Etsy to me feels ruined, because people are using it as full incomes, and businesses. Reselling things from stores and claiming its yours, its gone insane! Etsy was meant to be the handmade Ebay, a marketplace for crafters, not people targeting audiences, ripping off copywrites left and right, and doing anything to rip people off for a buck!
what’s wrong with people using Etsy as a full-time business to earn a full-time income? What are they only supposed to make a part-time income? I don’t understand your statement. I understand about the merchandise that they shouldn’t be selling namebrand merchandise as their own but why can’t someone have an Etsy store earn a full-time income?
The issue for me is that so many sellers are reselling wholesale products instead of creating their own handmade items. Doing so is against Etsy's policies but Etsy doesn't enforce it. It feels like I might as well be shopping on Amazon.
As an artist myself who has to fight the countless people and companies illegally using my copyrights and trademark nonstop, often times willfully, I do not have any sympathy for this woman. "I was trying so hard to be successful on etsy." - Her words. How about trying so hard to be CREATIVE and come up with your own designs? This world is filled with people who want to make money off the success of others and when they steal someone else's copyrights and trademarks it is illegal. Period. I think most people like her know exactly what they are doing, then cry publicly when they get caught, to try to get people on their side. I will defend my copyrights and trademarks vehemently. Videos like this one you are sharing are important. Thank you for doing this video.
Exactly, she is right “Cruel Summer” is a phrase that is actually very hard to copyright. The problem is that she put a target on herself. Etsy decided she was not worth the risk because she was still near the line.
I was just involved in a FB discussion about this last week. An Etsy seller inquired about selling licensed images printed on cards, tee shirts, coffee mugs, etc. I was appalled at how many others in the group advised her to go right ahead. When I commented that to do so is illegal and could result in her shop being shut down, I was practically "booed off the stage." "Everybody does it" was the general consensus. Yeah, maybe a lot people do it and get away with it . . . for a while. As this young lady learned to her sorrow, such actions do not usually lead to a happy ending for the seller involved. I'm an old "play by the rules or get off the court" seller, and the people I coach learn this very quickly. I feel bad for her, but she didn't play by the rules, even after being warned. It's hard to have much sympathy. It's not like they just shut her down with no warning, after all.
I'm curious do you know if it's ok to use licensed fabric in products. If you buy the licensed fabric to make a quilted lunch sack, can you sell the lunch sack?
@@walkawayheatherene341 No. You cannot re-purpose a purchased licensed item to make and sell a new licensed item. Period. ie: You cannot buy small licensed Dallas Cowboy crests, sew them on to generic sneakers, and then sell them as Dallas Cowboy sneakers. *** IF YOU CREATE A PRODUCT THAT A REASONABLE PERSON WOULD ASSUME IS LICENSED, YOU ARE BREAKING COPYRIGHT LAWS. *** (I would make that bold and 2” tall if I knew how . . . ) If anyone is wondering whether to risk it, just Google how Disney or the NFL protect their brands. It’ll scare the cr@p out of you. They will regularly go after random violators and bankrupt them just to make a point and hope others notice. A) Their lawyers are bigger and more ruthless than your lawyers. B) The courts will always side with them. The legal system is set up to protect copyrights and patents. C) They will seek damages based on the maximum number of products you may possibly have sold (no paperwork required), PLUS the maximum number of products you could have potentially sold in the future PLUS damage to their brand by your inferior products. The NFL will go after you even if you just use team colors to SUGGEST an official product. No logo required. People just don’t seem to take this seriously, but you are risking your savings, your house, and future earnings by reappropriating Mickey Mouse or a New York Yankee logo.
@@walkawayheatherene341 I actually just found the answer to this today for my shop! Yes we can, under the "First Sale Doctrine." The law allows sellers to resell licensed products that they legally brought from a shop that paid for the licensed. Think of how shoe resellers can buy and resell Nikes, Adidas, etc. So using fabric from Joann/Michaels is good because they paid for the licensed. Using fabric from a random shop on Etsy or Alibaba that probably didnt pay for the license, no. Two points that I saw made on another thread is: 1) You have to be very particular about how your word your product title. Someone explained it as (you cannot sell a "Harry Potter face mask" but you 100% CAN sell a "face mask made with licensed Harry Potter fabrics"). 2) They recommend putting a note in the description that the intellectual property and related imagery belongs to someone else and that you are not associated or in contract with them.
