PHOTO Of The TRUMP Attack On MERCH Floods Etsy (is this legal?)

[@JettiesGarden]

Aside from politics, I find it odd Etsy is promoting on their social media ads Snoopy products. At first I thought it went public domain but from a quick search it does not seem to be unless I am missing something. That to me it is way worse that Etsy is just fostering this type of activity on their platform.

[@dswoboda71]

Etsy doesn’t police the content, it isn’t their call. They rely on the person or business being infringed upon to report that to Etsy. Then Etsy will remove it.

[@KetoFitChef]

I think that one way you can look at if posting that image could be viewed as “promoting violence” because of the horrific nature of it, but in that same sense, so could the World Trade Center “Never Forget 9/11” shirts. Not comparing the two, but if I were, 9/11 was a far more horrible day and no one’s batting an eye at those. It’s the fact that they’re BOTH being used to promote Strength, Perseverance and Unity, and NOT the violent act itself.

[@TyarsEssentials]

Thank you for bringing up this topic. It such a confusing area, and sensitive, but you both handled it like pros. Keep it up!

[@rseandunham]

The issue really is simple, the stealing of the copyrighted image.

[@gretchenvono4385]

I wouldn't do it. Actually staying away from all political designs as I do not want my shop to take any side. With as divisive as this can be, I don't want to potentially turn off half my customers.

[@ebayseller6040]

sell both sides lol

[@shelly1179]

i sell both sides even though the one side was hard for me

[@SinNombre-ov4ql]

there is a lot of harris stuff out there too, people are doing the same thing for each party, and I dont think these sellers really care about TOAs...they are looking for easy money nothing more.

[@karenl8837]

The ones selling the trump photo stuff are violating copyright though. Different situation

[@billnoll]

This has nothing to do with politics, it's a copyrighted photo. End of story. 😂

[@christina9841]

I'm not doing politics in my Etsy shop... but I would think that either campaign would just be glad to promote their candidate? The reason they want to make money is to promote their candidate.. so I don't think the candidates would care? When we're talking about the photo that was taken from that day, there is a photographer involved, so maybe that is different, I think he works for the Trump campaign, so I'm just curious how he feels about it now that you bring it up (I have no intention of selling political merchandise)... but overall, I think using "MAGA" , for example.. Trump just wants to win. Those shirts, anything a person can wear, helps with that.. so whether a person is giving money to the campaign so the campaign can make commercials, or wearing a shirt... it's all about promotion, so I don't think they'd be going after people for selling merch... I feel like they'd welcome it..

[@tomsoccociojr.5776]

It is never okay to say someone else's picture or copyrighted phrase and use it as your own on any type of merchandise and profit from it. But there again, why do I see hundreds upon hundreds of shops maybe even thousands of listings that have copy written material from Disney and movies and music it doesn't make sense why they're still up on Etsy if there's a strong policy that prohibits this. Can anybody tell me why?

[@ItsYourFavCraftpreneur]

Policies are just for show. Etsy makes money, AND as long as they remove content when someone claims it's infringing, they are not legally liable. So, in summary, it's a legal way to break the law and not get in trouble. Most of the shops doing it are here to make as much money as they can and could careless about suspension. That's if etsy suspends accounts for infringement. Everyone assumes that's what it was, but without a verdict from a judge it's considered alleged. If my shop gets shutdown for an alleged issue and a judge rules, it's not, I am coming for etsy and the reporter.

[@ecouturehandmades5166]

I have had a soft sculpture hat of DT in my Etsy shop for six years(?) for sale as a cosplay hat with no problems from Etsy. It is DT #2, as I created another one that sold locally to be used in marches in Alaska. Mine is complete with the red tie and combo version. The original had a livestock eartag that stated he was property of Putin. I get all kinds of flak if I show these pieces locally (and they were well before Kathy Griffins unfortunate photo op), but to each his own.

[@creativelyengineered4993]

Video isnt playing yet (ads) but I was doing some research and a store that had a t-shirt was taken down between it showing and search and me clicking on the link. On the copyright side of things... if you didn't take the photo, you do not own the copyright for it and are vulnerable to a takedown. edit: If I were the photographer, and you used my image; I am taking you down or taking your profits.

[@SusanClark-ig3rm]

Great info, if it’s not yours don’t touch it🤓

[@ssgohardgaming]

Google says you have to have permission to sell political merchandise. I am not sure how you get the rights, but I have shopify, and they said it didn't fit Google terms of service unless I could provide that I am an authorized sellee.

