This Print On Demand Seller Was SUED $250,000

Nicol, a small print on demand store, was sued for $250,000 for breaking the law. These are the laws she broke, and how you can avoid making her mistakes too.
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VIDEO CHAPTERS:
0:00 The $250,000 Lawsuit
0:57 How Nicole's Print On Demand Store Got Sued
2:43 Nicol's Response
4:10 How Much Money Nicol Has Lost
5:56 Luke Combs Replies To Backlash
7:34 Luke Combs Surprising Response
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[@747dom]

$250K? Etsy should be sued for $250 million for allowing so much infringement on their platform.

[@FamousAshleyGrant]

Sadly they have loopholes that prevent them from being sued. Stuff like "we're not responsible for what our store owners put on their stores" and all that legalese that gives them a legal way out. It's crap and unfair, but if you're going to sell on a platform like that, you have to do all you can to protect yourself...

[@JLu20]

might be better to do exactlywhat t he. ig boyz do: Create a legal fiction like an LLC incorporation. Thiseay zero consequencesto her personal life money. Simply declare bankrupty and dissolve the legal function of the LLC and presto! nobody goes to jail nor pays any money back! 😊👍💯

[@CrystalBella]

It said Amazon where did you get ETSY.

[@747dom]

@@CrystalBella 3:13 she talks about the rampant infringement on Etsy.

[@johneldred4195]

Etsy shouldn't have to monitor every single thing. It should be every individual doing it

[@chrisvighagen]

He easily deflected a pr disaster, and got frankly more than 250K worth of Brand recognition and increased the brands positive associations by doing this.

[@fromthehorsesmouth3790]

How would this have turned into a pr disaster?

[@willn8664]

@@fromthehorsesmouth3790 Because something like this despite it being legal or not paints the celebrity in a bad light. Makes it look like the celebrities are turning their back on their fans. Besides the example shown in the video, also remember the huge backlash that Metallica got long ago with the whole Napster fiasco.

[@SmallSpoonBrigade]

@@willn8664The Napster stuff was particularly dumb. Right before the crackdown on filesharing the industry had the best year it's ever had. But, afterwards the market fell pretty quickly. I personally have never bought more albums than when I was pirating off of Napster. Of the albums I have at least half of them were purchased during the period where I was pirating. In the case of Metallica, they should have tried being better musicians. The whole thing looked extremely bad when they were suing for large sums of money under various questionable theories like "making available" and having the law changed so that they didn't have to prove damages.

[@heavyweather]

​@@willn8664nobody born after 2000 remembers Metallica anyways 😂😂 I didn't know Luke Combs. I guess fans wouldn't care either.

[@supernaturalblackmarket7762]

Copyright means NOTHING! I am a professional photographer and one of the big PODs took over 30 of my copyrighted photos and for a year and a half they sold the photos on 1500 items. Open and shut case right? Nope. It wasn't a user who uploaded the photos, the company was to blame. I spent a fortune and lost almost everything fighting them. Lawyers suck and the justice system is broken. Then Covid slowed the whole process down. If you want an attorney to go to court, be prepared to pay $200K upfront. Otherwise you will have an attorney like mine who threw me under the bus to take a quick settlement. This company did horrible things to get even with me and pulled every legal trick they could think of. It was an awful experience and I no longer want to be an artist.

[@ANPC-pi9vu]

We need some sort of artist's guild that we can pay into and have them advocate and take care of lawsuits on our behalf. That's the only way artists will ever be able to fight back against companies who do this. What company was it, btw? I want to avoid ever using or supporting them.

[@qdbusy]

That's horrible,which is why it's so funny how this lady's store got hit but MAJOR ones didn't,like even in my country you see alot of ILLEGALLY COPYRIGHTED artwork being sold in MAJOR STORES but no one says anything about it ??? Sorry to hear that man

[@WhiteWolfos]

I would have opted for a better attorney. Shame on them for becoming corrupted like that and trying to get a quick deal.

[@janetdungan2878]

if you have a law firm on retainer you pay a fraction. let me know

[@MonkeyMind69]

We don't have a justice system... we have a corrupt and broken legal system. As far as the woman in the video, Our U.S. constitution says "No cruel and unusual punishments". Fining anyone $250k over $380, especially when that woman probably doesn't even make that 250k amount before taxes in 3-4 years, is incredibly "cruel". It impoverishes and would have kept her destitute for years. The judge who approved the fine should be disbarred.

[@rltreasure]

As an artist, I very strongly feel that Amazon, and especially Etsy need to step up and stop all copyright infringement by all their shop owners! Amazon and Etsy are the ones that also need to be sued and made to up! I am so glad that Luke Combs was very gracious to help her out. That is the heart of a good man.

