Etsy Copyright Infringement. Is Your Shop Breaking the Law?

[@beccag2758]

So... it’s really just a roll of the dice if you get copyright infringements? Because I swear half of the stuff on Etsy is Fandom related stuff!

[@desiree1433]

I feel like Etsy is packed full of Disney art. I can see it both ways. If I had created something and someone was selling it and making money on it would suck but then again I love some of the art I see of Disney stuff that people do.

[@kelvinameer8678]

instablaster...

[@kurapikakurta4985]

I had a few earrings that i made from different shows, and i claimed that they were inspired and i never claimed it as my own work. Etsy took down a ton of my items. But i see hundreds of sellers getting away with it

[@simondavid6970]

I got suspended on my copyright infringement account , this got me so depressed not until I got recommended to *ZELLHACK* on instagram who successfully got mine reactivated perfectly

[@irenicrose]

A few months ago my shop got striked so I removed any anime related artwork, but kept my non anime designs up there

[@linkdavid]

Most items on Etsy are counterfeit or unauthorized, so many starving artists getting burned, how do they get away with it?!?

[@ktktoo8462]

This stuff makes my head spin. If I type in HAUNTED MANSION on Etsy right now there’s almost 17,000 items for sale, most related to Disney’s Haunted Mansion. “Haunted Mansion” is a copyright for Disney. But does that mean EVERYTHING Haunted Mansion related is copyrighted? Like a decal of the wallpaper design? Or the phrase “Foolish Mortals”? I don’t understand how anyone figures out if they can/should sell something if there’s no clear cut way of knowing what’s fair game and what’s not😅 I just wanna understand😭 And I don’t even have an Etsy account😅

[@stephaniearamburo5096]

Great info... I know this is a couple years old, however I see a crazy amount of people constantly selling Disney, Louis Vuitton, etc. and I'm so confused how they are not getting in trouble.

[@smellsfishy5187]

Created my etsy shop yesterday with a few disney themed printable arts and got copyright strike email. I had NO idea i cant use brand names but yea I’ve seen few shops doing what i do without a problem, guess they are lucky or etsy is profiting good amounts from them probably

[@ohyesitsyouagain]

Seems impossible to even start a business, because everything’s been done already. Like if I wanted to make an apple cinnamon candle, it’s been done a million times. Feels hopeless.

[@solumefood]

Have you seen the bread isle????

[@noahsark3885]

that doesn't mean you cant find a whole seller of candles and brand as your own name, and possibly make the brand name and logo, even the candle itself a lot better than other company's products. just posting this comment for anyone in the future that may be reading your comment.

[@Kevin51611]

Etsy banned me over repeated copyright offenses; but there are plenty of shops that are violating it as way. I guess they don’t mind copyright, but only take action when someone complains.

[@ilyasfadili7277]

please when you banned how you can create another account ?

[@Fobius8]

ilyas fadili check Etsy Stealth

[@beratmert1923]

Regards, I received an e-mail from Etsy stating that I violated rights. It is also stated that I cannot withdraw a certain part of my income under the name of Etsy Reserves. I immediately deleted the product from my list. The e-mail of the complainant was also sent. Complainant suing me etc. is it in question? What am I suppose to do in this situation. I did not make any sales from the product, I removed the product as soon as the mail came. I will be glad if you return, thank you in advance.

[@leirumairomat5918]

@@beratmert1923 what happened,did the email sender sue you?

[@LadieBjj]

I wouldn’t do it. You could get caught as get sued. There is tons of Etsy shop owners that got into trouble

[@ellona3645]

Someone just wrote me a letter if I could take down my listing cause the design/art style is "similar to hers" and she thought I copied it from her that it might affect her sales. -_- .....

