My Art Print Listings keep being taken down fro Creative Standards

[KatandKoStudio]

I was hoping someone might have some advise, I have a store selling art prints, recently a few listings have been taken down each week and I have no idea why? We print our own art prints, I am very worried that the more that get taken down I'm going to be suspended and I don't know why?

I have sent 4 emails to ask someone from Etsy to please advise me what the problem is and got one response from  Etsy that it was "tricky to know". They have also stopped responding which is dissapointing.

If they don't know, how am I meant to know!

Has anyone any advise please, is it the photo, or something I haven't put it?

Thanks in advance.

[GlassyFields · Accepted solution]

these look like famous art works that you are printing on nice paper.

I see that one of your listings, says 'made by' which to Etsy may imply that it is an artwork created by you. 

I'm not sure how you would list a famous painting that you have printed ... it doesn't seem to fit Etsy's made by, designed by or sourced by categories very well.

I'd first make sure that any prints you are selling are in fact in the public domain and then experiment with different ways of listing those using Etsys new categories. There are a lot of details in the category section and you may be able to find a combination which is accurate (from Etsy's perspective) for your listings. 

The one's that were taken down may provide a clue to what is triggering the take-downs.

and seeking Etsy's help, send ONE message/email and then keep responding with 'I still need help'. Each new email puts you at the back of the queue.

[KatandKoStudio]

Thank you for your reply, I've had a look at other big sellers on Etsy selling famous art prints and they also say made by themselves as there isn't really anyting alternative to put? We do print them so are are printmaker which is a craft.

[VintageRescueSquad · Accepted solution]

It could be that your images have been stolen. Have you done reverse-image searches? If so, then file DMCA takedowns.

Were any of the deactivated listings infringing on trademarks? Etsy is now pro-actively policing for IP infringing items. You have loads of prints with art and wording that is not in the public domain, so may experience more takedowns.

Etsy Help is outsourced (not etsy employees) and cannot specifically tell you WHY your listings were taken down. That would be considered business/legal advice, which they will not entertain. 

[KatandKoStudio · Accepted solution]

The prints were Paul Klee and a vintage Japanese print of a treeit wasn't infringments but creative standards.

[beadedwire · Accepted solution]

I don't understand how you can sell any of this since you aren't Paul Klee - none of this is your original work.

[KatandKoStudio · Accepted solution]

You can sell famous people's art work, it's in the public domain. If not why does Etsy have millions of famous art works on their site, it is allowed.

[DigTheDesign · Accepted solution]

I don’t know either but I do see a lot of brands, trademarks and artists artwork. Are you sure that you are compliant with trademark and copyright law on all of them? Owners of artworks and patterns do sweep online sellers fairly regularly and get infringing items taken down. Some even take direct legal action. Not saying you are infringing, just saying you need to make sure.

[KatandKoStudio · Accepted solution]

Thanks for the advise, like i said before this is just for creative standards so I'm trying to find out what that could be, and asking if someone has had something similar happen to them and if they fixed the problem, I don't need advise on if I'm allowed to sell van gogh etc.

[NanaLetha]

@KatandKoStudio  NO, it's not allowed! Lot of Etsy sellers are breaking the law.

[KatandKoStudio · Accepted solution]

The author died in 1940, so this work is in the public domain in its country of origin and other countries and areas where the copyright term is the author's life plus 80 years or fewer.

[BagmakerSupply · Accepted solution]

@KatandKoStudio: You are confusing two different concepts - what can be legally sold and what can be sold on Etsy. Merely printing other people's work does not seem to qualify as 'made by' you on Etsy.

"If not why does Etsy have millions of famous art works on their site ..." Without getting into a discussion of what is fair or right or if your listing should be deactivated, the fact that there are other shops selling similar items only means that they have not been caught yet, or those listings may not contain the same trigger that snared you. Additionally, we will not know how many other listings were deactivated using the same trigger - only those that appear to not have been.

[KatandKoStudio · Accepted solution]

I'm sorry but every single art print shop that prints their own design prints or a famouse art print has:

Highlights

Made by: Etc

Delivery from a small business in 

United Kingdom

Materials: 230gsm matte premium paper

There is no other option for this type of business and it is allowed, otherwise why haven't they taken my whole shop listings down?

[BagmakerSupply]

@KatandKoStudio: "There is no other option for this type of business ..." Perhaps that should be taken as a hint from Etsy.

"... otherwise why haven't they taken my whole shop listings down?" Because Etsy does not constantly check every single listing. There is obviously some sort of sampling in place and your deactivated listings were caught in that.

