Copyright help

[Former_Member]

So I was just wondering. I had a Dinosaur Train listing. It was a risk, it got removed. I'm not upset. Just wondering if I change the listing to just be described as Dinosaur instead of the Dinosaur train brand would that be acceptable. I certainly don't want my shop to be closed for re-listing the item but just wondered what the rules are. Thanks

Chelsey

[Purl1VintageToo]

I can't help you with your copyright question, but wanted to tell you how much I like your bibs. So cute! Hope someday one of kids comes through with a grandchild for me, so I can buy some!

[Former_Member]

I'm bumping this because I'd like to know the answer to this, as something similar happened to me recently.

[heartsabustin]

I think rather than risk having your whole shop shut down, just keep the listing removed. This is a hugely hot topic on Etsy, and I personally don't think anyone should be trying to market or use copyrighted or licensed items in their work. That sort of misses the point of handmade. I don't mind using it in stuff I make for myself - that's what it's for. But usually those licensed fabrics are for personal use, and not to be used for personal gain.

[WintergreenDesign]

I believe that licensed products (fabric, ribbon, etc) can only be used for personal use. You can make your items but you can't sell them and you definitely can't use "Dinosaur Train" to sell them as that is trademarked and they probably already sell their own products. When you write Dinosaur Train or Dr. Suess you, etc. you are using someone elses trademarked/copyrighted name to help sell your product. If you want to use those types of products you would need to get a license to sell those products and they are rather pricey. Personally I prefer the more generic/cute prints anyway... best of luck with your shop.

[WilliamsGiftshop]

You cannot infringe copyrights/trademarks.
You cannot sneak-infringe copyrights/trademarks.
It's as simple as that.
Be original.

[Former_Member]

okay. I think I will leave it off and just sell it at the local market. I just wanted to know what the rules are. I agree though, I personally do not like the "character" fabric. I usually only order these things in for customer requests.

[Plektra]

Quite a hot topic!! I echo BeaG.

You've got lovely stuff in your shop, it would be a shame to risk it. I would go for other ideas.
Sky is the limit when it comes to creativity and imagination.

[Former_Member]

Chelsey.

Was it
(1) a bib made of generic dinosaur fabric that you had titled and tagged as "dinosaur train"?
or
(2) a bib made of "dinosaur train" fabric?

If it was #1, I think you'd be okay if you remove the dinosaur train titles and tags, if it was #2 then you probably shouldn't list it again.

[Former_Member]

It doesn't matter what you call it, if it is a direct copy of the image (or an approximation of) associated with a character, you can not sell it.

Not even at a local market.

I know people do anyways. But that doesn't make it right.

Maybe give it as a gift instead?

[WilliamsGiftshop]

Selling it at a local market is still selling it. That makes no difference.

[SelkieCrochet]

are the batman/superman/dr seuss allowed too?

[PiecesOfMePaperCraft]

Rosemary, all of those names/images are trademarked.

I stumbled on a new shop this morning that has a Disney section with all handmade items. I didn't quite know what to do - contact them and politely let them know they can't do that or let it go. (I let it go)

[Former_Member]

The same is also true for college and professional sports teams, using their logos, mascots or licensed fabrics to sell - it's a violation of copyright. I see lots of sports-themed products around and it's a definite violation. And, selling it is selling it, whether it's on etsy, other online shops or in local markets. It's not allowed, and certainly not worth the risk.

[SpangGangDesigns]

How does etsy allow some, but not others? If using trademarked names, materials, etc. is illegal - why isn't it a universal rule applied to ALL?

[krochetlady]

Etsy will remove a listing or close a shop when the trademark or copyright owner submits a complaint.
It happend to me, yet I see other shops selling the same trademarked items that were removed from my shop.

[Former_Member]

Erica, a lot of those shops are "flying under the radar". Just because they haven't been caught *yet* doesn't mean that they won't though. And for every shop they close two or three more will open. Some people honestly don't know, and others just don't care.

