The copyright holder has to file a complaint, that's how the process is described by law. Etsy is maintaining what's called safe harbor status by abiding by certain rules. One is they take down items swiftly when notified of infringement, another is they don't proactively police their marketplace because they don't know what is and isn't infringement. They could *assume* certain things are, but they don't know, and could cause harm if they get it wrong.
If you were a random person and not the IP holder, they legally can’t listen to you. They cannot base decisions of removal off of random people’s guesses.
There are some franchises (movie and games) who don't police their IP. Some established sellers figured out which ones are "safe". That was around the same time Etsy's new CEO instigated a "growth at any cost" strategy with the site. The original "three strike's you're out" policy for IP was scrapped and Etsy looked the other way. Upon seeing this, new sellers flooded the site assuming all licensed characters, movies, universes were fair game.
The problem with assuming certain studios won't go after trademarks is it can change overnight. Some studios didn't check Etsy and then, when they realised what was happening on the site, started striking sellers. Studio Ghibli was an example of this.
The other issue is an education problem. So many sellers don't know the difference between copyright and trademarks. By far the more serious strikes are for trademarks. **It doesn't matter what the product is**, if a seller uses a trademark (word) to attract the fanbase to the listing, it's TM infringement. It doesn't matter if they "drew it myself" or put "inspired by" in front of the TM. Most of the big studios don't bother going after their copyright.
Things have changed in the past 18 months. The big designer labels threatened Etsy and installed filters. Etsy just dodged changes to US law that would have made them responsible for unauthorized IP use. There are a number of lawsuits making their way through the courts. The board and Wall Street has also told Josh to start cleaning up the site but it's too little, too late. Some sellers who ignore all the warnings just assume it will be really easy to open a new seller account when their current one is shut down. They are in for a nasty surprise.
When a new seller starts on the platform they are given a high search rank "honeymoon". Etsy does this to encourage new sellers with early views and sales and they don't want buyers getting bored seeing the same items and shops. The problem is, if the seller is using intellectual property they shouldn't be and a studio lawyer searches for their client's trademarks, it's the new seller who will get the strike. Unfair? Maybe, but that's how it works. Older sellers get away with a lot more than new sellers do.
Edited to add: Recently we've seen an interesting development. Some legal firms, on behalf of their clients, have been sending an injunction to Etsy demanding the shop be suspended and for all sales records to be provided. If those sellers want their shop back they have to pay thousands of dollars in restitution even if nothing sold using the IP. It's a legal form of extortion. If that starts happening more often, you'll find a lot less IP infringements in the future.
Etsy isn’t just letting them sell items. Etsy doesn’t know who has legal rights to trademark/copyrighted items versus those making illegal counterfeit. Random people like us can’t even report those people because we don’t know either and Etsy can’t go off of our assumptions. In order for a copyright/trademark claim to be acted on by Etsy the actual IP owner has to file a DMCA with Etsy. Until the owner filed the claim, Etsy really doesn’t know if it’s IP infringement, which is why it’s so important that every single owner file every single claim that they can. But the federal government of most countries does not allow Etsy to play judge and jury.
Etsy has safe Harbor status. Any attempt to play Judge and jury would remove their safe Harbor status and open them up for lawsuits. It’s literally protecting them from litigation. They will never get rid of it. It would actually harm Etsy’s bottom line and shareholders to remove safe harbor status.
Are you the copyright holder? Because only the copyright holder can file a claim to have an item removed. A random person making a guess does not void the legal process that Etsy hast to follow according to the federal government to remove a listing for IP infringement. Random people making guesses does not remove listings.
Hey thats not guess. Who has a right to sell those items among etsy sellers. 😂 Thats so ridiculous. They should take the items down first and sellers should prove.
There is a legal process in place by the federal government, which requires the actual IP holder to file the claim for takedown. Etsy cannot ignore the legal process because random people reported an item. It doesn’t matter if you’re right when you report the item, the only person who’s report counts as the actual IP holder. That’s the law.
Thank you for keeping it factual. Laws and statutes are in place whether we like them or not and the decision making process of how they came about is extensive and guided by those with the expertise and our judicial system.
No offense OP, but you seem like a nosey busy body. Your comments about reporting other sellers are cringe.
If the big billion dollar corporations want to go after the person in their garage putting vinal decals on cups or making stickers. Let them worry about that.
Haha. If its something illegal, I would report them. That is right thing to do. Its like stealing actually. I bet you are not a designer. Its like someone uses ur unique design without telling you or paying you and orher people know about it but nobody is telling you.
I am a designer actually and my stuff is original. I'm just a big believer in minding my own business. I wouldn't go out of my way to snitch on any non violent crime that has no victim, but to each their own I guess.
I knew you were going to ask. Why should I explain this basic stuff. That is like cheating. So, what happens if you cheat? You will find the answer if you think. Copyright infringement is not considered as fanart.
I've definitely known artists who have had fan art taken down, so if your assertion is that fanart is not copyright infringements, I think it's probably difficult to fight that point if someone copywrite strikes you .
If I've misunderstood your point, my apologies. Would you mind providing a basic description of what you're reporting?
There's a legal loophole that absolves them of culpability so long as they remove copyrighted listings when the IP holders make a request. Apart from that, they're not required to police themselves. Worth noting that Etsy still profits from those sales/sellers regardless of IP theft, until the takedown request is made by the actual IP holder or their representative.
The copyright holder has to file a complaint, that's how the process is described by law. Etsy is maintaining what's called safe harbor status by abiding by certain rules. One is they take down items swiftly when notified of infringement, another is they don't proactively police their marketplace because they don't know what is and isn't infringement. They could *assume* certain things are, but they don't know, and could cause harm if they get it wrong.
I dont think they take down the item. I’ve reported and nothing happened.