[@photios4779]

Nobody can copyright a "style." This is a long established precedent in copyright law. Let me quote from an American court ruling: "The law of copyright is clear that only specific expressions of an idea may be copyrighted, that other parties may copy that idea, but that other parties may not copy that specific expression of the idea or portions thereof. For example, Picasso may be entitled to a copyright on his portrait of three women painted in his Cubist motif. Any artist, however, may paint a picture of any subject in the Cubist motif, including a portrait of three women, and not violate Picasso's copyright so long as the second artist does not substantially copy Picasso's specific expression of his idea." ( Dave Grossman Designs v. Bortin). Also, independent creation is not copyright infringement. There are many millions of artists, crafters and designers in this world. It is inevitable that people are going to independently create stuff with a similar "style." Courts are well aware of this, which is why they look for evidence of actual copying that goes beyond what can be explained by coincidental resemblances in copyright lawsuits. So if you create your own original art that is solely product of your creative imagination and never rip off other artists, you shouldn't need to take down your listing. Perhaps you could reply to her letter by educating her about how copyright law actually works.

[@drwho9319]

Your trying to make a living with your passion and here comes someone who is making sales already trying to shut you down, so no one else gets sales from anything in similar medium. People can be greedy

[@beccag2758]

I’ve heard of nutters doing this to art influencers too. Not even selling the art, just videos of them making art

[@beratmert1923]

Regards, I received an e-mail from Etsy stating that I violated rights. It is also stated that I cannot withdraw a certain part of my income under the name of Etsy Reserves. I immediately deleted the product from my list. The e-mail of the complainant was also sent. Complainant suing me etc. is it in question? What am I suppose to do in this situation. I did not make any sales from the product, I removed the product as soon as the mail came. I will be glad if you return, thank you in advance.

[@leirumairomat5918]

@@beratmert1923 hi what happened to the email notice?

[@HannahTran1]

Can I take a picture of a coconut and make a sticker out of it to sell or would that be a copy of soemthing on google lol cuz all coconuts r the same

[@rebeccaledford8202]

Copyright is automatic when the work (pattern, design, art, written work) is completed. Filing the paperwork just gives you additional rights in court, like attorney fees. But you are wrong that if paperwork is not filed it is not copyrighted. If anyone is confused about this, if you didn't make it, or don't have a license agreement to use it, any challenge will cost you more than it is worth to fight. Trademark is different and more broad in coverage, as with your Twilight example. By using their property to promote your product, you were asserting a relationship with the property, which is a trademark infringement. "But other people do it and get away with it" will not convince anyone. Your business, you are responsible for everything you do. If you are unsure, consult an intellectual property attorney, it is worth the money to protect your business, your assets, and everything else you cherish.

[@chniwlasanaa29]

What about selfmade digital products ?! How can we protect them from being stolen ?!

[@abigailluu6674]

If anyone could give me their input on my dilemma, your advice is appreciated. Also, I planned to sell on my own website, not Etsy. :) I want to start a small business selling “fan designed” anime fashion to contribute pride and confidence to the anime community. It’s not just about making some extra money from a side hustle. I want to expand the anime fashion experience, so fans can be proud to express anime culture. I don’t want to “drop-ship” shirts that are already made. I want to design my own graphics in my own art style/theme. I don’t condone in art theft, so I’ll never steal official art works and slap it on a shirt. And I, of course, won’t claim the character or show they come from. I was so excited to start planning out this business and getting around to design some clothes, but these copyright laws are preventing me from doing so. I don’t want to waste time, energy, and money solidifying my business only to risk getting sued for copyright infringement in the future. I’ve recently started thinking about copyright laws surrounding selling anime merchandise, so I’m quite ignorant on this matter. I know the straightforward answer would be: just don’t do it. But want to give back to the community I grew up in. And share my fashion and art to people who will appreciate it. My research on this matter has been fruitless. Most results say to reach out to the companies/owners of the anime to gain permissions to use the assumed-copyrighted-characters. But that’s usually to resell (drop-ship) merchandise from other stores. And other results talk about the legality of selling fanart. Which, in a way, has some relevance to my problem. But it still isn’t really helpful since an art print is obviously different than a shirt or hoodie. How are these other small online businesses selling their “hand designed” merch without getting sued for copyright infringement? (Ex: HYPLAND, Sugoi Mode, etc.) I know that these businesses don’t need to prove that they have a license to sell their anime merch, but still... You’ve made it to the end of my LONG comment. Thank you so much for taking the time to read it. Your help, input, and advice is gratefully appreciated.

[@graveraider1029]

So what do you mean, like are you making a art design inspired by lets say Soul Eater? and then putting it on a shirt?