[@cameronpollock]

right now there is just not enough staff that could handle checking each and every listing ebay,etsay,amazon and others but im sure with the AI improvements these can be trained with brands to search this wil happen

[@chrismachabee3128]

Oh, the hire lawyers and legal researchers to check each and every single item of legal consequence on each to store owners, where now it is not there responsibility. May ask you, as you seem to have the opinion, how much is that going to cost? I mean after hire this new legal army somebody is going to have to pay. Higher fees to the store owner, who in turn price themselves out of the market. Did You Say sue Amazon and Etsy? That was really easy to say wasn't it? That comment indicates you have idea of the power of those two companies. Sue a poor penniless women who actually didn't make a dime, now that was easy. I'm going to tell you something else. In copyright infringement, unless you committed some kind of damage, you are only fined the amount of money you made. Say, the penniless artist made $300,000 on her sales of the product, those revenues now belong to the plaintiff. In this case the penniless artist, she either did not defend, had no lawyer, and/or presented no defense, as such the judge said guilty and gave the plaintiff what they asked for. Things would have turned out different had been represented by an attorney. Finally, it doesn't say much about a "star" where only 18 items of his were sold. I never heard of this person before this story. I am amused how you find him a good man with a good heart, who sued a penniless artist to the tune of $250,000. I suppose he was making an example of her, sending a message to all the penniless artists out there, don't you dare. The copyright laws do 2 things, more of course, but 2 things. It is a legal avenue to tell someone to cease and desist, because they are in violation of the copyright laws. That is usually enough. You actually go to court when the infringer has made hundreds of thousands of dollars, using your intellectual property, you win, and everything they profited on is now yours. These kinds of case or not inexpensive. This case will be a scare crow case that will scare the beejeezus out of anyone thinking about using the popularity of a celebrity to make some money, so future celebrities can rest assured their high priced bric-a-brac will sell without smaller penniless artists making more affordable souvenirs and becoming competitive interference.

[@LL-ex1gp]

@@cameronpollockthere’s something called software that can be used to track and block these keywords and items. Obviously they may not catch them all but it’s pretty obvious when you look on the site they aren’t doing much to stop infringements. Or resellers on Etsy either which is supposed to go against their policies. It’s only because they continue to profit from them as well as the shop owners.

[@BarnabyFalls]

Somehow, KZbin can do it.

[@cameronpollock]

@@BarnabyFalls they dont

[@3puppitos]

Luke Combs went above and beyond for this woman. I hope she understands not just how lucky she is to escape the legal issues but how amazing of a person Luke Combs is to give her the proceeds. Wow.

[@Sm00th-0perator]

but would it have been such a freaking big deal if this hadn't become such a big deal on social media?

[@kylepopell3585]

What Luke Combs did for that woman was above and beyond most peoples character. He was the bigger person, and he made things right with her and the whole situation.

[@lifeofaseven]

​@@Sm00th-0perator probably not, because nobody would have known about it... I don't know, some people complain about things being all over social media, but for me, even at 47, I'm trying to even remember how we every knew about anything before social media!??? Of course we managed, but as far as having any hope of a music star, or celeb getting info about us, and reaching out like that so quickly... There's no way.. So many things are possible now that never were before.. I do realize they aren't all good, but mostly..

[@Jack-hq4yq]

That was all planned by his marketing team. He had nothing to do with it.

[@rustyneuron]

​@@Jack-hq4yq I didn't know that. Where did you come by that info? Do you know him or his business team in some way?

[@DesignPupsShop]

Not long ago, I had to take down & modify a design featuring Rudolph the reindeer, after learning that any reindeer with a red nose is trademarked. It's super easy to sell something illegal without even realizing it.

[@paris5768]

wtf? how can they trademark a reindeer with a red nose? It baffles me to the stupidity of the law system that allows certain things as such to be trademarked.

[@JLu20]

incorporate to s of small individual legAl fictions for EACH revenue stream to prevent your TOTAL annihilation financially. Walk as the big boyz do.

[@hungrybamba]

if we're honest - most people don't care about that law - that's why it happens but the platform shouldn't allow it! If they do (like Etsy) they should be the ones standing in court. Regardless, as sellers, it's our responsibility to do our proper research. People think just because it's Etsy you can sell anything. If people would have learned the meaning of the word "brand" they may have put some extra thought and effort to what they sell on the platform.

[@genericuser77]

It's super easy to realize that selling Luke Combs merchandise is not legal.

[@growwith-me.]

Have you found any way to find out if images are trademarked?

[@WholesaleTed]

Because I'm sick, I might not get a video out next week - I'm sorry! If I don't, I hope you have a wonderful Christmas 🙏🎄

[@maven5777]

Take care of you, rest is important for full recovery! ❤

[@rikmoran3963]

Get well soon and I hope you have a Merry Christmas!

[@DreamsDeals]

Wishing you a Wonderful Christmas too. Get some rest and feel better soon!

[@Sewing_for_Passion_and_Profit]

Luke Combs Apologizes After Unknowingly Filing $250K Lawsuit Against Fan Who Sold Unofficial Merch

[@devibheem28]

Turmeric, ginger, pinch of black better. Drink daily. Get well soon

[@justinarchiquette7591]

$250K is excessive. I think the biggest issue was Illinois passed a law saying you could email a summons to court, instead of physically hand it to someone, which used to be law to make sure everyone stuff like this doesn't happen. So the summons ended up in her junkmail. Meaning she missed her court date, missed her chance to argue her case, and probably looked in the eyes of the court delinquent and contemptuous, so why give her a break. All the wrong things happened for her, but hopefully will provide guidance to the Illinois legal system to go back to physical summons in the future.

[@WholesaleTed]

The email summons is shocking! It is crazy that you can be sued and have it go to your junk mail.

[@FamousAshleyGrant]

Holy crap! I didn't know you could email a summons. Thanks for sharing this. Definitely something to be mindful of. WOW

[@DivineDissident]

@@WholesaleTedhow does that even work?? I know I have email accounts I dont even use anymore, how do they know where to email it?

