Please help! Copyright query

[Interrobangirl]

I received a message on here from someone claiming to be from Eric Carle Studio saying that I can no longer sell skirts I've made using The Very Hungry Caterpillar fabric. As I have paid for the licenced material, I assumed I would be free to do what I wanted with it. Can they actually make me stop selling them? I've got 3 for sale at the moment and I've only just bought more fabric in order to make some more. I'd really appreciate any advice, I don't know what to do!

[HullStreetStudio]

Most fabrics with characters are free to use at home, not to sell. Check the edge of the fabric or the end of the insert, it usually says what you're allowed to use it for.

I would assume he would know what he's talking about though since it's his character.

[Former_Member]

I wonder why they did not go through Etsy. I had to pull one of my items because it was a copyright infringement. The company alerted etsy and they sent me an email telling me they inactivated the listing because of this and if I felt it was pulled in error, what I needed to do to fix the situation.

So, I am not sure what to think when the company contacts you directly. I guess ask them for their copyright infringement policies and inactivate the listing while you get it straightened out.

[sherrytruitt]

I found this old post: http://www.etsy.com/teams/7722/business-topics/discuss/6868394/page/5 It's about Eric Carle fabric. Look like you cannot sell it.

Most fabric with trademarked characters can only be purchased for home use and not resold.

Some representatives go directly to the seller and not etsy. After all, etsy invokes venue status and really doesn't get in the middle of copyright infringement.

[Interrobangirl]

I haven't replied to the message yet or deactivated the listings, I went straight to Etsy support. Surely me selling these skirts can only benefit their company, I'm paying for the fabric and providing a kind of free advertising for them. I'm really disappointed, I felt like I was starting to get somewhere - this is my USP!

[Former_Member]

Christina, them contacting you was a nice gesture on their part when they can actually sue you, or report you to Etsy, or even try to get your Etsy shop shut down. I would take the listings down ASAP and be grateful that they didn't report you.

[Former_Member]

Cease and Desist letters don't have to officially go through Etsy. Sometimes they do, sometimes they don't. Copyright owners will contact those they need to address correspondence to via the most obvious route to them.

If you are in any doubt to the legitimacy of the correspondence contact the company. In the meantime deactivate the relevant listings until you have confirmation either way and/or a licence to use the material or as appropriate.

A lot of Etsy sellers have received C&D letters from all sorts of companies around the world and not just the big names like Disney and Sanrio but whoever runs the transport system in New York, the BBC, a couple of book publishers etc.

[sherrytruitt]

I don't see how it benefits their company, it benefits you. A company who sells licensed fabric has every right to say that it cannot be resold. When you purchased it for home use, that is what you agreed to.

Etsy won't get in the middle. I'm sorry, though. And it's not free advertising for them.

[Former_Member]

I'm sorry this happened to you. It's not always obvious what you are and aren't allowed to do with certain fabrics. It stinks that you found this out the hard way! The good news is, that your skirts are really cute, and there are all kinds of cute fabrics that you CAN use. But, I agree with the others here, and I would take those listings down, asap. Sorry!

[Former_Member]

Oh, and you can use the fabric that you have (if you can't return it) to make cute gifts for friends.

[Former_Member]

I've just noticed you live in the UK - we have even more stringent legislation here than in the US in some areas plus we are affiliated to the US by international law on copyright (I forget the correct wording for this) so this needs to be looked at.

I used to work on copyright issues on a more or less daily basis in the UK. If the design/image/works/sounds/building/person (ie is not you) etc does not belong to you you need to get permission and in writing. It doesn't mean you can't use it or it will cost you money - you have to ask the copyright holder or at least have a massive paper trail to try to find them. Sometimes it is clear cut and you don't even need to ask e.g. with NASA images, public domain and it says so on their website.

http://www.copyrightservice.co.uk/copyright/p01_uk_copyright_law

[Former_Member]

I agree with what has been said, and also it is not free advertising for them. If I were to find out that my PSP tubes were being used for commercial gain and not personal use I would be very annoyed.

[Former_Member]

Unless they complain directly to etsy, don't bother taking it down.

[KLKingDesigns]

I would cancel the fabric order, or return it unopened. Then file a claim with PayPal for a refund. Send them an e-mail explaining why you are returning it.
In my line of thinking... this IS home use. It's a home-based business. you are not a mass producer. They should be glad to be selling their fabrics.
It's not as if you stole their images and claimed them in your own work. They would benefit allowing limited sewing for sale in this case.
I'd start designing and printing my own fabrics with SpoonFlower.com if I were experiencing this. Only it will cost you around $25.00 per yard; unless you find a similar company that is cheaper.