[@abigailluu6674]

@@graveraider1029 | When designing T-shirts, yes. I’ll basically be putting my original fanart on the shirt. But I won’t plagiarize any official art that’s already made. For more insight, my store wouldn’t have just printed T-shirts or long sleeves. I’ll also be designing things that’ll resemble a character’s original clothes, but styled to fit everyone’s wardrobe aesthetic. For example, I wanted to create a leather jacket inspired by One Piece’s Katakuri. I also wanted to design sweatpants/sweatshirt set inspired by One Piece’s Trafalgar Law’s tattoos and hat. Or a cardigan inspired by the pattern of Howl’s pastel coat from his first appearance in Howl’s Moving Castle. Things like that. :)

[@qp4904]

@@abigailluu6674 I know this is an old comment but just in case you do see it... It appears you're trying to make excuses for something you know is wrong. The people who created those characters own the characters in all likeness and all formats. It's that simple. Your easy solution is to simply create your own characters. That way you can sell as much as you like because you now own the characters. Copying is wrong, that's basically how it works. So just make your own (and not from the intellectual property of someone else who already came up with the characters). Develop your own characters and story and style. This is exactly why copyright is important and also why it's not easy. Copying is easy, it takes little effort. Coming up with your own idea and going through the processes of honing that over time into something that is a smooth workable and interesting addition to what already exists, now that is hard. That hard work should be rewarded by giving you the opportunity to make money from your own work. Hence, copyright.

[@abigailluu6674]

@@qp4904 Thanks for calling me a plagiarizer. In morality you have a point that if I use someone else’s work it’s plagiarism/copyright-which clearly I know isn’t right. And my “excuse” for wanting to do something “wrong” isn’t what you’re thinking. I’m not trying to rip the mangakas off their hard work to claim it as my own. There’s barely any decent anime clothes out there that doesn’t scream “weeb”. Don’t get me wrong, some graphic tees are awesome and I love supporting collabs between anime’s and companies. But it’d be nice to have something that isn’t just official art slapped on a shirt or is straight up cosplay. I wanted to contribute casual wear inspired by anime characters. I’m not trying to mass produce anything, nor am I just doing it for side hustle greed. I honestly want to make cool and unique anime fashion so fans can wear their favorite characters in style and comfort. Either way you’re right. It’s still plagiarism and copyright that I can’t escape it. But I still want to do it. Your solution to create an original story with original characters isn’t even what I wanted to do in the first place. But thanks for the suggestion. You made valid and great points and I completely understand. So thanks for making me feel like a crappy person for wanting to make something for the animes I love. And I apologize if you read this in an aggressive tone. It be like that sometimes lol. I hope you have a nice rest of your day/night. :)

[@jayj4439]

For this particular reason, I don't sell name brand things and I make all my digital prints

[@itsjessicavictoria8834]

I know we can't put copyrighted stuff on sale on our store, but I sell custom items and what if someone orders, say, a custom button and asks for spiderman or Mickey Mouse on it. Are we allowed to fulfill that order?

[@acgnome8183]

I would as long as you don’t post a picture of the copyrighted image in the listing or any other identifiable things

[@meetyounever6923]

Is fan art considered safe to sell? Also, what about silhouettes of common images? (not characters like pokemon obviously) This copy right thing is so confusing to me, because everything looks the strangely familiar in these situations.

[@Horus4302]

Fanart is also copyright infringement. The copyright holders usually don´t bother striking or sueing people because a lot of fanart is not really monetized on. But if you sell fanart they might copyright strike you.

[@CaffeinatedSpencer]

What about repurposed designer jewelry? Is there a way to make it work ?

[@simondavid6970]

I got suspended on my copyright infringement account , this got me so depressed not until I got recommended to *ZELLHACK* on instagram who successfully got mine reactivated perfectly

[@tinaambrosini2898]

So let me get this straight... I can pay full asking price from the company that owns the copyright but I can't use these items I paid good money for to create something I am selling?

[@brandonstockdale4735]

What information would you have for buyers about this? Can they get in trouble for buying something from these stores?

