Account Suspended Due to Etsy's Creativity Standard Violation - Unjust!

[BoomBlush]

I’ve been selling wedding dresses on Etsy for years, with all designs created from scratch by myself and my team. Every photo is taken by us or professionally paid for, and I have all the camera data and original files to prove they belong to us - including behind-the-scenes shots. In 2018, one of our designs went viral (Brittany Snow wore it for her wedding), and since then, we’ve had copycats flooding the internet.

Despite this, I’ve repeatedly had my own listings removed, and Etsy support has been nothing but frustrating. The responses are vague, often citing that our photos are being used on platforms like Aliexpress. While it's true that they steal our content because our photos has gone viral, this is beyond our control. But now, our shop has been suspended - for what? For creating original, unique designs and photographing them in a way that attracts brides to buy from us on Etsy?

You can find our photos everywhere with a simple Google search, and trying to track them all down is impossible. I can bet a large amount of our images have been stolen from Etsy itself. As it stands, Etsy isn’t protecting sellers’ content, allowing anyone to click ‘save as’ and misuse these photos, while only Etsy’s top sellers seem to be flagged and copied!!

We’ve been on Etsy for years, with dresses priced over $2,000 (which I guess generates significant commissions for Etsy), and we maintain a 4.9-star rating. The fact that Etsy can’t do basic research or apply common sense is beyond frustrating. We hold a registered trademark, and yet this new system seems completely broken, with little to no real support.

As a long-standing, trusted seller, being treated this way is unacceptable. I understand that things change, but the lack of real assistance, the robotic responses, and the failure to address the real issue of stolen content - all while accusing me of not designing my own items - is incredibly unfair and disappointing. I wonder why this issue hasn’t reached the media yet, considering how many businesses are affected and in the same situation!

[OmasFabricStash]

Did you file a DMCA to get as many photos removed?  That might help your case, but since your shop was closed I don’t know if Etsy will do anything or not. Do you have your own website to sell from or a shop on Amazon?  Sorry I’m not a lot of help and I know this is heartbreaking. Wedding dresses were always my favorite thing to make. 

[Marmalady]

It is upto you to protect your brand by having your stolen photos removed from other sites.

Etsy has neither the time nor the resources to investigate who stole which photo from whom. 

[greenmelonstudios]

That is only partially true. If Etsy is removing those things and they are providing the proof that they are their creations that’s on Etsy 100%. And it’s 100% in the wrong.

[LeLightFantastique]

@Marmalady Etsy has neither the time nor the resources to investigate who stole which photo from whom.

That is quite possibly true, but they should not be putting sellers into the 'guilty until proven innocent' category.  They should be issuing warnings, even bot/AI generated, and allocating human time and resources to allow sellers to appeal within a set timeframe before closing down their shops.

[ArtDollsbyJD]

@greenmelonstudios   It's on the seller to track down misuse of photos and for the seller to file the DMCA.

The seller has to perform the takedown notices and issue them to Etsy as proof.  Etsy cannot take other information as proof with the exception of a legal signed statement from a lawyer or notary public or anyone that deals with IP. 

[greenmelonstudios]

@ArtDollsbyJD I said IF they have provided the proof to Etsy then it is on Etsy. That statement is 100% fact. 

Maybe you didn't see the word IF in my original statement.

[BoomBlush]

This is a clear example of poor management. If they lack the resources to properly investigate and instead automatically shut down stores that regularly generate revenue - especially those like mine that contribute through Etsy marketing - they’re only hurting themselves in the long run.

[PrairiePrimitives]

@BoomBlush I'll share my favorite analogy (again!). 

When you were a kid, did you have "sandbox rules?" Whoever owned the sandbox made the rules. If you didn't like rules, chances are you went home, maybe crying. 

This is Etsy's sandbox and Etsy makes the rules. There are times that the rules could be more fair or explained better, but the bottom line still is if you don't like the rules, go play (sell) somewhere else. 

If your images are being used on other sites, it's up to you to get them removed. File a DMCA with the seller / site / web hosting company, even if it's Temu or AliExpress or Amazon, etc. If the seller won't take their listing down, chances are the site and/or web hosting company will help you out  because they don't want sleazy sellers on their sites. If you don't have time to do this yourself, I've heard there are companies which can manage your images for you (no personal experience, just something I read ... probably here in the Etsy forums!).

[CustomPortraitArt]

So sorry this happened to you.  Etsy is definitely failing at this.  The worst part is they KNOW by now this is going on and refuse to fix it.

[OneEyeCatStudio]

Because we, as Etsy sellers, are  nothing but churn.

[CraftyCornishMaids]

@BoomBlush 

It's your IP, and your photos, you have to police your own IP.

Letting people steal your photos and do nothing about it, means they are stealing your customers and revenue, and etsy's fees.
And etsy is probably paying outrageous offsite ad fees, to compete against them in google search

You need to to fix it, Etsy can't do the reporting, you have to

You have to report the people stealing by issuing takedown notices on the platforms concerned

make sure you tick dcma/copyright, as some default to IP

This is aliexpress/alibaba
https://ipp.aidcgroup.net/#/ippHome

Temu
https://www.temu.com/uk/intellectual-property-policy.html

Shein
https://m.shein.com/us/copyright-noticeam-a-379.html?lang=us

It's the first picture of the listing only, as that is what is used in google searches etc., and comparisons,

For steeling the pictures, etsy can't stop anyone doing a screenprint, the only way to protect yourself, is to check and issue takedowns.
mine tend to be stolen from Amazon more than here
but theives are everywhere, YOU need to report them, or you can hire a company, and give them permission to report on your behalf

If someone stole your TV, you wouldn't expect the shop who sold it to you, to report the theft, you have to report it.

