deactivated

[landex]

Who/how do i get a hold of someone who can fix a problem,,,try to reply to e-mail but came back,,,

Think there mite be some kind of mistake..they  just deactivated a horse coloring page that I do have a license, to sell

anyone..Thanks

[hopeandjoystudios]

You would probably be best contacting the license holder and reminding them you have a license with them and ask them to reverse the removal. Do know that some people sell "licenses" on things or say it is OK for commercial use who are not the original IP holder and their "license" or pemission is worth diddly.

[PlatypusDream]

You didn't draw or design the colouring page yourself?

Then it doesn't qualify to be sold on Etsy.

https://www.etsy.com/legal/handmade

If you simply bought it from someone else who claims to have a commercial license to sell it... that license doesn't transfer to you.  Alternately, they could have stolen it from someone else and are selling it illegally, and the ACTUAL owner is coming after you with a DMCA take down notice.

It is always best to create your own images / items so you don't run into legal issues.

Looking at your "baby basketball player" - it is blatantly illegal with the use of the Nike imagery.  You should pull it immediately as NO ONE but Nike can give you permission to sell it.

https://www.etsy.com/seller-handbook/article/the-ultimate-guide-to-intellectual/22398703823

[Amaradorn]

What did the email say the reason for deactivation was?

[landex]

They said not to share the email,,,,but here is part of it... Our system has deactivated one or more of your listings as a potential counterfeit or unauthorised item, which are prohibited on Etsy under our Prohibited Items Policy.

This is from the site I belong to....I do have to change the image in some way...and I did..it was just taken down just min after listing it,,so don't think anyone is coming after me;-) but the only thing i can think of maybe it was something i added in my tag..but just need to know who do i need to talk to to fix this..thanks everyone for your reply!

 

• Create and upload crafts and graphics to POD sites that are vastly different from the original. This means they have unique distinctive elements that are added by you. See an example below.
• You can use fonts to create quotes, sentences, word art, etc and upload those designs to POD sites.
• Generate unlimited sales via POD sites.
• Ship valid POD products worldwide.

[landex]

As for the ball player  do you mean  the little image on his outfit....is that  Nike imagery I'm not into sports at all,,lol...not sure but got that image here..and not sold any of them, but will check into thanks...

[PlatypusDream]

@landex     Yes, the image on his outfit.

Etsy has a new image recognition software that allows Intellectual Property rights holders to locate unlicensed counterfeits more easily.

Even if YOU don't recognize it, they will.

[EtaGeminiArt]

Even if you change 99.9% of the image, you are still breaking copyright infringement and your design cannot be used without the express written consent of the original artist and even then, not for monetary gain. This is a common misconception. It is probably why your listing was taken down.

[landex]

sweetie the owner of the image  has sold the right to them and gets paid for each image someone buys..   ,unless the image  was stolen from someone  else ..like many do here..and unless it was stolen I do have every right to sell it..if i change it,,the Co where i get these fro image from is just as big as esty if not bigger but thanks....just need to know who to talk to,,lol

[TinTeddy]

But if it is not designed by you, it is not considered "handmade" by Etsy.

[landex]

oh and by the way i pay a monthly fee every month to use the image

[OmasFabricStash]

There has been so many times that someone bought the image and a license to use it. Unfortunately the seller was ripping people off because the image was not theirs to license to anyone. So it was like buy these Disney princess images and for $10 more you can buy a license to make money from them. 
So, we are just making sure you weren’t caught up in one of those schemes. 

[hopeandjoystudios]

The fact that they are telling you to change the image suggests they are not the original IP holder. Why would an IP holder that licensed you to use their image tell you that you have to change it to use it? Some may say you only get to use X times or that you cannot resell the image unaltered..like someone buying digital downloads and then just selling them again as digital downloads or buying clip art and selling it again as clip art..but that just sounds suspicious. Immediate counterfeit takedowns are usually driven by title tags usage...like designer names etc. Again..you need to contact whomever you bought it from and sort it out with them. If they sold me infringing graphics and told me I had license to resell I would be doing a chargeback via my payment processor on whatever order I placed with them for significantly not as described...they sold me counterfeit merchandise.

