by the US copyright office. To quote them:

"Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device."

You can read more about that here:
http://copyright.gov/help/faq/faq-general.html

As far as the person being on Etsy only from 2014 - that doesn't mean that she/he didn't create whatever it was before. Also that party must have had to show Etsy something (I hope) to show infringement.


Wish it was better news.

[mirrymirry]

Rebekah, if you can prove to etsy that you were selling the heart cozy before the other person, this may be your best hassle free & cheapest option. Have you got an old listing with the design?

[StuckOnSilver]

Hi, Rebekah, so sorry this happened to you. Your work is so nice! Hang in there. Have you contacted Etsy to talk to them about this? Our captains may be able to refer you to staff to appeal this action. Good luck!

[LeedsRadio]

To sell it first (or at all) is not a requirement. The requirement is to create it first.

http://copyright.gov/circs/circ01.pdf

"Copyright is secured automatically when the work is cre
ated, and a work is “created” when it is fixed in a copy or
phonorecord for the first time. “Copies” are material objects
from which a work can be read or visually perceived either
directly or with the aid of a machine or device, such as books,
manuscripts, sheet music, film, videotape, or microfilm."

[Plektra]

I agree with Richard....this is the case with UK law too. I have also consulted a group of lawyers who also said the same. In fact, they said, you don't even have to put the copyright symbol.

This is a tricky one as we can't see the other seller's work to assess similarities etc and of course, we are not allowed to call someone out in the Forum. You know when you listed your items. Were the dates before the other seller's? You can find your exact dates in your bills. Etsy would be able to see that too.

Is it one item she is talking about, or a particular style....or is it a series of items?

Have you checked if there are still similarities between the two of you now that she is no longer on Etsy?

[HoneyThistle]

Hi Rebekah, sorry this is happening to you, and honestly it just seems so ridiculous. I took a quick look at your shop, and your cozies are great :)

Once I asked a lawyer friend regarding design copycats... and one of the responses to a 'cease and desist' is to say no, and 'status quo'. I can't offer you legal advice personally, but it might be helpful to consult someone you know through a friend of a friend or distant family member who can offer it?

[mirrymirry]

How do you prove when something was first 'created' ?

Dyson took a firm in China to court over copyright, but he didnt win. seems a messy business to get into

best to talk to etsy i think. after all they are the ones that have deactivated your listings. i'm sure they'll tell you what you can do for them to reinstate your works

[TikasDesigns]

If this is a case of a cup cozy with a heart on it then this makes no sense...there are a ton of those on etsy. Is there something specific to this design that would make her think you are copying hers?

I would contact etsy ASAP to try and clear this up.

[Former_Member]

This seems nonsense. I mean, if it is the one you have on your avatar, then it is a very simple design many people could have come up with.

If you stop selling that particular design will it be enough? I don't know, just saying.

I am sorry this happened to you.

[Former_Member]

I would contact etsy and tell them what you just told us. You have no way of knowing if she made the design before you unless she produces registration info but it seems like something you couldn't really copyright. A heart on a mug cozy isn't exactly akin to the Disney logo or any other 100% unique design in that anybody could come up with the idea.

But the idea of using a pattern and color chart that someone else created to make a product you then sell, gets a bit stickier. Even if you're not, if it seems like that's what you are doing (to etsy or the former seller) then it's unlikely you'll come out on top. The rationale being you're making money off someone else's intellectual property.

I went through a similar situation a few years ago and etsy required I forward them the registration informaiton for my product. So maybe she *does* have registration info for a design that is similar enough to your design that etsy said "Okay, yeah. she does hold copyright."

The thing is, even though a competitor's designs may be very similar to someone else's, etsy (and typically copyright law) will ultimately rule that because the design is only slightly different it's okay. Which really sucks, but leads me to believe that either your competitor does hold a copyright registration or your designs are almost identitcal to hers. Either way, I'm sorry you're going through this. Copyright and patent disputes are such a nightmare. I wish you the best of luck.