[@Foxy807]

No

[@mayka90]

what if i buy the print on demand licence for a logo ( or any other commercial licence) that can be printed anywhere i want ( mugs, shirts, hats and etc) and other people buy the same file with the same licence and they also do the same things as me? i thought that when i go to actuall graphic design website and i buy a stock with a commercial use licence or pod licence i can sell. but what if others do the same and do print the same pictures on their stuff using the same print on demand method? there must be some answer because its not a coincidence. those graphic design shops sell files with commercial use lincece for uncountable users so then what? who gets suspended? the 1st pirson whom they find in etsy? how that works?

[@simondavid6970]

I got suspended on my copyright infringement account , this got me so depressed not until I got recommended to *ZELLHACK* on instagram who successfully got mine reactivated perfectly

[@Horus4302]

If the owner of the stock graphic/image sells the same design to 10 people then no one is the copyright holder. The copyright holder is still the original owner you bought the design from. They only sell you the RIGHT to use the design/logo/image/whatever, but not the copyright itself. Some stock image owners might sell the copyright itself, but then it would be illegal for them to sell the copyright to more than one person, since they wouldn´t be the copyright holder anymore after they sold it to the first person.

[@strandslocsstitches6973]

Are a lawyer because I have found different information. Is this information up to date?

[@maralsalih5180]

Thank you so much for sharing this video I got notice yesterday I am pretty new to Etsy I am so worried 😫 I removed and deleted all the painting that I made of a cat what you recommended me to do I am thinking to close my shop!

[@lenanana8]

I'm still confused. What if I sell bookish jewelry or tea (aka inspired bookish merch) that's inspired by the worlds of fantasy books (say popular ones like Lord of the Rings or Wheel of Time) where the product design/packaging label/ product name/product colours, etc. are inspired by a quote or a plant/animal/building that's mentioned in the book? Would I get flagged for copyright in that case? I'm about to launch a small independent bookish business on Etsy and after seeing this I'm so scared of copyright infringement and getting sued for just breathing or thinking the word "book", "fantasy" or "sci-fi", let alone book character/plot/event/object names.

[@fillmorehillmore8239]

Could you not buy a Twilight DVD and upsell it with your necklace? Ive seen scalpers for years selling hockey pucks with "FREE" tickets to the game included.

[@ca.customkicks267]

I posted a custom shoe listing (Dior AF1) and it got taken down, how come others have it up selling Dior custom shoes but something similar got taken down on my page? Also things like Louis Vuitton stickers are being sold but my LV sticker listing got removed?

[@FruityLiana]

It’s so frustrating isn’t it! The same thing happened to me but I see so many others having full on personal websites selling branded items and make a living from it! :(

[@ca.customkicks267]

@@FruityLiana yea exactly, I’m pretty sure people that already are selling these items are reporting the newer sellers so they don’t take the customers 🤔

[@ca.customkicks267]

@@FruityLiana because the only way u can get it taken down is it someone reports

[@FruityLiana]

@@ca.customkicks267 Maybe :( I felt so upset because I have bought so many items to use bling on them but all the stickers I’ve made to stick on my bottles to bling up are all Disney characters or things I can customise for people! This sucks.

[@FruityLiana]

@@ca.customkicks267 that’s interesting 🤔

[@SKS2011SC]

I assume this also applies to famous art pieces or work by famous artists. I was just perusing two (of thousands I'm sure) Etsy Star Seller shops and one of them had over $100k in sales on pirated art prints. I'm all for people making their money but how are they getting away with this?

[@Wonderwoman1717]

What about monograms? Can I buy for example a onesie from Carter’s, per se, and add the baby’s initials?

[@acgnome8183]

Leslie Martinez I think you should be ok as long as you don’t advertise that it is Carters or make it seem like you are affiliated with them in any way

[@carolredinger2392]

Leslie Martinez don’t use the word onsie as that has been a big issue

[@LaVictoria.61]

I bought some clipart from an etsy shop and I bought a basic license from the same etsy shop, so since I did that can I sell the crafts I make from the clipart I purchased on etsy?

[@asdfghjkl33998able]

They must have mentioned about terms of use of their products you bought from them . If not you could contact seller about it I guess.

[@dullpoint1072]

No, if it's a licensed brand name image. There's no branded company that will allow someone else to sell copies of their image. For example clip art of marvel characters marvel isn't going to allow that. Just bc someone is selling doesn't mean you have the rights to use item.

