Need for Fairness in Handling Infringement Claims - Let's Unite for Change!

[PersonalizedbyQueen]

Hello Fellow Etsy Sellers,

I hope this message finds you well. Today, I'm reaching out to the community to discuss a concern that has recently affected not only my shop but potentially the integrity of our marketplace as a whole. It's about the process Etsy uses to handle infringement claims and the immediate action taken to close listings based solely on these claims, without concrete proof.

Recently, my listing was shut down following an infringement claim by someone outside of our Etsy community. This action was taken without any solid evidence to support the claim. As sellers, we understand the importance of respecting intellectual property rights, but it's equally important that our rights and our hard work are not undermined by unverified complaints.

This situation has led me to believe that we, as a community, need to come together to discuss how we can encourage Etsy to implement a more balanced approach. One that protects the rights of copyright and trademark holders, while also safeguarding sellers from unjust accusations that can unfairly impact our livelihoods.

Here are a few points I believe are worth discussing:

The necessity for Etsy to require more substantial proof from claimants before taking action against sellers.
The potential for a more transparent dialogue between Etsy, the claimant, and the seller to ensure that all sides are heard and that fair decisions are made.
Strategies we can employ as a community to advocate for these changes, ensuring that Etsy remains a platform that supports and protects its sellers.
I invite you all to share your thoughts, experiences, and any suggestions on how we can collectively address this issue. It's crucial for our voices to be heard, and together, I believe we can work towards a more just and supportive Etsy community.

Thank you for taking the time to read and contribute to this important discussion. Looking forward to hearing your insights and ideas.

Warm regards,

PersonalizedbyQueen

[OmasFabricStash]

Etsy was probably given a legal order to remove the item, they have no choice. The problem is between the seller and the company that filed the claim. Etsy has nothing to do with anything except to do what they were told to do. 

[digitaldoodlebug]

Etsy follows the laws set in place. Many times frivolous or wrong claims are made but that is for a court to decide. Etsy is not a court so they can't take any evidence into consideration. 

When someone files a DMCA they sign to this "A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifier is authorized to make the complaint on behalf of the copyright owner."

In order to add a trademark there are 3 options. Already registered, pending registration, or another basis to claim rights. Copyright does not need to be registered to claim it.

[PersonalizedbyQueen]

Ideally, Etsy could adopt a similar approach to Amazon's to better safeguard seller rights. It's clear that the claimant is a competitor attempting to undermine me and other sellers, which is unfair. Since the design is my original creation and I customize orders using customers' photos and names, it doesn't infringe on copyright laws.

[VINTAGEbytheMAGPIE]

This isn' t an Etsy issue as such.

 Etsy are legally obliged to follow the law when they receive a report, which is what has happened here. Legally it is then unto you to dispute this. I'd head to the help centre to find out how this all plays out.

[EccentricHandbags]

I agree that the system is a guilty till proven innocent one that doesn't even require the accuser to have any idea what the items in question are.  They can be filed in the thousands and the whole "under penalty of perjury" thing is pretty much ignored.  And allowed to be ignored.  It is set up to make it mega easy for those that file the claims and pretty much stomps on the rights of others.    

[FallenAngelBrass]

ChatGPT should be better acquainted with the standards and practices of how IP infringement is handled in marketplaces.  

I'm wondering if you asked ChatGPT about your own IP usage.  Did it recommend that you either obtain licenses or refrain from selling copyright and trademark protected products? 

[PersonalizedbyQueen]

Thanks for bringing this up. Just to let you know, I'm already on it and working with a lawyer to make sure we're doing everything right. We're trying to sort everything out legally and fairly.

[Marmalady]

Etsy is doing what it is legally required to do -- ie remove listings on receipt of a DCMA request

After that it is upto the claimant and recipient of the takedown to argue the rights and wrongs of a case between them --resorting to a court of law if necessary.

Etsy cannot and will not make any judgement as to the validity of the claim.

To make any change to how Etsy handles IP infringement take-down notices you will have to campaign for a change in international IP law.

[PersonalizedbyQueen]

I do not think you understand the issue

[BagmakerSupply]

@PersonalizedbyQueen: "The necessity for Etsy to require more substantial proof from claimants before taking action against sellers." Unfortunately the applicable laws and regulations say exactly the opposite, giving a site like Etsy NO options unless they want to lose safe harbor protections. You should do some research about the infringement process, particularly how to fight a false claim with a DMCA Counter Notice in order to protect yourself.

[audreytherese]

I also don't believe they have any comprehension of the sheer volume of staffing and training it would require to implement such a thing (if even legally possible, which I highly doubt, all things considered)

[AnchorRoadVintage]

If you believe an item of yours was removed in error according to the law, then you can file a counterclaim, at which point the owner of the intellectual property can sue you, and if they do not within (I think) 10 days, you can ask that it be reinstated. I would only choose this option if you are rock solid in your position that no other party is the owner of whatever it was you used.  If it were me, I would move on. 

[OwlAlwaysKnit]

It is hard to sympathise when you do have blatant infringement in your shop. You may want to remove that listing.ASAP

[printableartworkzone]

Just so you know, Etsy does not care about what sellers want. If you go way back and look at the forum posts from way back, there are issues that still exist today. Your concern and issue happens to be one of the ignored problems.

[hopeandjoystudios]

What was removed?

[PersonalizedbyQueen]

custom photo shirt

[sharonjenkins1]

“Go Taylor’s Boyfriend” ??

[PersonalizedbyQueen]

no custom photo shirt

[nineteen27]

i looked through pages and pages...

of the reviews and photos of the removed item.

and i have no idea how anyone could file a DMCA for it.

you are using your customers own photos of their faces to put on shirts.

you should file a counter-notice.

[audreytherese]

I wonder if maybe there were tags or something that was using someone's name? 

[bradgoodell]

If the seller was using a photo that was someone else's IP in the listing example photo, the listing could still be infringement.  For instance, used any photo taken by a professional photographer, the IP usually belongs to said photographer.  The photo doesn't need to be of someone famous, or even use the person's name.  It just needs to be someone else's IP.   

Without seeing the entire listing, it's impossible to know.  

[ThePurplePuppy]

@bradgoodell  is exactly correct. When I was showing dogs photos were taken of "wins" by professional photographer. In order to use said photo for advertising (which is exact;y WHY we had it taken) it was required that we have a release from the photographer. There was not a single (dog) magazine that would accept an ad without the release.  When a photographer retired they would generally offer the rights to their photos to the  dog's owner --for a price!

[PersonalizedbyQueen]

I've already taken action, but as observed, my sales significantly increased, and my business expanded as a result. The individual making the claim hasn't replied, and a 10-day waiting period is extensive. Due to this delay, I've had to make the difficult decision to let go of 5 employees because I had to halt sales. I've initiated legal proceedings in response.

[audreytherese]

"Due to this delay, I've had to make the difficult decision to let go of 5 employees because I had to halt sales."

You should probably take this time to make sure your shop is in compliance with everything, both legally with intellectual property and in Etsy's rules, where you are required to list all shop members here.