[Former_Member]

just like all the shops selling things for .20, and the dirt cheap jewelry shops from china, its sad and frustrating and SO annoying how many do get by under that sneaky radar. either way, rules are rules, and I agree, better safe than sorry.
your shop is adorable, and I LOVE that chubby happy baby in your pictures! good luck to you! I definitely think you'll have much more luck with the (non-character) fabric pieces. they have way more style :)

[CharmingPrintables]

Can't you report a shop yourself if you see a copyright violation? I see tons of shops that sell all kinds of Disney stuff, etc.. I don't think anyone should have to let it go... That's not fair since we all need to abide by the same rules. In fact, I've had 2 people in the last week request custom Hello Kitty items and I turned them down because I refuse to do any copyrighted characters.

If people want this to stop so badly, then why not report it when you see it and move on? I wish Etsy could make it so that a listing containing a copyrighted character name could just not be "published."

[Former_Member]

YES. Please report it! That is what the "report shop" option is FOR.

ETA: I think the reason so many shop have gone unnoticed is because people are scared (or something) to report them.

[Former_Member]

Reporting a shop to Etsy for copyright/trademark infringement does not prompt them to police the issue. Feel free to report the shop to the copyright/trademark holder however, who in turn can contact Etsy to take action.

[CharmingPrintables]

I believe reporting does work. I did report a shop for it awhile back when I wasn't sure if it would work, and I checked back again recently and those listings had been removed. So in that case, it did work.

I think it would be in Etsy's best interest to take these things seriously. If the copyright owner (e.g. Disney) came across the listing in question, and it had been reported, I think that could hurt them as well. I could be wrong...but if they're not taking care of these issues, couldn't that fall on them?

[PiecesOfMePaperCraft]

I think the owner of the copyright/trademark has to report the shop to Etsy. When you click on the "report this item" link, the only place to report a copyright issue is the link that says "this is my intellectual property." Ebay is the same way. The copyright owner has to be the one to report the listing. (I was given that info directly from ebay awhile ago)
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Beth Clough from thegracioushome says
The same is also true for college and professional sports teams, using their logos, mascots or licensed fabrics to sell - it's a violation of copyright. ...whether it's on etsy, other online shops or in local markets. It's not allowed, and certainly not worth the risk.
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This also applies to advertising with trademarked logos and words. I work in the advertising dept. of a newspaper publisher. We are not allowed to EVER use logos or the words Super Bowl, World Series or March Madness in any advertising. We can't use team logos. For instance, I'm in Mass. and we can't use Patriots or Red Sox logos in anyone's ad. If a local bar wants to advertise their Super Bowl party, the ad can't say Super Bowl. That's why you hear and see advertisements for "The Big Game." Super Bowl is trademarked and we can get sued for using it.

[Former_Member]

If you stop and think about it, it's also why department stores call their sports apparel sections "licensed materials." Because you have to have a license to sell that kind of thing.

I know that you can apply for a license with Disney and other companies to be able to sell stuff legally. I have no idea what the process is like, but that's the only way to do it and not get in trouble.

Also, just fyi, you have to be registered with the CPSA and comply with CPSIA and FTC laws if you are selling anything that is for children under 12.

Just because we are small businesses, doesn't mean we don't have to follow the law.

[PlumsandHoney]

I'm a bit confused now that I've read these posts. I had listed this handmade pillow, my original design, and listed it as Minecraft Creeper, blah, blah, blah. I got a notice, saying I was infringing on copyright, but if I changed the title, it would be fine. Some of what I'm reading here, though, makes me wonder if I might still be over the line. If you know Minecraft, you'll see my monster doesn't look like their Creeper, but the design fits the culture. I don't want to steal anything from anyone. Thoughts?

https://www.etsy.com/listing/156141839/creepy-monster-miner-pillow-appliqued?ref=af_shop_favitem