[@JLu20]

its still prolly illegal to summons into Court that way, as it is not expected in our customary legal legacy… just like the stupid face coverings, “ZOOM” -tv trials which severely impede the defendants their rights to fully face their accuser in real life as this impedes the jury from properly assessing the defendant etc in normal, customary human interaction and facial clues @@WholesaleTed

[@theblogauthority]

$250,000 is not excessive. It is the LAW! You can additionally be required to do time in a Federal Prison for Copyright Infringement. She is very lucky she is not sitting in prison for the next 5-10 years.

[@BeCarefulWithAI]

Etsy should be jointly liable and watch how quickly all of the copycats come down.

[@HeatherValentineMsFoodie]

YES!!! 💯 Amazon, Redbubble, Zazzle all of them!! If we start holding them accountable because they’re allowing this to go on within their infrastructure, I agree shops would get shut down so fast. I also say shame on the buyers for buying the copyright infringement ! You’re telling me people buy Disney stuff on Etsy and have no idea that the seller shouldn’t be selling Disney stuff? Please 🙄

[@jdg4112]

I totally agree. but these companies just want the fees from the sellers.

[@bigsky-406-sales]

I agree.

[@MissTReviews]

True.

[@pixelmasque]

right on, it should be called Copy.

[@rikmoran3963]

I was considering print on demand a few years ago and watched lots of videos, including quite a few of yours, and one of the first things you learn is not to breach copyright! There is often a bit of work involved looking up trademarks and copyrights for phrases, but using a celebrities image and name is just asking for trouble. I am surprised when you look at some of these POD sites that there are so many products featuring characters from things like Star Wars. You just know at some point the hammer is going to come down hard!

[@londonstar3657]

So now people get rewarded for breaking the law. They should have just made her take the merchandise down. But he rewarded for doing wrong, breaking the law. She not a victim. This generation as lost its way, like no other generation in life. This is a every is a victim generation and they want everything easy, willing to break the law and then get rewarded for breaking the law. I'm in the retail busy and this is sicking to me.!!!

[@ANPC-pi9vu]

If you are creating original fan art of IP and using it, some IP holders make an exception for that, but it's up to the artist to make sure it's ok. This chick is just a straight up thief who doesn't look like she was 'creating' anything.

[@theblogauthority]

@@londonstar3657 I agree. The penalty for Copyright Infringement can include time in a Federal Prison as well. He should have at least let her spend some time in prison. There needs to be some sort of accountability for people who flagrantly break the law.

[@strallent]

Infringement is no joke! -- She did something illegal, but to sue her for that amount of money is just insane. I'm glad he is a good and compassionate person! She is a very lucky woman. Lesson learned...I hope!

[@theblogauthority]

You would hope some of the other sellers on Etsy might learn a lesson from this. But, of course, they think it will never happen to them. 🙄

[@thecriticalobserver7585]

Etsy is a cesspool of copycats.😮

[@goilo888]

And drop-shippers galore.

[@sarasays...850]

And also scammers. My Etsy store was taken down because another seller filed copyright infringement on ALL of my products/designs. Designs that took me countless hours to create. Etsy shut down my store. They said to fight against it I’d have to go to court with the accuser. I was a small shop. How in the hell would I afford court and an attorney? Etsy is a shit store with shit policies. They don’t protect anyone.

[@buda3d2007]

yeah worst part is they copy off the smaller creators as well as the big ones, indies dont make much yet they try to scalp off them.

[@zeragus707]

Well.... there are certain youtubers who tell people "make insane amounts of money by not re-inventing the wheel! just take top-selling ideas, change them slightly and win big!" ...... they will never get in trouble for it

[@geralt36]

@@sarasays...850 That's actually really fucked up. Is there no way that you can prove to Etsy that those designs were yours?

[@Tj84000]

Real lesson here: get your sob story to go viral and you dont have to be penalized for breaking the law. We see it plenty. While 250k was excessive for a small shop, she knew it was illegal (or at least not right).

[@alphathealphiliate]

The other lesson: Infringe on independent artists with a heart, not popstars with big legal defence teams 😂

[@ForceFreeTrainergirl06]

I think she was too stupid to realise it was illegal.

[@ANPC-pi9vu]

@@ForceFreeTrainergirl06 That wouldn't make it ok. She was just straight up selling drop shipped items with stolen images on them and calling it 'hand made'. She's a bottom feeding thief and liar, the sort that are ruining platforms for small creators.

[@l31007]

Hope you feel 100% real soon Sarah! Thank you for still making this video.

[@user-ff4hj5le9k]

I will never understand why people insist on selling illegal merchandise. It's not that hard to use original stuff.

[@lindarobinson2104]

I don't think she was being malicious. I think she was ignorant. But, lesson learned.

[@Financiallyfreeauthor]

Agreed. It’s hard to imagine how you could think it’s okay to sell things with someone else’s image on them. One would think common sense would tell you this isn’t okay.

[@st.michaelthearchangel7774]

@@Financiallyfreeauthor Indeed. Whether she did research on copyright law, I do not know, but it's easy to make a mistake in that world. We all make mistakes in life, but I am glad the outcome was a blessing in the end.

[@miteruno]

some people laterally have ZERO creativity and that is not some exaggerated claim its just how their brain works. they only think in terms of what's popular and can make money. they might have aesthetic and designs skills to make strategic choices when coming up with a product. but they cant create anything of their own

[@JustDreadful]

Its not hard, but people sell things that already have a built in audience and following because they think its easy money.