that's why it's better to live in buttfuck-nowhere-land if you want to sell copyrighted stuff; if you live in Laos, nobody sues you; good luck closing my shitty store registered in Luang Prabang;
I am an artist, and I really want to sell my paintings and my friend's handmade crafts on Etsy. However, I am very afraid. I see many people on Chinese social media claiming to have tens of thousands of Etsy shops. They teach others how to deceive Etsy, how to pretend they are living in the United States, and they even sell these shops for a certain amount of money. I feel really upset. Why is it that those who genuinely want to become entrepreneurs can't persevere until the end, while scammers have so many shops?
@@righteouswalk8128Absolutely, she wants to earn money selling someone else's hard work. How does a person not even make that connection? That's a person who should not be in business.
Just because you can print screen, it doesn't mean that you should. It belongs to the person that created it. Even fabrics sold by joann's says "for personal use only@kateberger6242 I had a friend who got her Facebook page. Shut down because she was using NFL & disney princess images
I'm actually relieved to see this. I want to start a shop where I will be selling 100% original, handmade, one-of-a-kind junk journals and cards, but I keep bumping into "horror" stories about Etsy, which makes it sound as if Etsy is at fault. This woman clearly and knowingly ripped off copyrighted material. Despite the tears, she, herself, admitted it!. It's actually kind of reassuring to learn that Etsy has standards it upholds. Legally, it would have to have suspended her.
Concur. The one thing I’d warn you about is that Etsy uses AI to manage policy reviews to a fault, and as a small seller you have no recourse if a mistake is made.
Not sure about Etsy but other marketplaces like Teepublic can shut you down for no legit reason. Glad it happened to me before I uploaded hundreds of designs. Better to promote in your own website.
So, my question is, where is the line drawn? Junk journals typically have elements that are produced by companies, and/or sellers who design their own offerings., what is and isn't okay? It's just very confusing because artists use things produced from other companies and businesses, where is the defining line that makes it original? I was involved in a debate similar to this in the mid 80s because I did craft shows selling dressed teddy bears. The guild in my city tried to decline my involvement because I didn't make the bears, but I decorated them. I had to appeal. I said the bears equaled a canvas for a painter. No two bears were the same, as far as my work on them went. I won that appeal, and continued to show with the guild.
I made this mistake when I first opened my Etsy shop with a Harry Potter design and I learned really quick to avoid anything trademarked regardless of how many other people sell it and get away with it. Sales certainly are slower for me, but it’s better than worrying about being taken down or worse getting sued.
I'd suggest not making any money for JK as well. Od auggest doing what people at Disney does, so they dont look like the characters but you know what they are referenceing. Also remember that color can be trademarked when it comes to a business.
Hello. So you were allowed to continue selling on etsy? I was permanently banned after just one month on the platform. I appealed my case and they said I am not allowed to return.
I got a cease & desist from Warner Bros over some Harry Potter stuff on my Etsy shop. Within seconds I took everything down that was even remotely trademarked and started again. I’ve been fine ever since. No issues. This chick was told and continued selling stuff. On Etsy you get 3 strikes and you’re out. Sounds like this girl had 10 strikes
Exactly like she said the sweater thing was her best seller she only did this by copying others and threw in a few of her own designs but yet I found she only had 1 original 🤔
Yes people who want to try to oust you will try to get you removed so they can get all your business. It's crazy but I hear changes are coming. Maybe it's getting bought out? Who knows.@@CCAnne
Yet I saw a shop with 40k listings yesterday with huge revenue and they sell a ton of copyrighted trademarked images on their shop. Yet they don’t get shut down. Why? Because Etsy doesn’t want to lose that successful shops revenue. You can’t convince me that they can’t take a bot that can search Mickey Mouse or other trademarked images and shut those shops down but yet they don’t! There’s a ton of copyrighted infringement images on Etsy yet those people continue to thrive and even have a best seller badges.
There ARE legitamate people with partnerships with Disney, etc. Karen Hallion is one person who comes to mind - her husband too. Leilani Joy is another artist - her art has been featured at Disney. But you are right that Etsy seems to pick and choose what part of their TOS they enforce and don't. I can't tell you how many drop-shippers I've seen selling the same cat tree - using the same exact photos that Amazon has and selling the item for 25%+ more than Amazon...not get taken down because they are STAR sellers and probably making Etsy a ton of money. I've reported them en masse and nothing is done. Etsy is not innocent in this at all.