[@mikehadwin]

You have the right to sell political merch, yes. You don’t have the right to use a photograph that belongs to the New York Times and sell it.

[@kcravenfilms]

I'm surprise you didn't mention personal image protections. I remember a tumbler hobbiest got sued by an NFL player for sellings tumblers with his image on them. Wouldn't that risk also apply here?

[@helengren9349]

☝️Copyrights of the photographer❗❗❗

[@runningclueless]

Can names be used like Kamala or Harris or Trump? Like are names in the public domain? I find this really interesting

[@chipcook5346]

If T-shirt vendors are using copyrighted material, that's a problem. Those Fight images belong to the organizations whose photographers took the pictures. Is there a bunch Trump stuff as you say? When I was on Etsy the other day looking at mugs, there were tons of Kamala items, but zero Trump items. Are there no Trump coffee drinkers? Where are the Trump mugs. Where are the RFK mugs? Trademark and copyright problems are simple. The more suspect issue is is there a systematic promotion of some candidates or parties over others?

[@paigedamian7715]

there are thousands of Trump and Harris items. There are RFK Jr items as well. Political items have always been huge.

[@chipcook5346]

@@paigedamian7715 That's what I would have thought. I only saw the one, so I got out some foil and put it on my head. I used to think I was crazy, but that was the 90s.

[@rebeccareames9132]

I understand the guidelines and I do have some political satire cartoons that do not promote any hatred or violence or party but do support woman's rights and voting rights, am I okay?

[@1StopToyShop]

Thought this video would answer but all they addressed is once again Etsy policies and don’t use other’s images lol

[@creativelyengineered4993]

A bit pedantic (I am starting my etsy store this week, so I am deep in the weeds on this stuff). The etsy policy as of July 29, doesn't mention politics at all. It does specifically mention: - violence - hate - items that would fall under the DTF or FDA enforcement/regulation So... tagential to politics. But not politics itself. K. Nerd out! 🤓

[@vojtechgajdusek5801]

Thank you so much for this video. I agree with you Scott! :)

[@SagiCatMagic]

I thought you could sell vintage political stuff...."I like Ike" buttons....maybe a MAGA hat 50 years from now...I dunno....but seems being political about events of this time can hurt business it seems.

[@guldenbolat2224]

Are we allowed to use the names of the politicians? Can we use the names in our designs, tags and titles? Like Trump shirt or Harris shirt etc…

[@realmadzero]

I'd avoid it if possible. You may get away with it but you're still using their name or image to get sales and that's typically frowned upon

[@jsonjsoff]

It's tough to answer. Trump is a legitimate word unrelated to the individual but it could be argued you were implying "Trump" the person based on context of the product. There is no black and white answer to certain copyright infringement situations and have to be argued extensively and expensively in court. It's not worth is unless you plan I'm making a burner account that you don't mind being shutdown. Most infringement cases will start with a "cease and desist" warning but if they want, they can go straight for the throat... so either way, there is a large risk

[@billtuttle7855]

IP infringement. Period.

[@AJ21743]

Whoever took the photo has legal rights to it

[@nerdkink]

He's gonna sue us lol.

[@Muskette04]

I dont think political stuff should be allowed on Etsy

[@CrystalBella]

Thank you for covering this. Etsy needs to start looking into this. Tasteless imo

[@b_gaming1]

Got to be honest I'm not a Trump fan ,so I'll wouldn't add political stuff stuff that involves Trump there. Or any political stuff for the matter. I personally don't want to go near that route. As I don't want to hurt any feelings.

[@mj48187]

Not ok, like voulchers, it is not ethical correct.

[@RuthmarieHicks]

First of all, Trump has a reputation of being VERY litigious. I know what I'm talking about - I'm from NY. Do you REALLY want to be sued by Donald Trump?????? Seriously????? Do you have the $$$$ to fight motion after motion. Appeal after appeal? And quite honestly, it's in very poor taste at the very least.

[@christina9841]

This is a campaign though.. it's about winning an election. He's not going to sue anyone for using "MAGA" for example.. the argument could be made that by selling merch with "MAGA" on it, you are taking money from the campaign, but the entire reason for the campaign is to promote the candidate... which selling/buying merch does do. So it is still promoting the candidate/Trump... I'm sure it's the same way with Harris. It's about promotion for the candidate, so I don't believe the organizations would be going after anyone for selling merch. I think they'd celebrate it.. ? Now when it comes to photographs, there's a photographer involved, I don't know about that... I don't do politics in my Etsy shop, but I am just curious now that we're talking about it here, how that photographer feels about it..