[@julieatwell9503]

Is using a printed image -or part of - from magazine, junk mail etc for journals, collage art illegal? Thanx

[@kimmorgan9930]

I’m making Disney ears and I wanna sell them. So if they have the Disney Characters on it it’s copyright but if it doesn’t and it’s inspired by a character example: Louis from princess and the frog the ears are alligator skin fabric and the bow has a trumpet would that be ok??

[@mikespector8734]

How do you report an Etsy store for infringing on copyrighted materials?

[@stacymccaa4341]

Ok so cricut access...I make confetti & little things of that nature & sell them. But I pay for the cricut access monthly. So that is totally safe right? Ive used maybe 2 images. They are in design space & like I said I pay the monthly fees for those particular images😬😬😬😬

[@acgnome8183]

I don't know a ton about Cricut but from what I can see you should be okay as long as you don't try to sell the Elsa stuff. They let you use it for personal use. They other fonts etc. should be OK. You might want to check with their customer service if you are really worried about it!

[@beratmert1923]

Regards, I received an e-mail from Etsy stating that I violated rights. It is also stated that I cannot withdraw a certain part of my income under the name of Etsy Reserves. I immediately deleted the product from my list. The e-mail of the complainant was also sent. Complainant suing me etc. is it in question? What am I suppose to do in this situation. I did not make any sales from the product, I removed the product as soon as the mail came. I will be glad if you return, thank you in advance.

[@ivy1818u]

Two of my shops were permanently closed for the same thing in the drafts! Like omg what. They were plushies others sell too...

[@shantelisidore]

So question what if I wanted to destash my fabric supplies and wanted to sell fabric that I have purchased from Jo Ann and Hobby lobby. They don’t have team stuff or characters on them. They are simply designs like donuts, rainbows, unicorns etc. in that case am I able to sell the fabric

[@artalli7170]

I think it's also intent. Commercially or professionally selling licensed fabric is illegal. Selling it in private, like a tag sale or like 5 times to friends I THINK would be fair use.

[@nocopyrightmusic-kt8gv]

Can i publish public domain ebooks on etsy. I mean by " public domain ebooks" is ebooks are maid in the 19th century. Is that cool ?

[@mayka90]

i guess you need to re- do them. because ive heard that even its public domain or commercial use OR even pod licence- sometimes the design itself cant be 100% of your own design. you must add the text or other stuff. but idk how its with books. because you 'cant' make 19th century books themselves.

[@isayc2208]

So, can I get in trouble if I buy a fabric with Disney character and make applique t-shirts and sell it on? But I can see hundreds on Etsy doing it, example that A J. She also sell a lot of those embroidered Disney unicorns. Does it mean she got permission from Disney to use their design? Does she need to pay Disney for this permission? Sorry for the innocence. I don't have Etsy or any online business yet, but just planning to and I don't know how it goes. Thanks to anyone who can enlighten me.

[@acgnome8183]

She might have permission but she might not and just has t been caught yet. When you buy the fabric with the Disney designs it’s meant for personal use only and you can get in trouble if you sell it

[@isayc2208]

@@acgnome8183, thank you very much for the info.

[@DSBitG]

Consumers should band together and sue the hell out of big corporations putting craft supplies out there that are meant to manifest into something different than a rolled up spool or bolt. That's greed at its finest I guess but nonetheless, the power is ALWAYS in the hands of consumers.

[@skyymusingss]

I have a question regarding this, and I hope someone can give me some better insight as I haven’t found anything that really answers it on the internet. I’m considering opening an Etsy store that would be based around digital art and prints. I wouldn’t use any copyrighted logos or images but I’m thinking about doing something like selling calligraphy that features song lyrics - I’m not 100% sure if this is actually legal? I’m a UK resident so I’m following the UK copyright laws which I think are slightly different from the US laws. Advice is appreciated! :)

[@GTA-qv8pk]

Wouldn't the fabrics themselves be illegal then?

[@queenperry920]

Message @granthacks on !g for help

[@smith899]

I assume you are talking about when you do not pay for the use of the trademark? I pay for a trademarked item, so I am allowed to sell on Etsy, right?