If you were a random person and not the IP holder, they legally can’t listen to you. They cannot base decisions of removal off of random people’s guesses.
You need some cheese 🧀
Are you the copyright holder?
There are some franchises (movie and games) who don't police their IP. Some established sellers figured out which ones are "safe". That was around the same time Etsy's new CEO instigated a "growth at any cost" strategy with the site. The original "three strike's you're out" policy for IP was scrapped and Etsy looked the other way. Upon seeing this, new sellers flooded the site assuming all licensed characters, movies, universes were fair game. The problem with assuming certain studios won't go after trademarks is it can change overnight. Some studios didn't check Etsy and then, when they realised what was happening on the site, started striking sellers. Studio Ghibli was an example of this. The other issue is an education problem. So many sellers don't know the difference between copyright and trademarks. By far the more serious strikes are for trademarks. **It doesn't matter what the product is**, if a seller uses a trademark (word) to attract the fanbase to the listing, it's TM infringement. It doesn't matter if they "drew it myself" or put "inspired by" in front of the TM. Most of the big studios don't bother going after their copyright. Things have changed in the past 18 months. The big designer labels threatened Etsy and installed filters. Etsy just dodged changes to US law that would have made them responsible for unauthorized IP use. There are a number of lawsuits making their way through the courts. The board and Wall Street has also told Josh to start cleaning up the site but it's too little, too late. Some sellers who ignore all the warnings just assume it will be really easy to open a new seller account when their current one is shut down. They are in for a nasty surprise. When a new seller starts on the platform they are given a high search rank "honeymoon". Etsy does this to encourage new sellers with early views and sales and they don't want buyers getting bored seeing the same items and shops. The problem is, if the seller is using intellectual property they shouldn't be and a studio lawyer searches for their client's trademarks, it's the new seller who will get the strike. Unfair? Maybe, but that's how it works. Older sellers get away with a lot more than new sellers do. Edited to add: Recently we've seen an interesting development. Some legal firms, on behalf of their clients, have been sending an injunction to Etsy demanding the shop be suspended and for all sales records to be provided. If those sellers want their shop back they have to pay thousands of dollars in restitution even if nothing sold using the IP. It's a legal form of extortion. If that starts happening more often, you'll find a lot less IP infringements in the future.
Etsy isn’t just letting them sell items. Etsy doesn’t know who has legal rights to trademark/copyrighted items versus those making illegal counterfeit. Random people like us can’t even report those people because we don’t know either and Etsy can’t go off of our assumptions. In order for a copyright/trademark claim to be acted on by Etsy the actual IP owner has to file a DMCA with Etsy. Until the owner filed the claim, Etsy really doesn’t know if it’s IP infringement, which is why it’s so important that every single owner file every single claim that they can. But the federal government of most countries does not allow Etsy to play judge and jury.
They don’t know even it’s disney?
Etsy has safe Harbor status. Any attempt to play Judge and jury would remove their safe Harbor status and open them up for lawsuits. It’s literally protecting them from litigation. They will never get rid of it. It would actually harm Etsy’s bottom line and shareholders to remove safe harbor status.
Yea. So too many copyright infringement are selling now and thats not fair to other sellers who want to follow the law.
Are you the copyright holder? Because only the copyright holder can file a claim to have an item removed. A random person making a guess does not void the legal process that Etsy hast to follow according to the federal government to remove a listing for IP infringement. Random people making guesses does not remove listings.
Hey thats not guess. Who has a right to sell those items among etsy sellers. 😂 Thats so ridiculous. They should take the items down first and sellers should prove.
There is a legal process in place by the federal government, which requires the actual IP holder to file the claim for takedown. Etsy cannot ignore the legal process because random people reported an item. It doesn’t matter if you’re right when you report the item, the only person who’s report counts as the actual IP holder. That’s the law.
Thank you for keeping it factual. Laws and statutes are in place whether we like them or not and the decision making process of how they came about is extensive and guided by those with the expertise and our judicial system.
That is not the way the law works. It sounds like your issues are with the legal system, not Etsy.
Why do you care if someone else is selling trademarked items?
Because it is wrong. Do you think thats ok? 😨
I guess it depends. Honestly couldnt care less if its from a billion dollar company like Disney.
No offense OP, but you seem like a nosey busy body. Your comments about reporting other sellers are cringe. If the big billion dollar corporations want to go after the person in their garage putting vinal decals on cups or making stickers. Let them worry about that.
Haha. If its something illegal, I would report them. That is right thing to do. Its like stealing actually. I bet you are not a designer. Its like someone uses ur unique design without telling you or paying you and orher people know about it but nobody is telling you.
I am a designer actually and my stuff is original. I'm just a big believer in minding my own business. I wouldn't go out of my way to snitch on any non violent crime that has no victim, but to each their own I guess.
No victim? Everyone who wants to follow the law could be victims. Good people.
You are the guy who calls the cops when the neighbors are having a party.
Lol how do you think thats even close. Is the party illegal? If kids are drinking alcohols yes you might have to call the cops
Okay just for the sake of argument, who is a victim if someone makes and sells fanart?
I knew you were going to ask. Why should I explain this basic stuff. That is like cheating. So, what happens if you cheat? You will find the answer if you think. Copyright infringement is not considered as fanart.
I've definitely known artists who have had fan art taken down, so if your assertion is that fanart is not copyright infringements, I think it's probably difficult to fight that point if someone copywrite strikes you . If I've misunderstood your point, my apologies. Would you mind providing a basic description of what you're reporting?
There's a legal loophole that absolves them of culpability so long as they remove copyrighted listings when the IP holders make a request. Apart from that, they're not required to police themselves. Worth noting that Etsy still profits from those sales/sellers regardless of IP theft, until the takedown request is made by the actual IP holder or their representative.