[@raielschwartz6837]

Wow, Nicol's experience is truly a wake-up call for all print on demand sellers. It's clear that understanding and abiding by the law is non-negotiable in this business. Thank you for sharing and educating us on how to avoid such costly mistakes. This video should be a must-watch for anyone in the print on demand industry!

[@DerickPitcher]

Thanks for the update. Well wishes on a speedy recovery

[@nickhumphries6220]

Copyright is copyright. When does it end and what is acceptable. All social media is flooded with copyright infringement. The sooner the social media accepts responsibility for what they publish the better. They have the resources to help stamp it out.

[@h.b.9232]

Get well soon. Life is challenging. We all appreciate your content. Thank you.

[@MattyHughes]

Great vid! Thanks for sharing! Hope your feeling better soon!

[@leilegion]

It is important to understand the risks involved in using other people's original work to make a profit. Many online users around the world try to make money by selling products with quotes, images of celebrities or other well-known figures, and artwork created by others without giving proper credit. This issue is not limited to Etsy but also happens on other platforms. However, taking someone else's work without permission is illegal and can result in serious consequences. Unfortunately, most original artists do not have the resources or time to track down people who use their work for profit. But just because owners don't always look around doesn't mean they won't sue either. Make a name for yourself and create your own design or they can get a license to sell (If its possible).

[@nadineleongobet]

I just discovered you channel and I just want to thank you for all the great content that really helps. Love N.

[@user-ey5dg8kq1e]

I hope you are feeling much better! I missed this video because I also have Covid. Thanks for staying on top of these issues. It is surprising to me that Amazon and Etsy don't have any liability, but it is a great warning for any seller out there. As a business person, you are responsible for staying on top of the legal issues that impact your business, including following the terms of service of the platforms on which you choose to sell. Combs is a stand up person and was really nice to do this, but this is not to be expected. Just sell your own original creations.

[@estonian44]

hope for speedy recovery for you, thank you for still teaching us

[@mikeosborn3906]

I'm really impressed by your videos sara you have been a great help definitely be buying your book

[@robynjinkins8314]

Anyone that is making tumblers or whatever KNOWS it’s illegal. If you don’t, you’re living under a rock. 🤷🏼‍♀️

[@WholesaleTed]

I am 99% sure she knew it was illegal. She surely knew she was risking her store. But I still sympathize with her shock with the lawsuit: that was VERY surprising!

[@iminharmsway]

Sometimes, IP attorneys will make an example of someone violating IP rights, thus the $250k lawsuit. It definitely gets attention. Ignorance of the law does not absolve her from responsibility.

[@staceydavidson-gaither1933]

EXACTLY 💯

[@momtomaryjean]

I have a super hard time believing people who go into business selling anything don't have a basic concept and understanding of copyright! To say she didn't know is a hard one to swallow. Educate yourself, it is everywhere if you want to learn, do your research. But I agree, so many copyright products on etsy making a fortune! I don't understand why Etsy doesn't shut them down without waiting for the company to come after them. It isn't fair to those of us following the rules and doing things legitimately. Luke was extremely considerate in her case! I hope she truly grasps what he did for her. Above and beyond.

[@sarebear483]

There are some people who own businesses that really shouldn't, for the simple fact of not knowing how to log in to a service they use.

[@ForceFreeTrainergirl06]

Its so easy to use images these days that are not copyright, along with AI to create images. Even if you aren't super creative and artistic! I just cannot conceive how people think they are going to get away with someone else's copyright such as a famous person. It seems so much like basic common sense to me.

[@ANPC-pi9vu]

And she tried to call them 'hand made tumblers' when they are just drop shipped tumblers decorated with not just stolen IP but the images are stolen. If she was an actual artist putting drawings of famous people on drop shipped merch, I would be more sympathetic, but she's nothing but a bottom feeder.

[@vintagepostersupplyco.alys3910]

I think Etsy and other print-on-demand sites don't get as tough about listing items because if they do sell and there isn't an issue with the seller, then they make $$. It seems like they're all more of the let's see if we can get away with it until we can't anymore type businesses (the POD marketplaces like Etsy, Amazon, Redubble, etc.} I'm sure she thought it would be quick $$ and seeing all those others on Etsy gave her the green light so to speak to add her designs, but again, knowing what you're selling, etc. is the top priority of print-on-demand and designing. The best advice I can give is if it's a person, living or deceased, there's probably a copyright or trademark in place. If you're copying designs, it very well could be illegal as well. People don't even realize fonts can be subject to copyright infringement so business owners need to know what they're doing. She's very lucky she was treated so kindly by Luke Combs and it was likely due to the fact she was on the news and posted on TikTok gaining attention from others. Had she not, he probably never would've even known it was an issue. As he said he has a company go after copyright infringement issues for him. It's always better to be safe than sorry.

[@howeffingridiculous]

It's easy to understand why Etsy doesn't shut down copyright infringers. Why would they spend time and money putting together systems and expensive expert staff to do that when Etsy are not liable for the infringement?

[@KarenmitchellANI]

It is what it is, let this be a lesson to all POD and creators. Moral of the story is, use your own creative thinking and brand. Thank you for sharing

[@felixthecat9347]

Copyright is a wicked thing to get involved in. I was part of a group of people who would share movies with each other, it was like our own little movie club. There were about 25 people in our group. One day, I got a knock at the door, and it was a federal marshall who was sent to serve me with papers. It turns out someone shared a movie with a lawyer who then proceeded to sue all of us in the group. The amount they were asking knocked me out... A whopping $8 Million dollars. I hired an attorney and then found out that my only options were to pay the amount or file for bankruptcy. So bankruptcy it was.

