Inaccurate Intellectual Property Violation Notice

[ChelestersCreations]

Every few months I get a Notice of Intellectual property violation banner at the top of my listings.  Always from L.A. Gem & Jewelry, Inc.  There are never any listings deactivated and I never get an actual email from Etsy.    (And there shouldn't be any items that would be deactivated, as far as I can tell).  Is this an AI issue?  Does this happen to anyone else?

[Amaradorn · Accepted solution]

I've heard it's a technical issue (bug). Just check your deactivated listings folder and if there's nothing new in there then it's probably just a bug. Refresh the page and see if it goes away. It must be very disconcerting though.

[DreamerApothecary]

This is becoming a huge problem! I have someone reporting numerous listings over the passed year for intellectual property. Numerous calls to Etsy support and today they assured me it is an actual person reporting my listings. ANYONE can do this with ZERO proof! I have had so many automatically deactivated, no email sent about it, and no way to dispute it. I now had my stars seller badge removed because of it. A listing for fossils was just removed today! It’s only a matter of time that my shop gets removed because someone is being malicious and Etsy is proving NO PROTECTIONS! Something needs to be done about this and people reporting listings falsely need to be banned for Etsy. Period. 

[BagmakerSupply]

@DreamerApothecary: "... Etsy is proving NO PROTECTIONS!" In this case, Etsy has no options - they are merely following the law as it is written. If it is a copyright infringement, you need to follow the procedure spelled out in the law - have you read https://help.etsy.com/hc/en-us/articles/360040496854-How-to-File-a-DMCA-Counter-Notice?segment=selli... ?

If it is a trademark infringement you may need to get a lawyer as the process is vastly different.

[DreamerApothecary]

I never received an email for half the listings removed to file a counter DMCA. I also just tried to report a random listing for intellectual property (I did not complete it- it is a wrongful and horrible thing to do to someone) and as suspected No proof necessary. Just sign the form and submit. This means 2 things- 1- anyone can report with no proof maliciously. 2 Etsy knows exactly who did it. I had a fossil removed today which Etsy support told me on the phone was reported for intellectual property. A fossil- naturally created on earth with zero trademarks or copyright names. 

[BagmakerSupply]

@DreamerApothecary: "... A fossil ..." If it was reported for a copyright infringement, then it is the image (photograph) itself they are claiming ownership of, not what the image is of. If someone takes a photo of you, you cannot automatically use it without their permission because they hold the copyright.

Yes, it is a horrible thing to do and if you follow the requirements of the law (as Etsy has done) you can contest a false take down and go after a person who files a false DMCA take down for damages as they are attesting under oath that the information they provided is true.

[DreamerApothecary]

All of the images are of the actual fossil in my own hand. Literally pictures I physically took of my own hand. This is over a dozen listings reported for intellectual property over the last 6 months. This is clearly a malicious attack and very disturbing and disheartening that it is allowed to happen and can happen to anyone at anytime- not just me.

[DreamerApothecary]

This business is my family’s primary source of income and I can not afford a lawyer. I can’t upload photos here but look at my post on Facebook. https://www.facebook.com/share/p/15oxgoWzk4/?mibextid=WC7FNe 

[BagmakerSupply]

@DreamerApothecary: If you took the pictures yourself then you own the copyright to them and you need to file timely DMCA counter claims to protect your ownership.

The laws may or may not be unfair but are very clear as to the procedures that must be followed by each party (the person claiming copyright ownership, Etsy, and you).

What the picture is of does not matter and is irrelevant to your position or defense in this situation.