......

bear in mind, whilst all those copies of your photos are out their, YOU are losing money to people who stole them, as they are stealing your customers away, with your own photos.
Whatever etsy is doing recently, you should have always kept an eye on them, and issued takedowns.

[BoomBlush]

Thanks for the links, but unfortunately, it’s not just Aliexpress and Temu - there are thousands of small individual websites involved. Sadly, this isn’t a real solution.

[PaperButterflyForge]

Boom Blush to get them off the websites:

Do a whois search on the website.  You can file a DMCA with the website provider.

If it's thousands of websites, it does sound like a time consuming process.  

[DigTheDesign]

It is sad to see your business impacted like this. It also shows that Etsy has a fundamental misunderstanding of the clothing industry - that todays couture is tomorrows Shein copycat product - and always has been - so blaming the couture house for being copied is not the right way to go despite what people have said about DMCA and brand protection.

Given all that is happening in Etsy I wouldn’t waste too much time trying to get back on the site. They are flailing around trying to stay relevant and have mostly lost control of who they are and what they mean so you may be better placed trying to find other opportunities that fit your brand. Maybe revisit Etsy in a couple of years when they have figured out what they are going to be and whether you fit that model.

[ArtDollsbyJD]

Well you have that a little backwards.  Most couture houses are responsible for the lower cost items being sold.  It;s the way they make their money.  They don't make it on the couture line.

Clothing in the US is considered a useful item and therefore is not protected by copyright but some design elements can be or they can be patented or trademarked.

Hence that is why it is up to a seller to keep track of their IP property. 

[BoomBlush]

I totally agree - such poor management, and honestly, I don’t see them staying afloat long-term from what I’m seeing in my industry. Etsy brought in some decent traffic, but I’m not desperate to come back. I’m just glad I’ve got my Shopify store and a solid social media following

[TastefulArtisan]

@JDTotesnDolls

"Clothing in the US is considered a useful item"

*snort

I would hope so and in some cases grateful that clothing is useful.

Not body shaming, I know I look a whole lot better with my clothes on than not. lol

[ArtDollsbyJD]

If you file to have your photos removed then send that information on to Etsy. Does the professional photographer sell the photos to others?  Unless you specify that the photos are yours, they belong to the photographer who can do as they wish with the photos.

As to copying of clothing, under copyright law clothing is considered useful and therefore not protected. However if you had a particular design or way of making the dresses you could see if you can register which would offer you some protection.

Copying dresses is going to happen and many couture houses have their own less expensive line of clothing based on their lines.  With clothing it is much harder to protect/defend considering how clothing is viewed.

So pursuing the use of your photos by others and issuing removal requests may be your only way to get your shop back.

However you may want to look at other options to pursue but always with in mind that copying is rampant everywhere.

A recent article showcased a designer from down under that had a signature dress only to have that design stolen by a big name celebrity.  The cost of trying to defend was going to be so outrageous that she decided she could not move forward to defend her creation.  

[LillyRoseStories]

The best advice was given to you by @DigTheDesign. Filing a DMCA notice if your photos have been stolen en masse is a waste of time. I've already tried it. Photos disappeared from one side, and the next day they reappeared.

[BoomBlush]

They’re stealing our photos, not the designs (though even if they do, I’m not bothered - my clients wouldn’t buy from Aliexpress anyway!). I’d practically need to hire someone full-time just to file complaints every day - I’ve done it so many times, and they just pop up on different sites again! Etsy’s system might’ve had good intentions, but it wasn’t thought through or executed properly. I really wish we could get this issue to management or the media because so many businesses are in the same boat!

[CatsBeadKitsandMore]

@BoomBlush  , 'I’d practically need to hire someone full-time just to file complaints every day - I’ve done it so many times, and they just pop up on different sites again!' 

 Maybe you should hire a couple people that do nothing but file takedown notices so you can  protect yourself.

[GroundZeroCreations]

My opinion here, and it is just my opinion, Etsy should not be removing these listings unless they receive an IP infringement notice from the IP owner. Instead of concentrating on removing listings that are clearly handmade and the property of the seller, they should be getting rid of all the serious offenders on this platform! Again my opinion, Etsy is just doing the easy thing instead of the necessary thing. This is something they give to a machine to process. It seems like no human intervention is used.

Many companies and websites outside of the USA will not honor trademark and copyright infringement DMCA takedown notices. There is no international law/statute that requires every country in the world to do so. And trying to keep up with all the unscrupulous sellers out there that are stealing our IP is pretty much like whack a mole. 

[BoomBlush]

Absolutely agree with every word. It feels like talking to a wall, with no real human behind this platform. They had a wonderful IP infringement system that we used regularly, as other Etsy sellers constantly stole and reused our photos, and Etsy did a great job protecting our brand WITHIN the platform. But with this new "creativity" policy, something has clearly gone wrong. I just wish there was a way to reach the higher-ups and show them this - if they even care at all.

[Marmalady]

@GroundZeroCreations 

The OP's items were not removed because of suspected IP infringement on her part.

They were removed because Etsy found the same photos being used around the web --especially on Aliexpress, Temu etc and suspected her of re-selling -- a totally different ballgame. Other sites were infringing on her IP

Sellers need to be proactive in checking that their photos have not been stolen and issue DCMA notices if they appear on other sites.
If, for whatever reason, sellers do not do this, it is more difficult to contest listing removal