[Former_Member]

OP - again as you live in the UK, if in doubt talk to your local Trading Standards Office, IPO and alike but until proven OK otherwise take the listings down for your own sake. You don't have to be in the same country as the copyright holder, you can still be prosecuted - see the Berne Convention.

[NiciLaskin]

i do not agree with Emily, sorry, it is a cease and desist letter, if you don't take it down they have grounds to actually close your shop and sue you. sorry this happened to you, if you are not sure, contact the company, sometimes they give you licensing to sell :)

[Former_Member]

Alot of fabric and patterns clearly state that you can not sell anything you make with it. I have seen the copyright warning in large and small print, and we all need to be careful. Check your patterns because I recognize many that etsians are using that could be copyright infringement. Also any likeness of characters, sports teams, etc. My sister in law was stopped in Disney World and questioned about where her girls got their Princess costumes. Since she had made them it was ok, but I know that if she had bought them from someone on etsy they would have investigated.

[starlightwoods]

Eric Carle studios seems like a very reasonable bunch. Think of yourself as very lucky to have been contacted in that way. They could have done much more. I would take it down, and return your fabric. It's a bummer, I know, but seems like a reasonable request.

[Former_Member]

If Etsy were approached by the copyright owner this is their process.

http://www.etsy.com/help/article/482

This another reason why UK/EU sellers need to fill out Seller Information - one of the reasons for it is so that in the event that a notice is to be served that the shop owner can be found easily and quickly (as per the Electronic Commerce Regulations), though of course that isn't the main reason for including said info.

[WintergreenDesign]

I think it was nice of them to contact you directly instead of going through Etsy... Etsy has the ability to completely shut down your shop if they wish for violations... the Eric Carle Studio does not. I understand their point... they don't want his name diluted or thinking that your products have been endorsed by him... so although you may purchase the fabric legitamately you may not use it to create new product for sale to the public. If it were me I would take the listings down immediately and chalk it up to a lesson learned... they may not be so nice if they have to ask you twice : /

[Former_Member]

You could possibly ask to get permission to sell the remaining fabric you have and maybe pay a small licensing fee for the limited use of his images. If he does agree then you should have it in writing though.

[Former_Member]

OP - if you bought the fabric from an UK/EU seller and haven't used it and it is fit to be resold you can return it. Check their returns policy, the minimum under DSR is buyer returns within 7 days of receipt and they (buyer) pays the return shipping. No policy stated then you can return within 3 months of purchase and they have to pay the return shipping. All other sellers have something in between that e.g. a month and you pay the shipping.

[TheDarkFen]

Christina from Interrobangirl says
I haven't replied to the message yet or deactivated the listings, I went straight to Etsy support. Surely me selling these skirts can only benefit their company, I'm paying for the fabric and providing a kind of free advertising for them. I'm really disappointed, I felt like I was starting to get somewhere - this is my USP!

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I don't mean any offense to the OP. But if this is your livelihood then why did you not research your materials? Almost all printed fabric will be copyrighted. As you cannot just go and make Amy Butler fabric purses if you feel like it, because Amy Butler owns the rights to the design and the fabric itself most likely.

When I first started on Etsy I made a pair of earrings I had named "Moulin Rouge". I was alerted via Etsy to remove it because it was in violation of the TOUs and that they had been informed that I was using their name to benefit myself. I did an Etsy search for Moulin Rouge, and found hundreds of things. So I was mad that only I had to take mine down. At the time it made no sense. But I also don't know how many other people got those messages either. It's a live and learn process. But I'd stick to public domain (what do they call it in fabric world?) materials and possibly look into designing your own. There are a lot of places that will print your designs to fabric now. I've even seen commercials on tv for it.

But uh. anyways. good luck? :P

p.s. for the record you also cannot use fabrics for disney or sesame street or new kids on the block... etc..

[Zehland]

"Can they actually make me stop selling them? "

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Um. Yes. And they can do a lot more too - under copyright law, they can sue you for infringement. Take them down and chalk it up to experience, is my recommendation. A hard lesson, I know, but it will be better for you to comply with the law.

[Interrobangirl]

Ok thanks guys, looks like I have no choice but to take them down. It's sad but I guess you're right, it could be a lot worse. I can't return the fabric I've already purchased, I'll have to give the skirts as presents now I suppose.

Thanks for all the advice,

Christina