Thanks for pointing out those people. I just look at the cost of partnering with Disney and being able to get a copyright amount and for most that are on there I highly doubt they do it but I don’t assume that all are copyright infringements as you said.
Easy shuts down the small shops so it looks like they are enforcing the law but leave the big shops open for the money. Easy uses the sellers to make money. Easy exists to make easy rich. Not you. Just make a new account and sell again.
As an artist, I'm REALLY happy Etsy is going after copyright infringement. I am SO tired of people who troll social media, copy something someone else created and sell it for a profit. Hey, if you don't want to put in effort to create something unique, you have no right to profit from it.
Don't forget that corporate lawyers and content thieves send out bullshit copyright/trademark claims all the time, in hopes of scaring folks legitimately using the English language/their own music or art from using a particular phrase/music/image that their client doesn't have copyright/trademark on.
I make and sell jewelry and use tutorials and patterns besides my own designs.....I have always contacted the company or designer and gotten permission to duplicate any of their copywrited property . I keep all of these in a file........I would never copy someones property with out their express consent
@ lolitabonita08 that’s not remotely true. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work but you can do that whenever.
I JUST saw something like this. A maker was featured in a RU-vidrs channel and I noticed that what she was making were popular characters. She made a comment and me and another couple of people were warning her on it that you can't do this and expect the copyright holders to be ok with it. I will never understand why people just jump into something without doing ANY research!! That or they use some random person's advice instead of actually looking for advice from the lawyers that deal with this type of thing! There is a WEALTH of information out there that is totally FREE and NOT hard to find!! The fact that the girl in the video didn't take a step back and really take stock of what she had in her shop after getting ANY copyright warnings blows my mind!
She made thousands of dollars, so for her to want people to feel bad for her is kinda laughable. I am building stuff made by hand to sell on Etsy, yet see others making hundreds of thousands of dollars selling Disney and other licensed stuff not get taken down. Selling licensed items and AI generated artwork on Etsy is brutal and I'm glad as a handmade artist to see Etsy taking the steps to close down things for people who are profiting off of others hard work.
Right, I feel like AI is a little different because it's so random and unique and it can be used to design things but when you start taking big things like Disney and these licensed lyrics and using them as your artwork yeah you can't get around it for long. Some are is just made for commercial use like people do have things like that and they should do more research I'm starting a business and I will probably be using AI in some of my stuff to start off until I can afford my own tools and space. Gotta start somewhere. 😂
@@pottymouthedplanteryeah I was just saying I'm trying to get into small business and designing things and I was seeing a lot of that too and I just thought it was alarming I was like there's no way they're getting away with this at least not for long.
Scott, thank you so much for being gentle, compassionate and real all in one! I don’t see it as a shortcut it’s more of like “she/he is doing it why not me!?” 💔😩
I've had my very personal artwork intentionally stolen by another "professional" and it hurt like hell to know someone would stoop to this level. As for Etsy's "holier than thou" approach to their shops, it's hypocritical! They allow plenty of Chinese-made goods to be sold, and you have to know that they aren't individually crafted---they're made in underground sweat shops in Kowloon! I've seen them. As in all areas of merchandising in the U.S., these goods can be sold for pennies over American dollars. Etsy needs to clean their own house before going after anyone.
I thought my biggest problem in doing art through Etsy would be making something look too similar to another person's art, like for example kawaii polymer clay charms. They tend to look similar because most people choose pastel colors, simple cute faces, and rounded shapes, the margin for ending up close to "copying" someone else's work without ever once even seeing their work is very likely. That's what i fear, that someone would come at me saying i stole their work when that style in art is very tight, there's always going to be people making the same looking things because like i said, pastel, cute simple faces, rounded shapes! I never once thought to take quotes from actual celebs or using the same names as established artworks o.0 That's common sense! Now i feel better about getting started, i'm sure my worst fears wont come down on me that much because that is a situational thing, she directly copied quotes from people.
Please. There are billions of famous quotes that are not copyrighted. Things Albert Einstein said or Marie Antoinette or whoever.. those aren’t copyrighted. Why should someone get in trouble for using a Taylor swift lyric or quote but not those others. Cuz she’s being GREEDY.