[@acgnome8183]

Yes if you bought the license then you can sell according to the terms of the license

[@bunnybun5602]

What if I make drawings of musical characters? Are they copyrighted characters? What about like Hamilton or Mean Girls or something?

[@photios4779]

Invented characters like Superman or Batman are copyrighted; real people are not. But photographs of real people have their own copyright. If you were to make a close copy of a photo in your drawing of someone, you could be violating the photographer's copyright. It is possible to use a ton of reference photos to create an original drawing of a real person that doesn't replicate any particular copyrighted photo. But selling your drawing could violate their publicity rights. To quote Wikipedia, "The right of publicity, sometimes referred to as personality rights, is the right of an individual to control the commercial use of one's identity, such as name, image, likeness, or other unequivocal identifiers." When it comes to stage performances or movies like Hamilton or Mean Girls, you can easily run into both copyright and trademark problems if you sell drawings or merch that is directly associated with anything in those productions. So a drawing of the Mean Girls cast could be trademark infringement if you advertise and sell it as "Mean Girls" art. So yeah, there are a ton of potential legal pitfalls that arise if you try to piggyback your art on the back of someone else's intellectual property. The legally safest approach is to create and sell your own original art that has no relation to any copyrighted characters, movies, etc.

[@sahibasheikh7702]

Its next to impossible to sell your art.. every image is copyrighted or has a risk of being one.. where should we draw from? Its pandemic time.. we cant step out of our homes to click pictures.. like im soo pissed .. everything is copyright infringement.. like you cannot draw anatomy from your brain.. everyone’s inspired in some or the other way.. leaves me hopeless! Guess i’ve to stop drawing.. ik some of you will argue w me.. but its ok

[@ErinBurleson-yw1qz]

This is not necessarily true. The first sale doctrine 17 U.S.C. 109(a) states you may resell a legally purchased licensed product as long as you don't create or copy the product. You cannot use a Cricut and create a sign, but you can use a legally licensed product like a legally purchased sports sign and use in to create a wreath. You can buy a stuffed Disney mickey mouse and attach it to a wreath. You did not alter the product so there is no copyright infringement. Also, you need to use your own description "Orange and blue custom wreath with a licensed Astros sign attached" with wording that says something like "This product is not affiliated with or endorsed by Disney/NFL/MLB, etc"... Just letting you folks know

[@horsehaircreationsbykaren]

What about a resin mold? I buy then make a casting and sell it ?

[@ivy1818u]

They allow handmade, vintage and supplies.

[@Rampaigee]

Thank you for making this. I see a lot of tutorials using canva designs on printables to sell with no consideration for copyright infringement!

[@carolredinger2392]

The seller can be sued even with a LLC

[@junejunejuniejune]

I get it, if you're using art that is trademarked and not your own, printing them on mugs or T-shirts, or of course you can't use brands names, but what about non-mass produced handmade things, thats an inspired work like embroidery of something from a show, in an original context? Would that not fall under the context of transformative? Now I know anything Disney is a big no-no, so not asking about that. But like if you made a doll of Frida Kahlo, it's an inspired work of art based on an exsisting artist (theres tons of Frida dolls on Etsy...lots of Frida merch). I just really think the context of the work, and repurposed use of the work should be fair use, but is it not fair use because it's not an original idea, even if its an original conception of that idea?

[@strandslocsstitches6973]

How can you sell an item to a consumer who pays for the item and turn around and tells them how they use it. Fair use is the right to research.

[@laurarox80]

Here's one: I got free, discarded old wallpaper books from Sherwin Williams. They are copyrighted but they no longer sell them, so does that mean the copyright is void? I want to make crafts out of the paper and sell them and the paper is all abstract prints like flowers and stripes. I tried contacting Sherwin Williams, emailed two different people but they didn't think it was important enough to reply. Still, I don't want to get in trouble later on.

[@photios4779]

Copyrights on products that are no longer being sold are still very much active and enforceable. Perhaps the current copyright owner doesn't care about their old, abandoned, product, and won't bother enforcing that copyright. But it's still not legal and there is always some risk that the owner just might care. My suggestion for you or anyone in a similar position would be to either (a) create your own original designs, or (b) replicate old designs that are in the public domain. In the United States, anything published more than 95 years ago is public domain. Many other countries give 70 years of copyright protection following the death of a creator, which means that you can't assume something with an unknown creator is free of copyright protection unless it was created before 1880 or so. Lots of wallpaper was produced in the 19th century, so it should be possible to find some copyright-free examples that are all abstract prints like flowers and stripes. You can replicate and incorporate these patterns into your crafts without any copyright problems.