[@freudulant]

I don’t understand. Do you mean loaning DVDs to each other or digital knock offs of films?

[@Matthias129]

@@freudulant I'm assuming it was torrents of movies. Somebody (or bodies) in the group most likely didn't own some amount of the movies that were being shared that opened them up to the lawsuit.

[@SmallSpoonBrigade]

@@Matthias129 Yes, because as much as the studios hate sharing DVDs, there's nothing they can do about it legally, so long as it's an original copy of the DVD that was properly purchased by somebody.

[@pixelmasque]

driven by opportunistic lawyers, you cant even use numbers today, try printing 23, MJ owns the trade mark, infact very few numbers up to 100 are available for free use. amazing. next will be letters >.

[@andriesvandenberg2943]

Thanks so much for sharing this in such detail with your following! You are amazing and stick to the facts letting your following make educated business decisions.

[@ginab468]

You look great! Thank you for dropping this! Love you Channel!

[@WholesaleTed]

Thank you! Your support means a lot 🙏

[@chrisdusty8134]

She said that the lawsuit went to her junk mail. Email is not a legal means for these kinds of notifications in the US. She received real paperwork at some point and ignored it.

[@animelover1992]

That’s very sweet of Luke and you understand he’s a human with a heart but it’s not his job to protect this woman. Honestly it really the job of the website to take down stuff too… it sucks but it’s a life lesson when coming into this kind of work. Anyway it’s a lovely story and she got super duper lucky with the help of the push of the media too.

[@davidoswald5749]

Something like this was bound to happen at some point, way too many people sell merch they have no business selling for exactly this reason.

[@grandgala399]

wishing you a very speedy recovery & better health real soon !!! 🙏 and of course that's for this video ❤

[@anissahooks1081]

Thank you for sharing

[@shiverwind4361]

Get well soon Sarah, what a trooper coming on when you have covid, thank you

[@meshackin]

She should have gotten a take down notice, but the lawsuit was overboard!

[@robinh4]

I get annoyed when I see people using celebrities and such in their shop. It is so hard to come up with something people want to buy (also market it) and these guys just take the easy way out. I don't think she should have to pay $250,000 though, unless the person continues to use other copyrighted items (which I don't she would in this case). I think a cease and desist is enough and just pay them what you made off the tumblers. That's fair.

[@HoDLum]

There almost certainly were cease and desist letters to which she did not respond. There was a lawsuit to which she did not respond and she ended with 250k default judgement,

[@IceCream-hp7mm]

@@HoDLum that would be weird because the first step in those cases is a copyright infringement notice thru whatever POD, there would be internal notices in her account that she needs to take whatever down because whomever is claiming to own the rights, she would have seen those when logging in to upload something else, besides a copy for her email, so it seems they jumped straight to suing a bundle of sellers because there are people who actively pursue this type of thing and just call rights holders offering to sue for them.

[@Belanthiel]

@@HoDLum Oh there was > 4:27 shows copy a of the cease and desist that she says "went to her spam folder". If you are running a business, you should be checking that spam folder daily to make sure nothing important slips by.

[@HoDLum]

@@Belanthiel how do you do timestamps like that?!

[@Belanthiel]

@@HoDLum Just type it minutes colon seconds, requires nothing special at all :)

[@lynndaykin8600]

Ignorance of the law is no excuse when you own a business. Luke did a wonderful thing but he's now set the precedent for unscrupulous sellers to to use Copyright/Trademark images in hopes that they too will end up with a good, kindhearted, sympathetic celebrity to stand up for them.

[@adrianaycock]

Luke Combs did respond and is trying to fix this, given they tend to go after larger corporations doing this. She’s lucky, because this is illegal.

[@cameronpollock]

he could have dropped the 250k case

[@HoDLum]

@@cameronpollock That is the easiest way to loose trademarks. He already opened a can of worms by admitting here is a two tier approach to his trademarks and copyrights.

[@Ellellemm22]

What a great guy! 👏🏼👏🏼👏🏼 But, I have a question - - Don’t Etsy and Amazon have some responsibility for allowing these items to be sold on their platforms? I know Patreon and KZbin are really strict with what they will and will not allow bc they don’t want to be sued. They take things down and suspend people all the time.

[@jdg4112]

These big companies don't care as long as they get their fees from the seller. They can afford lawyers to write the best policy rules to cover their backs and wash their hands. These companies get their share of the money, and they're as guilty as the sellers. They should also be sued. And 250K is something that you'd ask a company to pay, like Etsy or Amazon, but not a small shop. The judge has shown poor judgment, sorry.

[@AngieRodriguezGuzman]

@@jdg4112 I agree with everything you said. Etsy and Amazon know what's being uploaded and should be sued. AI is out now and can detect any copyrighted image. I wish people wouldn't sue because it's a compliment for someone to copy their stuff BUT I understand the loss of profit and not crediting the original designer, person etc..

[@me-myself-i787]

These platforms take down content when they receive a DMCA request, and are under no obligation to do more. Forcing every platform to implement a pre-emptive, automated Content ID-style system would be a bad idea, because Content ID sometimes doesn't work very well.

[@SophistiqueWoW]

Hope you get better soon - worst time of year to get Covid too with how busy and crazy it is out there. Take care of yourself!

[@scotttovey]

I think, when I start selling merchandise, I will copy right everything I design and wait til I receive the copy right letter before uploading the design.

