Copyright problems for me....

[Former_Member]

I was on another team, apart of another harmless fun thread about my new banner, when another seller warned me politely about my products which represent Harry Potter, Toy Story, etc. My designs for the buttons are 100% original, and I do not use official photos of the movies, series, etc. I still put in my listings no copyright infringement, inspired by the likeness of so and so...but I am still wondering: Could I ever be on the brink of getting one of those dreaded letters from Etsy about copyright just for the titles? I know many sellers on Etsy which use official photos/etc from movies, that rarely get in trouble...

Can I please have your guys two cents? Any suggestions? Thank you so much!!

[badgebliss]

I stay right away from any brand names (Toy Story etc) the fact that you are using those titles is a problem to begin with. I just don't to be the one to get that letter - which won't come from Etsy but the company that has that product.

[Former_Member]

Thank you Kate! I am concerned about using the titles, but almost everything is copyrighted these days. I'm not how much I can avoid, but I'll figure it out for the future.

If I may ask, do you use public domain images? I am going to be making more generalized items for the future, so I'm just curious. :)

[Former_Member]

I am unsure as to how it all works, I bought winnie the pooh images from an etsy seller, and made buttons, is that copyright?

I had a button in my shop " That's What She Said", and I got the letter, etsy had removed it. But other shops sell the same button, so I am confused by it all?

[Former_Member]

That's what I'm confused about too, Bonnie! I see hundreds of stores not only Etsy but elsewhere who use official images for pinback buttons/magnets, and they never seem to have trouble. I'm a little bit more confident because the designs are my own --- but I can't really sell them without using what the title truly is...

[Former_Member]

Bonnie: I don't think anyone has copyrights to "That's What She Said" or else bros everywhere would be short a LOT of cash right now. It sounds pretty unfair that only you received the letter!

Katy: From what I've heard, there isn't really a solid and consistent answer about which sellers get letters, regardless of how similar their items are to others. It's usually the same few companies that send letters though (such as certain video game companies, the biggest children's entertainment company, and comic book companies). They are NOT fond of fan-made products for sale and will ask you to remove your items.

The fact that you're staying away from official images (especially logos!!) and making your own designs puts you in a "safer" place though. Fanart kind of sits in a grey legal area where it's mostly left alone unless people are getting hurt. If you do get a letter, just comply with their request and they'll have no reason to contact you again.

[Former_Member]

Thank you SliceofOrange so much for clearing that up! On a few other boards I was sorta getting mixed messages. :)

[Former_Member]

Bonnie: I forgot to cover your question about the Winnie the Pooh designs! Did the seller of those Pooh designs make the art themselves, or were they just taken from or modified versions of licensed images? I'm pretty sure profiting from licensed/copyrighted images is a copyright violation if you aren't Disney. If it's Winnie the Pooh fanart, that gets a little hazy...

Katy: I'm glad that helped. I'm no lawyer though, it's just what I've heard from other sellers, so still be cautious and avoid treading on any feet!

[Former_Member]

Keep in mind that short words and phrases and song/book titles can NOT be copyrighted... however they CAN and often are trademarked. Before you stick a phrase on a button, you will want to go to the trademark search and make sure it is not already registered. Here is the link: http://tess2.uspto.gov

@bonnie - As a note, "Thats what she said" has 6 live registrations covering just about every possible usage. That would be why you received the C&D letter.

[hornandcastle]

You might be somewhat "safer" not using official images, but you are still using someone else's intellectual property for your own profit, and also using the likeness of Robert Pattinson and other actors.

I know there's tons of people on Etsy using copyrighted images, and Etsy won't do anything about it unless they are contacted by the copyright holder.

So while you may not ever get caught, it is possible things could change in the future. Companies might start cracking down on small sellers, or they will start making Etsy police stuff like this. Why risk building a business selling copyrighted stuff and risk losing it all? You appear to have talent... if you come up with your own designs, then you get to be the one sending cease and desist letters :)

[Former_Member]

Thanks, Joshua Zuver: for the link!
Thanks, hornandcastle! I am going to try to veer away from more trademarked items, and build more items and designs which are my own. :)

[Former_Member]

Katy - I think the issue for is more trademarks that copyright, since you are making your own designs. "Team Edward", "Hogwarts", all those are trademarked terms and can get you into trouble.


Bonnie: Actually, yup, the term "That's What She Said" and "TWSS" are trademarked, which is probably why your design got taken down: http://tess2.uspto.gov/bin/showfield?f=doc&state=4010:qnt45o.2.8

[Former_Member]

Copyright is so touchy. It depends who's characters your using. Most company's will see it as free advertising. But, be sure to be doing more original stuff then fanart! I do allot of fanart, but I'm leaning more into allot of original.

Realistically, chances of receiving that letter, slim to none. Still, a chance!

Brann :)