[@nancydesigns6983]

I sell cash envelopes, i decided to sell custom made planners which are clear binders with the option of adding a disney character on it completely black color like a shadow and I thought it was a good idea because i saw another seller selling envelopes with the whole colorful disney character months ago and she is still up selling them. Im confuse

[@danciacox3408]

Hi , I make invitations and cards. If I see an inviation on Pinterest and I want to use the same color and glitter paper but I use a diffrent font is that legal? Or if I see a greeting card on pinterest and the designer used a stamp set but I use cricut layered images instead is that legal?

[@photios4779]

Generally speaking, the more of something you take, the more your work is at risk of infringing copyright. When access can be proven, courts use a standard called "substantial similarity" to determine whether an item is infringing or not. Obviously the "substantial similarity" line is blurry, but if you take one or two ideas such as the same glitter paper and color and make an invitation that otherwise looks totally different, then the two would probably not be "substantially similar." But if you also use the same font, the same words, and the same general layout, then you're probably infringing the copyright on the other invitation even if there are still some differences. It's never wise to come so close to the "substantial similarity" line that you need to ask yourself if you've crossed it. Obviously designers borrow ideas and inspiration from others all the time, but what matters is that you so thoroughly transform whatever inspired you into your own original work that nobody will think you ripped someone else off. So if you see a greeting card on Pinterest that inspires you, it would be wise to not only use a different pattern set instead of stamps, but also find other ways to transform that inspiration so that the final result is wholly your own work.

[@michaelbryne7342]

Am so happy I could get my account reinstated all thanks to *Lencehack on IG* its been working perfectly with high sales.

[@bdhanes]

Awesome video. Great job. Thank you!

[@shieraubac5091]

How about for anime inspired restaurants?

[@deeneely1028]

Very well explained.

[@laurencohen5441]

If they write to you more than once, you would have gotten closed down, no? They only give you 2 chances

[@queenperry920]

Glad to meet *granthacks* on Instagram he got back my suspended gmc account he is a genius check him out🙏🙏🙏

[@bbqboi182]

Hey she said Seahawks!!! Whoop whoop

[@Mojo_Radio]

You may be able to get away with making products out of recycled goods in that you're allowed to resell copyrighted images if you have purchased them originally. She could argue that she purchased the Capri Sun packages, so she has the right to resell them in whatever state they are in, in this case a purse.

[@tinaambrosini2898]

so if i purchase an item at full price from a legally copyrighted source, can I then use the item I paid for to create something using the item as a centerpiece?

[@Mojo_Radio]

The reason that a Capri Sun purse or a pillow made of Disney fabric might be marketable without permission from the copyright holder is the "first-sale doctrine." Since you purchased the fabric from a retailer, and a copyright owner can only enforce its rights the first time it sells an item. After the first sale, the item enters the stream of commerce, and the copyright owner's control ends. This doesn't prevent companies like Disney from sending cease and desist letters that most people would be too afraid to challenge though. Most copyrighted fabrics will say "For Personal Use Only" or "Not For Commercial Use" which means the company doesn't intend for you to make and sell items from the fabrics (you're not even supposed to give them away for free). Whether or not it's legal, you should at least include a disclaimer that you do not own the characters and best practice for a long term business that you intend to grow would be to not use copyrighted characters at all. No point building a following of people who buy Marvel just to get hit with a cease and desist letter. Even if you're legally in the right can you afford to fight Marvel in court over it? It's hard to say honestly what the right answer is as there isn't much modern precedent and it seems retailers are afraid of actually taking people to court and stick to mostly telling them to cease and desist, whether or not doing so is legal. One principle of US copyright law is: “Designs for useful articles, such as vehicular bodies, wearing apparel, household appliances and the like are not protected by copyright. However the design of the useful article is subject to copyright protection to the degree that its pictorial, graphic or sculptural features can be identified as existing independently of the utilitarian object in which they are embodied.” This might also apply.