"... it is allowed ..." Keep in mind that there is a difference between what is legal to sell and what is 'Etsy legal' per the Terms of Service you agreed to.

[GodivaJewels · Accepted solution]

You did not create the prints, other artists did. Babar is a cartoon for kids and that isn't yours either. Don't look at other shops selling these things. Go by the rules here and not what other shops are doing. Expect to get more prints removed.

[nineteen27 · Accepted solution]

You can sell famous people's art work, it's in the public domain. If not why does Etsy have millions of famous art works on their site, it is allowed.

Frida Kahlo is NOT in the public domain.

Andy Warhol is NOT in the public domain.

and the reason there are bazillions of counterfeit art on this site.

is because sellers  list them as handmade.

There is no other option for this type of business and it is allowed, otherwise why haven't they taken my whole shop listings down?

you should take those recent take-downs as a warning to clean up your shop.

[KatandKoStudio · Accepted solution]

You can reproduce art prints after art comes into the public domain, I am not asking about this, it's the new creative element I am asking advise on, but thank you for your reply. 

[FallenAngelBrass]

Yes, it's legal to sell public domain art works, but it is not allowed on Etsy unless you are using those art works in the creation of an original product (like a handbag or a piece of jewelry.)  Simply printing out other people's artwork (public domain or not) violates Etsy's creativity standards.  You did not create or design these works in any way.  That is the violation. 

[LastCentury]

You might own your printer, but you do not own the rights to reproduce a lot of the artwork you have in your shop. Look forward to more takedowns.

Let's ask Yayoi Kusama if she and her offices and the people who license her work are cool with etsy shops using her name & selling facsimiles of her work.

Are all of your YK works registered with the artist?
http://yayoi-kusama.jp/e/registration/index.html

if not, it is all counterfeit.

[nineteen27]

lets add Andy Warhol to that too.

https://www.warhol.org/legal-notice/

[nineteen27]

the trademark owners of frida kahlo.

filed 2 lawsuits in march.

against online merchants...

to stop the unauthorized reproductions.

of Kahlos likeness and art.

https://www.artnews.com/art-news/news/frida-kahlo-corporation-lawsuits-amazon-sellers-trademark-infr...

some interesting reading:

The company, which owns the trademark, has demanded that Amazon vendors either relinquish all profits allegedly made from her counterfeit image, or $2 million “for each and every counterfeit use of the asserted trademarks,”

[CraftyCornishMaids]

@KatandKoStudio 

You are using mockups, mockups are not allowed as a first photo

https://www.etsy.com/ca/legal/policy/listing-image-requirements/253962679005

extracts

Use original photos

When creating your listings, you must use your own photos—either photos you took yourself or had someone take for you. These photos should showcase the actual finished product that you made, designed, handpicked, or sourced. By accurately portraying the condition, quality, and quantity of your items, you help build trust with buyers.

Computer-generated mockups may be used in additional listing images to showcase customization options – just make sure your first image is the real deal. 

.....

there is an awful lot else that breaches creativity standards, but mockups are an absolute no-no as a 1st photo

[PrimFun]

Well I doubt Barbar is in the public domain.  And even if it is you did not create the artwork.  So the core details are wrong. 

And are the others your artwork?  I see not about page giving me information about how you create the artwork.  Etsy has found the artwork elsewhere or have your photos been taken,  You need to submit notices to anyone who stole your photos.

[nineteen27]

i did notice.

you removed the frida kahlo items.

plus the andy warhol too.

but.

you also need to remove the salvador dali items.

https://www.salvador-dali.org/en/services/rights-and-images/gestio-de-drets

If you wish to reproduce a work by Salvador Dalí you need to apply for a license to VEGAP, Artists Rights society which manages Salvador Dalí's rights on behalf of our Foundation.

you really should put your shop on vacation mode.

and do easy google searches for the rest of the artists artwork you are selling.

and find out what you can and cannot get licenses for.

all of this should have been done.

before you listed your first item.

[GlassyFields]

When I said make sure the artwork is in the public domain, you have to check each and every one. Sometimes an artwork or the artists entire set of works is owned by his family, estate or someone who purchased the rights. Just being dead for a long time isn't enough to assume that something is in the public domain.

And as it turns out, Etsy rules may prevent selling a print of someone else's work. Sorry if I may have given you false hope.

If you want to sell your prints, make sure that they are in the public domain and sell on a site that allows doing so.