How to Avoid Infringement

[Former_Member]

Hello All!

I am planning to introduce downloadable files on my boutique. My daughter was actually working on Calendars and To Do lists that are anime themed. However, would we get in trouble for using anime images?

I'm not exactly sure what the policies would be for these type of items, and while I have seen it on other stores, I wouldn't want to get in trouble just because I'm not sure how things work.

Any guidance would be greatly appreciated!

[WilliamsGiftshop]

We could give you the complicated version of copyright/trademark laws, but it all boils down to a simple rule: if YOU are not the original designer and/or copyright/trademark owner, you are NOT allowed to (try and) earn money from it.

So, if you want to sell downloadable files, you either use images that are in the public domain (you can Google that) or you design your own.

Even if many sellers on Etsy seem to have licenses to commercially use famous trademarks/copyrights, they usually don't. They are breaking the law. They just haven't been caught yet.

So, be original!
Or play it safe by making sure you have the rights to use someone elses images.

[Former_Member]

Thank you!

I figured that was probably the case, but just wanted to make sure.

[Plektra]

If you use any images which are in the public domain, check and double check that these do not belong to anyone. Sometimes, the links are not working or they are not even included so you can't trace the image back to the owner and maker of the work.

[Former_Member]

Thank you Minerva!

You can never be too sure with images. Might as well double check like you said.

What about if we create our own, but they're inspired by the different animes?

Or would their still be an issue with the likeness of the image?

[WilliamsGiftshop]

Yes, there would still be an issue.
Any obvious resemblance would count as infringement.
Of course you could design something in the anime style, but it could not be based on a particular existing character.