[@moumoun7]

YES! Do that! Technically (if I'm not mistaken), you have up to 90 days AFTER first publishing your original work to register your work with the copyright office (in the US) and still be able to sue any infringer for up to $150,000 per infringement. I believe nowadays you can register original works in batches of 10 pieces for about $80 (?). So registering periodically in batches is a good practice.

[@Lisatropolis]

Wow, this girl got really, really lucky, I think we can all agree. That could have gone either way for sure, and Luke was very human about the whole thing. Create your own stuff, people! There are enough ideas for everyone. PS Sarah, get well soon and watch your iron and electrolyte levels as Covid can zap both. I didn’t know, but friends took one look at me (pale as a ghost and dizzy) and figured it out. Wishing perfect health to all this holiday season 💚

[@TheFlydesign]

He has the legal right to protect his brand. I see copyright stuff all over the internet and TikTok is filled with it, the list goes on. Everyone thinks this a big joke, she acted in terms of a scalper benefiting off of his brand...STEALING basically. He acted in a good nature to resolve the issue. She just learn the hard way on something that is free knowledge.

[@cameronpollock]

it should have been a cease and desist letter and a $10 or 15k fine, why did he not tell his lawyer team to drop the 250k

[@HoDLum]

who says there was not a cease and desist letter? And if she responded to the lawsuit instead of pretending she found out about the judgement from a spam box email, she could have negotiated 5 or 10k settlement.

[@beauteoussounds1156]

Record companies have crazy contracts with their artists. They ‘own’ the artists’ intellectual property/image. At this point, Luke Combs himself can’t make and sell a tumbler with his own image on it without permission from his record company!

[@mercyguerrero5240]

It has been settled with the court there’s nothing he can do. Besides his stock holders are in charged of it there’s nothing he can do.

[@draygontaygen677]

Sarah I hope you get better soon, Merry Xmas.

[@JupiMeow]

I'm so touched by Luke's response! Did he forgive the settlement then?

[@EmmaCruises]

Oh man, get well soon!! 🥰🥰🥰

[@ginab468]

Why doesn't' Etsy take those down before they get that far.

[@WholesaleTed]

In this case it wasn't Etsy, it was Amazon, but they both have the same policy: they don't take down infringing items unless the IP holder enforces their rights. They are under no legal requirement currently to take them down. I don't think it is right, I think they should have filters in-place to warn people that their item might be infringing on IPs. KZbin has that system in-place, it warns you when you upload a video, and it protects KZbinrs from uploading videos not eligible for monetization. This could protect sellers from making a mistake like this.

[@BobBob-eh5sb]

From what I have gathered is, if it is a company logo like Budweiser, Nascar, Harley Davidson or names and photos of someone famous, it’s probably a no no if you’re planning on selling it.

[@akijames2022]

OMG, please get well soon! You sound and look just fine as usual🥰

[@m.a.3421]

Merry Christmas 🎁🎁❤

[@MonkeyMind69]

This illustrates the broken legal system in the U.S.. While what she did may have been wrong, we must also realize the constitution says "No cruel and unusual punishments". Fining anyone $250,000 over $380, especially when that person probably doesn't even make that 250k amount before taxes in 3-4 years, is incredibly "cruel". It impoverishes them and will keep them destitute for years. The judge who approved the fine should be disbarred.

[@sharonla8071]

I haven't found her shop yet but someone on another platform said she took down the Combs stuff but still has lots of copyrighted stuff in her shop.

[@adelanaofficial]

I'm about to a Print-On-Demand business and I must say. I have learned a GREAT lesson here. Phew...

[@st.michaelthearchangel7774]

That was really great of Luke to do that! What a guy.

[@abalzeris831]

These people who sell items with copyrighted images are ridiculous when they get caught. Usually saying "poor me, I didn't know it was copyrighted". Not to mention she layered a bunch of stickers, most likely also copyrighted, and made a sublimation print for a tumbler.

[@oldroadie]

She previously worked in a promotional products company so knew what she was doing was wrong. She has a shop full of infringing products.

[@WholesaleTed]

Interesting! Do you know what her store is called?

[@Beth1300]

What is her shop called?

[@ItstheDaveShow1]

dang, lessons to learn. So many people selling stuff that is copywritten and trademarked. people need to get a bit of an education before doing this kind of stuff. Thanks for putting this out there. I have been doing POD for about 5 years and always careful to check stuff out first. They should have sent a Ceast and desist letter first too.

[@davidoswald5749]

Completely agree, but in her case she's like I don't understand, what did I do wrong? Ignorance isn't an excuse for doing something illegal, some people should really have some sense when doing POD and such.

[@tlcooper2.0]

@@davidoswald5749 Everyone with a "bright idea" and a glue gun thinks they're an entrepreneur.

[@williammead516]

I’m glad Luke is helping her out with this while also setting the this is not a green light to use my image. Hopefully she serves as a cautionary tale and can recover. Also you are recovering from COVID like a champ most would look like a zombie you don’t. Feel better soon!

[@judymarie1]

Such a kind man.

[@kcnative1]

It's 2023, people should know better by now.

[@BjorkL]

What a great guy!! ❤

[@jyllhyll]

I think she should’ve got sued. I think it was very nice of him to get the lawsuit dropped, and get her money released on Etsy, but no reward her for it. He should have also said, folks, don’t do it. He basically encouraged as far as I’m concerned, copyright infringement for the little guy. People, don’t do it!

