Author Topic: Copyrght violations  (Read 7066 times)

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Offline RiverRockArts

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Copyrght violations
« on: February 05, 2013, 11:15:48 AM »
A question...what does this site do when someone is listing items that are copyrighted?  It crossed my mind when I saw some recent listings that were copyrighted and the  listings did not specify that the seller had the rights to sell them.  I would not want the copyright holder(s) to come against this site because of that.  I don't know if they hold it against the site itself or go after the seller, but I would not want this site to be at risk because of someone listing items that have been copyrighted by others.

Offline Blue Highways

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Re: Copyrght violations
« Reply #1 on: February 05, 2013, 11:18:50 AM »
I sorta wondered that same thing. I don't use licensed fabrics for my books for that reason. I have a friend of mine that makes critter cage liners from fleece and Etsy told her she had to remove all the ones that were infringing on copyrights

Offline RiverRockArts

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Re: Copyrght violations
« Reply #2 on: February 05, 2013, 01:06:11 PM »
I have seen many items on Etsy that are copyrighted, and they don't seem to be doing anything about them.  I have seen items on this site that are copyrighted too and wonder if the sellers realize they can't sell the items unless they pay for a license from the copyright holder.  Not everyone realizes this, especially the hobbyists that are not running a business. 

Offline beadthing

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Re: Copyrght violations
« Reply #3 on: February 05, 2013, 08:47:32 PM »
Are we talking about like Disney characters etc.  Just curious.  I have seen others sellling photographs that belong to other people and wondered if that sort of thing is copyrighted.

Offline RiverRockArts

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Re: Copyrght violations
« Reply #4 on: February 06, 2013, 06:51:54 AM »
From what I understand, the law says that the person who took the picture is the automatic copyright holder, but to really protect them, some photographers may get their pictures copyrighted. 

The Disney characters used on fabric, drawings, etc. are copyrighted by Disney, and they take that very seriously.  I have read that Disney will come after someone with the big guns if they use their copyrighted material.  They are not one to cross.

Offline trusk4u

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Re: Copyrght violations
« Reply #5 on: March 09, 2013, 11:32:32 AM »
It's a tough one that's for sure. Best to not mess around with it. I have one seller in my store who had to remove her "Pandora" style bracelet from her Etsy shop for that very reason. Nothing about it is pandora. I recognized the beads from Michael's.  I guess that company is really coming down on anything that even remotely resembles their bracelets. I won't be making them because I DON'T like them.

Offline CherokeeLodge

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Re: Copyrght violations
« Reply #6 on: March 16, 2013, 07:16:54 AM »
I've found that usually they only remove items when the rights owner tells them to.  Otherwise, they claim they really can't since they aren't the rights owner.


I know it doesn't make sense because it does violate copyright laws.   And you can't sell anything that's against the law to.  ::sigh::

Offline MainelyNaturals

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Re: Copyrght violations
« Reply #7 on: March 19, 2013, 03:54:17 PM »
I have often wondered about that too. There are many sellers on Etsy using copyrighted material. Search for bottle cap images and you will find any cartoon figure out there- on Ebay too. I made pokemon and littlest pet shop ones for my kids school fair- but did not sell them.
A few years ago I had to have someone stop using MY trademarked biz name.
I would think the company would go after the seller- not the website. But there should be a clause somewhere to protect the owners from the sellers not following the law.

Offline CherokeeLodge

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Re: Copyrght violations
« Reply #8 on: March 21, 2013, 09:34:14 PM »
I could have sworn that there was a blurb in their TOUs that states that as a seller, you hold Etsy harmless for anything you sell on their site.

Offline Larissa

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Re: Copyrght violations
« Reply #9 on: March 21, 2013, 11:33:03 PM »
Here's the thing about "hold harmless" clauses.  They're just contracts between the seller & the venue.  So here's what happens:

Seller lists copyrighted material.
Copyright holder hires attorney.  Attorney sends cease & desist and probably demands payment for use.
If seller doesn't comply, attorney sues on behalf of copyright holder, and because attorney has to do his job properly, he sues the seller AND the selling venue - and rightly so.  The contract between the seller and the venue holds no bearing over a third party (the copyright  holder and his attorney).
Selling venue has to hire an attorney to defend itself, and invokes the "hold harmless" clause, filing a third-party complaint against the seller as a third-party defendant as well as a defendant in the initial action by the copyright holder.

So what you're likely to end up with is:
Copyright holder vs. seller & venue AND
Venue vs. seller

And the venue may very well win against the seller.  Meanwhile its expended time, energy, and money defending itself.  Seller may even have to reimburse venue for expenses, but the venue will never recoup the time spent.  Plus there could be negative publicity.  Plus, even with a judgment against seller, it doesn't mean the venue will ever actually see reimbursement if the seller is your average, small-time, less-than-wealthy individual.

So it actually behooves the venue to do its best to stop its sellers from carrying such items.

Offline YankeeBurrowCreations

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Re: Copyrght violations
« Reply #10 on: March 22, 2013, 12:25:19 PM »
they way I look at it, it is not only illegal, it's immoral...just not the right thing to do...so I never purchase anything that may (or may not) be copyrighted.  I am also very careful with the patterns I use that I am released to sell the finished product, and I give credit in the description.
Debbi

Offline Beth

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Re: Copyrght violations
« Reply #11 on: March 22, 2013, 08:44:49 PM »
You know, it is very tough at times, even in the card making business.  Just recently, I bought some single sheets of paper online because I loved the images on them.  When they arrived and I really LOOKED at them, I discovered they had Secret Garden on them, so can't use them except for personal use.  (Christmas gifts I guess)


When I first started making cards, I would buy paper I liked and thought would make nice looking cards.  I sold many before learning about Angel Policies companies have.  So I have lots of books of paper I cannot use to make salable cards...kind of sucks.


Angel Policies are a bear.  Some are lengthy, some are cut and dry while others have a huge gray area that could go either way.  I try and read them, if they have a policy, before making anything.


Offline Larissa

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Re: Copyrght violations
« Reply #12 on: March 25, 2013, 11:56:21 PM »
Angel policies?

Offline CherokeeLodge

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Re: Copyrght violations
« Reply #13 on: March 26, 2013, 07:23:07 AM »
What just made sad is I logged in to see all the products under recently listed were copyright infringements.  Well known characters from well known movies.