out of luck?

[TreasuresForAQueen]

Today I was looking through search results for Medieval Crowns, I like to keep up with current Etsy trends in Medieval/Renaissance costuming. I came across a new seller who has some interesting looking items but when I clicked on one of his medieval tiaras, I got a nasty shock. The description for his tiara is copied word for word from my listings for my tiaras. I've never had anything like this happen before so I sent him a convo saying hey, I know you've copied my description please remove it and don't use my intellectual property anymore. My question concerns what might happen if he doesn't change his description. From my understand of copyright, I might be totally out of luck right? There isn't really anything I can do to make him change it, is there? Any advice or information would be appreciated. Its just the I like to write very descriptive descriptions and actually put a fair amount of work into them so seeing someone else come along and taking credit for it is disheartening.

[OneStitch]

if he doesn't, you can get etsy to take it down.

[TreasuresForAQueen]

Really? I had just assumed that they would only do that if he was copying the tiara design itself, not just the description. I will give him a few days to take it down but its good to know my options.

[OneStitch]

no, if he's copying the design, your SOL

if he's copying your descriptions or pictures, then that's copyright infringement

[Former_Member]

I had the same thing happen to me. I sent the person a convo with very definite, but professional, wording and she immediately complied. I was quite irritated, but she did admit that she was just being lazy.

[BebeAndKay]

Lazy is an understatement. What on earth possesses people to do this?

[TreasuresForAQueen]

Through a little bit of investigation, I discovered that he has copied descriptions from other sellers as well. I convoed those sellers with a link to the listings he copied. I then informed him that if he didn't change them within 48 hours, I would report him to Etsy. I've also decided to add a little copyright notice at the bottom of all my listings stating that all pictures and texts are copyrighted. I know that designs aren't covered by copyright unless you have patented it which for jewelry design is nearly impossible but like I sais I wasn't sure about the description.

I completely agree with you Corrine, I just understand what possesses people to be so lazy. I, personally like to write long, flowery descriptions but I know other successful sellers who write very short, bare bones type descriptions. Its not that hard and does take that much longer when listing an item. Heck, he probably spent longer looking for a good description to copy than it would have taken him to write a short one of his own. I just don't understand people sometimes :-/

[livjewellery]

As far as I understand it, as long as the copier changes just one word, he/she is no longer infringing. So if people know what they're doing, they can get away with it. Pictures are more cut and dried.

I am dealing with someone who copies 99% of my descriptions AND parts of my personal profile. Who copies a personal profile - isn't it supposed to be about YOU? That takes laziness to a whole new level.

Sorry you're dealing with it too, Angela.

[OneStitch]

actually, just changing one word is still infringing. Lifting a sentence from the description isn't

[livjewellery]

Really, Steph? Where is the line drawn? I'd be interested in knowing, in case things get worse.

[SassiChic]

Jen, someone took your personal info?! that is so sad. ugh. is it the same person as before?

[livjewellery]

Yep. Isn't it amazing that she's just like me? Why else would she take parts of my personal profile? Must be my long lost twin.

[OneStitch]

There is no exact line.

but if there's a long description, and one sentence is the same, that's put down as coincidence, and there's clauses of "fair use" fair use usually meaning discussions on a small part, or using a bit for a review.

[livjewellery]

Thanks Steph. I'll keep an eye on it. ;)

[BebeAndKay]

Jennifer have you spoken with this person? What do they have to say for themselves?

[livjewellery]

Corrine - yes I have, and I'd say more but let's just say that this is a large team and leave it at that. :)

[BebeAndKay]

Ah. Convo me?

[SassiChic]

CNN Headline: Jeweler Twins Separated at Birth but Reconnected Through Similar Etsy profiles, pictures, and description

[livjewellery]

LOL!

[ShopGreyweather]

@ Jennifer - I can't imagine why someone would copy a profile...that is a little SWF! Yikes!

@ Sassi - Too funny, you cracked me up.

Now, I will admit to checking out how other shops format their listings to see what I could be doing better or what looks nicer (I have actually learned quite a lot over time), but I draw the line at copying someone's text and item descriptions. That just seems like supreme laziness.