[@WholesaleTed]

It's interesting. In editing, I cut out a section of the video where I commented that his response might now encourage this sort of thing. I thought I was getting boring so cut it. But in his full unedited video (I cut it down for brevity) he says things like, "no fan should ever be sued" and, well, these "fans" are also running businesses too, and these businesses are infringing on your IPs, and so they are going to get closed down by your legal department, even if they are "fans" - and so saying no fan should get "sued" people may take this to mean they can do this, when they cannot. And then get a rude reminder when, even if they don't get sued, they still get their store banned. I don't think he understands what exactly was going on, I get the feeling he woke up, saw the drama and didn't realize that there is a whole multi-billion dollar industry of cottage/small POD stores and just thought it was a small thing.

[@justinarchiquette7591]

He didn't get the lawsuit dropped. Judgement was passed and she owes $250,000, she can appeal, but that costs money and time

[@lory2videos]

100 percent agreed

[@carolynzaki]

@@WholesaleTedthat’s interesting. I agree that he may not understand the ramifications of what he has said. It’s so much harder for very small designers to do anything about IP infringement. How are small businesses and hobby artists supposed to do anything about other small businesses and hobbyists copying our designs and making a profit from it. And how is the customer supposed to know who designed it first…. It’s really frustrating 😢

[@malmedia]

I think it's great that stories like this go viral so awareness can spread. I do think the fine did not fit the violation in that persons tumbler case, but I also don't expect legal system to go through the process of trying to figure out the value of every violation. And I would not expect them to know if some seemingly small Etsy store is not actually being backed by some larger multinational multibillion dollar company.

[@TheSageisBack]

If that legal system is putting a dollar amount on the violation, it has the responsibility of knowing the worth of what was taken. It's why it has distinguished petty from grand larceny. Again though, I think the whole business of it needs to become more streamlined, consistent, and layperson-friendly. I like the idea of people posting specifically what of their content or imagery they will and won't allow you to use. For the average person, a simple warning will suffice.

[@GreaseAndGravel]

Thanks for the warning. Good lesson! And wow, nice of Luke. Win win for all (in THIS case... )

[@Artemissia]

$250,000 is absurd. You can't get money from people who don't have it. The amount isn't even justified. Thank you, Luke Combs for being a compassionate human being. I don't understand why lawyers have to act like monsters.

[@HelmetVanga]

Rudy Giuliani Mr. Tramp's attorney ordered to pay $180 Million to election people, the order came from a Judge. If he does not pay, they can go after his car, his house, his bank account, his assets you name it. I do no know if you remember Napster. Metallica went after the owners of Napster website and end up in court and the Copyright Violators end up in deep water. The lawsuit put the culprit out of business and had to pay plenty of dollars to the victims. Before becoming a POD guru, or seller or merchant or vendor or speculator, take a class on Copyright, Trademark and Patent laws and their penalties. 4 years in jail and $250,000 United States Dollars if convicted.

[@SmallSpoonBrigade]

Presumably, a lot of that was statutory damages. Although, in this case she should have had the necessary books to figure out just how much to award the plaintiff.

[@AudreyStar17]

Rockstarflipper just made a video about this story as well! While they didn't need to sue her for that much, I think what LC did just is going to encourage all the people who are doing copyright infringement, honestly. Like, it's SO rampant on places like RedBubble, etc,makes me sick. Sure it's easy money at first, but it's illegal, and not worth the risk! Cause companies/famous people CAN come after you! Just use your imagination, or outsource!

[@RealQuickComics]

Love Luke that much more, touching story really

[@sergiozammel8261]

Hi Sara, yes She made a real rooky mistake here, probably didn't think it through. It is a bit of a minefield with copyright laws, but this guy Luke Coombs has a real heart, she is very lucky that he responded. Any way have a Great Christmas Sara and hope you get well soon. Take zinc ,vitamin D & C and take a look at the stuff they give Horses. HAHA !! Cheers from the land of OZ !

[@MissMolly3377]

Yep, that horse stuff helped me. 😊

[@DioDiablo702]

This is why I keep telling people to sell their own artwork. Nobody wants to listen then stuff like this happens.

[@sidequestsally]

Yeah, you can't DO that. When in doubt, just imagine if someone were to sell YOUR face for a profit without your permission. You can't use someone's image without licensing, period. I mean, I too want to publish that Kardashian adult coloring book, but I don't want to be sued into next Tuesday.

[@mindtheprivacy]

He didn't say he was dropping the lawsuit....

[@SiriusV23]

He can't drop the lawsuit, because it was already completed, and she probably sign away accepting herself as guilty. you can't just drop what is signed, it has to go through new court, new judge, new case, etc which is gonna cost more. Beside he doesn't get a choice to call off anything, because like most celebrity, it is the company that owns them.

[@jopaul32]

WOW, I had no clue to the level of infringement. I've always assumed that there was a percentage deal and/or permission granted from property owner.

[@damion298]

Awesome vids

[@MoeDollaCT]

Your right that was a nice tumbler, TO THE GIRL WHO GOT SUED, DONT STOP, KEEP GOING!

[@ANPC-pi9vu]

It was just a collage of stolen images. lol wut?

[@rodneywriter]

I hope you got over Covid and are feeling better. :)

[@Pinabasone1]

Absolutely not, she did something wrong she should pay back the amount she made. I think she learned her lesson. It was genuinely nice of Luke Combs to handle the situation as he did.