[landex]

not here to debate anyone  and was not my question...,,,but do have a right to sell the image,unless it was stollen... ,but about the  Nike imagery it may not be Nikie at all,,but someone else and Niki is or was sued..so many people are sue happy,,, according to this link,,,it belong to someone else.. my eyes are bad have to compare when have better light,,

[landex]

oh forgot the link,,lol

https://en.wikipedia.org/wiki/Jumpman_(logo)

[landex]

oh btw many of the creators of many images you see here  on esty,,or also sellers here on esty as well,,which is why we have to change the image in some way

[Amaradorn]

Okay, so they said potential counterfeit or unauthorised item. I think* that means it was deactivated by bots and not directly reported by the IP owner. Which usually means you have used a trigger word (e.g. a trademarked brand name) in your listing (title, description, tags, or even in the image itself). Last time I saw a post like this it was because someone had used a photo prop with the CHANEL logo on it. Was the horse called Chanel by any chance? (I know I'm stabbing in the dark here but stranger things have happened)

* I could be wrong. My assumptions are only based on info I have learned in the forum here.

[landex]

Thank you for your help..not even sure its even a  tigger word..but something wrong..lol

[sharonjenkins1]

Do you have a license for Thomas the Train?

[FancyTogs]

@sharonjenkins1  I assume you are referring to "Thomas the Tank Engine".

Thomas is a tank engine, meaning he has onboard water tanks and does not need a tender. His water tanks are prominently visible as the rectangular blocks to the sides of the cylindrical boiler. Additionally, Thomas has always been an 0-6-0 locomotive. The 0-6-0 means he has 3 driven wheels each side, with no undriven wheels infront or behind.

@landex's listing illustration features a 4-2-0 locomotive, so on each side it has 2 undriven wheels, followed by 1 driven wheel and no trailing undriven wheels. It also has no visible tanks to the sides of the boiler.

Nerdy conclusion . . . the locomotive in the listing is nothing like Thomas.

: )

Lawrence (Clare's other half)

[sharonjenkins1]

@FancyTogs   Well, you must know a lot more about the series than I do.  When my grandson was younger he was obsessed with Thomas.  But I thought the judgement for IP theft had to do if the general public recognizes it as such.  But I’m not going to quibble over something that the seller isn’t going to remove anyway.  Hope you have a great day!

[landex]

not selling Thomas the train..just google the color book image  Thomas its not the same,,,,wow..but do have a license for that  train as well,,Thank you  all for your help..good nite ladies

[sharonjenkins1]

If you do have licenses for these items it is advisable to put all your licensing info into the appropriate listing.  Sure looks like Thomas the Train to me.

[TinTeddy]

There ARE lots of images on Creative Fabrica that should not be sold there because they contain trademarked characters etc. 

If you have a commercial licence to use an image, that means you can indeed sell items made from it... but not necessarily on Etsy.

If you are listing an item as handmade, it must be handmade by you, or designed by you. So if you are selling the image as it is, or with just a little change, it is NOT designed or handmade by you. Therefore, it can not be sold as handmade on Etsy.

But.. you probably could sell it elsewhere if that is what the creator's commercial licence says.

"For Personal Use Only.
We do NOT claim ownership of copyrights for the characters. All character copyrights are held by their respective owners.
But do hold a to sell. "

This doesn't really make sense. Character designs are more likely to be covered by trademark.  If you don't have copyright or the right to use the trademark, that means you can NOT use them. Saying you know you don't have the right is just admitting you know you are doing something you shouldn't.

"But do hold a to sell" - does this mean you have the right to sell them? If so, they are official licensed, so why not just say that?

[hopeandjoystudios]

I don't really see anything in your shop that would be an issue IMO. If you had removals you would have gaps of "this item is unavailable" in your sales or reviews. Yo probably just used a tag that is prohibited or it was a glitch. Unfortunately only Etsy can fix it. contact them and keep replying to emails "does not fix my issue" until you get beyond the canned answers to hopefully help. If they don't email you back I would hold off on that item.