Intellectual property

[StainlessCharms]

I have an item I created and have been selling here on Etsy since 2013. I researched it heavily for several months before I created it to see if anything out there existed and found nothing. Now just this year I see someone else selling an almost identical item only much smaller and for more money. I am in the process of filing a claim for intellectual property infringement but there is a question on the form that states:

"Are educational resources for the intellectual property available online?" 

I'm not sure what is meant by this.

The item is a petroglyph that in itself the image cannot be copyrighted, but the unique way in which I designed the item to look and hang for it's specific use is able to be copyright protected, and is copied pretty much exactly the same.

[hopeandjoystudios]

You need to contact an attorney to see if you have a case and if so how to proceed. As far as "educational resources" I would assume that is a tutorial?

[StainlessCharms]

In the form if you select "No" the the Question nothing changes. But if you select "Yes" it then asks for a website link to where the educational resources can be found. Looking online it talks about "Open Educational Resources" such as text books, educational publications and teaching texts that can be copied and re-used as long as not for profit.

[hopeandjoystudios]

Sounds like if it was published you can't claim copyright? Not sure. Again that's where you need an expert not the forums.

[Amaradorn]

I'm not sure if what you are describing can be protected by copyright. You might need a design patent. Probably best to get some legal advice from a professional.

[digitaldoodlebug]

Yes. OP may have answered their own question saying "itself cannot be copyrighted". Copyright is for original works of authorship. If the IP is the method of making something then it needs a patent. Which protect the specific process OR a design patent (how something looks). However, when I looked into it, it was too late for my product. Must be within 1 year of "invention". 

[StainlessCharms]

As I understand from researching patents in the past, they are mostly for tools, machines, medicines, processes, compositions, chemicals and materials. Copyrights are more for item such as works of art, literary, musical software architecture and "digital images". Once you post something, such as my item digitally on a website, it for all intents and purposes "Is copyrighted" by the original date of posting. 

[digitaldoodlebug]

@StainlessCharms 

That's why it's good to consult legal advice before taking legal action. Copyright does exist the moment something is created, but not everything created is copyrightable. Your photo is copyrighted. You could consult someone specializing in copyright IP to see if your product is copyrightable. 

"Design patents legally protect what an invention or creative work looks like, its shape and configuration, and any specific ornamentation or coloration"

Many creators treat copyright as if it protects ideas (no IP can). IP can get complex fast. For example patterns are copyrighted but what you make from them is not. Most clothing is not copyrightable. 

[hopeandjoystudios]

How Jewelry Is Protected by Copyright Law | Copyright Alliance

[PillowDetails]

Perfect!  This would be considered an "educational resource"

[CreativePhotoProducts]

Hi Mark: First, you should call the Copyright Office (library of Congress) and ask them that question and ask for clarification. Did your design start out as a drawing/sketch or did you make a direct physical piece? Did you apply for copyright of the design, before offering it for sale on Etsy or any other venue ? If you were to speak with a Lawyer, you need one that specializes in Intellectual Property and Copyright.  You need to determine what is the copyrightable about your design.  You should search for a Lawyer or a Law Student who works for or with your States Arts Organization (Pro Bono) and run this situation by them. 

[PillowDetails]

"Educational resources" - in the past, I've needed to file DMCAs to have my stolen pictures removed, and I Googled articles about ownership of photos, and linked articles from law blogs in that section of the DMCA form.

In your case, you might Google copyright laws of artistic items, you said you know your particular unique design is "copyrightable" - so find something official that says that, (or that supports your belief that you can) and paste in that link.

[StainlessCharms]

hopeandjoystudios 

Thank you so much for this. Very last line in the link:

"Based on this understanding of an idea versus an expression, the court found that a jeweled bee pin is an “idea” that the Kalpakians could copy as long as their piece did not infringe upon Rosenthal’s specific design, its expression"

The other shop could have done several things differently in their "design and expression" of the item but instead made it identical to mine.

[SJGriffinArts]

Is it the Toltec Man Petroglyph? If so, nope, anyone can use this image and make anything they want. I've looked at your version, and dozens of versions online and you cannot copyright it. Honestly, I think even if your competitor made exactly the same version, I don't think you'd have a case.

If they were stealing your photos, and exactly copied your description, that would be actionable.

[digitaldoodlebug]

Good point. If the shape was created by someone long ago, then that's not an original work. Not sure if adding the loop at the top would be considered creative enough to qualify as a new creative work. The shape of the man was copied identically from what I see of other sources online. Even one from 2010 talking about a band using the ancient image for their logo.
If someone took mickey mouse and put a loop at the top to attach him to jewelery, it's still the original mickey. And the loop is only a functional use, not artistic. Which is what OP sort of mentioned in first post.