[@celtpro]

No empathy for this person or any other person that sells items that they do not own the rights to for selling purposes. Totally agree Sarah, she should have used her talents for legally selling merchandise that does not break any copyright laws.

[@pastoryoda2789]

How did she even get on Amazon? I’ve tried getting in and got put on hold.

[@WholesaleTed]

She isn't in the Amazon Merch program. She is doing POD herself. You can also do POD on Amazon with Printful.

[@shahjehankhan151]

I hope you feel better

[@itsmee6104]

When selling print on demand do you have to list your print providers & do you have state that you are doing print on demand in the description?

[@lynn6799]

I see tons of copyright violations on etsy. Amazon too. Even silicone molds that I can't verify are properly licensed to be made. So, I can't buy them to make products from because I don't want to risk getting sued.

[@brian8431]

It's about time they are doing something about this. it will make it so that those of us who are actually artist or graphic designers a fair chance at making sales for a change.

[@shawnhicks619]

This is why everything I make and sell I pay royalties for the right to sell. But I have a hard time selling licensed products against the shade tree producers that are selling the products cheaper. But im also not worried about getting sued either. The worst thing I’ve ever had happen is WB sent me a cease and desist on some custom 3D printed wands I designed, printed and sold advertised as magic wands. I was able, remarkably, to clear the issue up. I provided links to the ads, detailed photos of the wands and even sent a few wands for examination. Didn’t have to go to court or thankfully retain a lawyer but I was worried for a while.

[@radicalsweetness1518]

Feel all better soon dear.

[@elimelart]

Where i can look for quotes, fraces if they have copyright?

[@user-ur6jv4wv9r]

I'm sorry, but she was wrong. Too many people think that they will not go after the little guys. I put my stuff in a craft store for a while this year. Even the owner was selling copyrighted/trademarked items along with a lot of the other artisans/crafters in the store. When I asked the owner about it, she said they're not going to worry about her store; they only go after the big guys. This attitude only encourages this to continue. I turn down work when someone asks me to do anything that is copyright infringement. One such potential client thought I would do it since I am a home-based business. It may have been a large sum of money for this woman, but I feel this woman is not getting penalized at all for her actions. And I think Luke Combs put out a message that it is okay to do this sort of thing if you are a small business! And don't you sign an agreement with Etsy (and the new Michael's Marketplace) that you will not sell these types of items? Isn't that a breach of contract in itself? Thanks for letting me sound off.

[@moumoun7]

I once had a person ask me (as a photographer and Photoshop enthusiast) to upsize/retouch a digital file of a painting from a living painter (so not a 'public domain' art piece) and have it printed super large for him to display in his home! The nerve people have is unreal. Of course I declined. Someone else with no morals might have done it. But Ethics is my middle name.

[@lory2videos]

Agreed 100 percent

[@shawnhicks619]

The 3D printed items I sell at local toy stores and comic shops all require I provide proof I have the right to sell those items. I like that they are keeping me honest and keeping the riffraff out of the store.

[@TheSageisBack]

I'm glad he was so generous with the whole situation. I do think that the laws need to be re-written with the layperson in mind so that before any legal matters are processed through the courts, copyright holders must always first issue a cease and desist warning. These laws can get very complicated, so the average person is not like a massive corporation which often have whole legal teams on hire to help them properly navigate what to and what not to do.

[@angelarenae4188]

I have sold on Amazon and if you are selling something you should NOT be selling, the brand will contact you. Either by email or letter in the mail. If you do not remove or take down…then the brand will move forward to sue you. I see A LOT of people who “think” these letters are from other sellers or just not real. I bet she got one, didn’t understand and then…boom sued.

[@22ark]

What an awesome story and that dude is a hero. Made me tear up.. Right on to him!

[@FinancialFinesse00]

Its really not that hard to take the time and effort to make original stuff especially when Wholesale Ted is giving away that nice ebook for free thats really helped me with my print on demand business thanks great helpful video

[@margarets4610]

This guy has a heart. So to all wannabe copycats this will serve as a lesson!

[@Travel-me-up]

wish you quick recovery before CHRISTMAS and all the BEST, greets from GERMANY 😎

[@LilytheContessa]

I pray you are feeling much better now. As to Nicole's situation, I believe that this is done as a matter of principal, this story was seen by a lot of people, now sellers are aware. Do your homework and do it right to avoid huge losses.

[@digvidguy]

Yes Sarah, I agree with you, the punishment definitely didn't fit the crime. But those large amounts law firms sue people for, also act as a deterrent for other people that would/are selling counterfeit goods.

[@John_Conner222]

I'm glad that they are going after people doing this but you are right they are going too overboard in my opinion. Most of the time its companies overseas who don't care so that's why they go so hard. It's difficult to tell who is a small one man shop versus a corporate these days raking in millions of illegal profits. She is a fan that got caught in the net and it goes to show that social media can have a positive impact because Luke would have never found out about this if it wasn't for social media. His company would have kept this lawsuit from him. Still though I think she should receive a temporary ban like a week or so and confiscation of the profits. If the lawsuit had continued with the $250k upheld I would have gone after them because you are right the punishment does not fit the crime and it turns into a racketeering crime on the legal team.

[@anissahooks1081]

Get well soon “I love you 😍 “ your words and work helps us poor ppl… have a vision if nothing else

[@neilhorner9197]

I hope you get over your Covid quickly and feel better soon.

[@MyCamouflagedLife]

Feel better fast!!!