[@donnamorgan4414]

Very informative, thank you!

[@user-tb5hb9fe9o]

can you sell stickers of characters from movies but with no face so that it’s not copyright or is it still copyrighted even if the character has no face?

[@nlr27wdm]

Thank you for this

[@AlicanYalcn]

Well for example lets say I draw MARVELOUS in the marvel logo style, is it Ok?

[@Foxy807]

No as it’s still copying style and linking it to part of the name .

[@rollicker3139]

@@Foxy807 I'm not sure that "styles" can be copyrighted.

[@emilioperezjr0]

Anyone here for the MSCHF debacle aka satin shoes

[@gaming4K]

They own the gummy bear wtf... And the word Twilight. 🤦🏻‍♂️

[@coloradolove7957]

So... Let's say... You take the shape of a character. Let's say, iron man's face. Remove the color, alter lines, change ratio of the face and basically repaint it into a new character. How much do I need to barebones a copyright character in order to call it fair use inspiration for my character?

[@silverslider562]

Lost me Mickey “The” Mouse lol who the heck adds a “The” to his name? 😂

[@Carmen-dd4lb]

Thank you

[@indy007jones]

Can I buy Mickey ears, embellish them and sell?

[@acgnome8183]

I have seen others do it but I wouldn’t recommend

[@lelahendrix9545]

1 st sale doctrine

[@mohammedelazery5310]

I love your videos!! LOVE THEM!!

[@user-rv5ji3yc8r]

My real MVP goes to Unique_cr4ck he's just like a Magician I really appreciate everything you did 🙏

[@redroses501]

Precious Moment lost there case. The Judge rule against Precious Moment because license fabric used was not a violation of copyright infringement. They had an agreement with the seller not the consumer. The company that won had to put a disclaimer stating they were not associated with Precious Moment etc...etc. Today none of us has sign any document with any companies making these fabric so we can use them to make projects to sell. Provided we do not represent ourselves as working for the company or this is an original product of company such and such. But this does not give ones the right to create, drawn, scan or anything to develop these as there own character. Example I stay away from embroider character made after cartoons. Because for personal use it okay; but to sell is a violation of the company copyright. I put a disclaimer on license fabric used in project stating: this is not made by that company, nor am I an employee or an approve associated of that company. Looking forward to hearing more from you.

[@cuzcuzz6134]

Body language during explanation tells me alot ...but using the name of movie to boost sales is thumbnailly af ...it sucks when you buy bootleg stuff unknowingly so for different reasons I feel you are wrong about how you said twilight is just a time of day so why did you not put hashtag morning ? Because you were linking your diy art to multimillion dollar endeavor to gain financially and that is very obvious but for the artists that create out of love it makes us all seem sneaky and that's just not true ...you may not have intended maliciously but it did come off a little shady ...no offense intended I hope you do well in all you do but I jus call em how I see em but this topic is a very good conversation starter for art groups that needs to be discussed thnku

[@CheetahSnowLeopard]

Mickey Mouse

[@Valikillenni]

Ur good, but the mic you're using is ungodly, when you say "um" my brain fucking expoloded

[@kd-b7340]

It's not Mickey "the" Mouse, just Mickey Mouse.

[@afptsdheere2729]

I saw Frozen in Prison..There getting off on this. On ur pain.. Rubbing it in our face.. They re on Frozen 3 now.. R u Sirius...

[@thainekarnes8104]

Do you what me to make your day. I can copyright that item in less that 10 min. With all variations. Get a hold of me and see what a shitshow this is. Does not make any difference if I have never made one. 2 dallor bet to you.

[@michaelbryne7342]

Am so happy I could get my account reinstated all thanks to *Lencehack on IG* its been working perfectly with high sales.

[@queenperry920]

Glad to meet *granthacks* on Instagram he got back my suspended gmc account he is a genius check him out🙏🙏🙏

[@user-rv5ji3yc8r]

My real MVP goes to Unique_cr4ck he's just like a Magician I really appreciate everything you did 🙏

[@queenperry920]

Glad to meet *granthacks* on Instagram he got back my suspended gmc account he is a genius check him out🙏🙏🙏