@@ericapaul7989copyright runs out. After death it will last for 70 years. That is if the next of kin claims it. If not, then it becomes public access. The next of kin can also choose to release it for public use even if they’d claimed the copyright. Seeing as Taylor swift is still alive you’ll have to wait until she dies and hope next of kin doesn’t claim it before you can use it commercially. Or hope she releases it for public access before then.
this happens to me once. someone filed a copyright trademark strike on one of my Etsy items claiming I stole his artwork. I filed an appeal with Etsy and after a few days it was resolved. the strike was removed, and he got a waring for making a false claim. it sucks but as long as you got proof you aren't stealing and that the style is just a common popular style you'll be ok.
I have deep empathy for her shop closing and the financial impact it has on her wellbeing, BUT - she knew better. She was warned and the money she made kept her in it and helped justify her decisions to keep something because it sold so well. There is always a price to pay to be be successful and unfortunately she got it the wrong way. Her story should heed a huge warning to people currently selling items on Etsy they know is copyright from Disney and so many others. If they are making money from it - that’s why they keep selling it. Trust and believe they all know what they are doing.
💯💯💯 I'm not as kind as you are. I don't feel bad for people who KNOW what the rules are, receive WARNINGS, and DELIBERATELY choose to continue on anyway. The consequences are on her.
But, "Cruel Summer" is a phrase. It was a Bananarama song when I was a teenager, and I am pretty sure we used the phrase subsequently. "God Only Knows" - many, many people say it. It's also my wedding song (Beach Boys, covered by David Bowie and by Neil Diamond). If I came across a shirt with that phrase in my regular life (i.e., not searching for it), I might buy it. Is Brian Wilson going after the artist? I have respect for the copyright process. I'm asking out of curiosity and not as a challenge.
It's more then that. It's not just the phrase "Cruel Summer" . She had a whole product line with copies of Taylor swift lyrics with color and graphic designs that were copies of Taylor's. She even included the initials T.S. on the shirts after the lyric quotes. There is an obvious line and she went way past it.There was clear intent. Don't be overwhelmed by the tears, she knew what she was doing.
This is a great video & breakdown! It's insane how many artists, designers, and makers do not understand copyright & trademark laws (or even other basic concepts like taxes) before starting a small business. Over on r/EtsySellers, it seems like every other post is someone wondering why their listing for (insert trademark protected brand here) was taken down or they received a legal notice and have no clue what to do. I also hear it's pretty much impossible to start another Etsy shop after you've been permabanned.
Why would she not know that all lyrics (other than very old songs) are copyrighted? That's pretty much common knowledge. I think she was either deluding herself or hoping she could get away with it. It was bad enough that she used the lyrics, but adding "T.S." was really stupid. Taylor Swift didn't give her permission to use her lyrics OR her initials.
That's what makes me not have any sympathy. The phrase by itself, maybe she could have gotten away with. But the phrase alone wouldn't make it "Swifty" and get people to buy it. She included T.S. knowing that putting the full name would be caught immediately but she still knew she was using someone else's fame, name, and words to make the sale.
@@thistlepink7158 I don't think so because it is a different enough song lyrically and melodically. However, if Swift's people could prove that this shirt is selling because of the popularity of Taylor's song, that could be a sticky situation. It seems like a common enough phrase, but with the phrase being so popular now, particularly because of Swift, I do wonder if that would be proof enough or not. But unless they actually take someone to court over it, I don't think we can know.
I have said hundreds of times...you can't spell awesome without me. Way before Taylor Swift wrote a song with those exact words. Like seriously! Freedom of speech!
I wish etsy would police this better. It is flooded with Disney, prime, marvel etc there's thousands of people selling this stuff. Which makes it harder for original work to be seen.
I don't know anything about ETSY or sales, etc., but I do know common sense and I've heard this similar vibe from people many times in life. It's really more of the "I'm truly sorry I got caught", rather than "I'm truly sorry". Before she got shut down she probably was saying things like "I'm not the only one" and "if other people can do it, I can do it" and "they will have to shut down hundreds of people if they come after me", etc., etc.. Well, this is what can happen.
I hand draw my own artwork and put them on hoodies. My account get permanently suspended. I see other sellers using my art that i hand draw myself. And they also take my images i use in my post. I get suspended as the creator. But people that take my artwork and use it. They dont get banned. So what happened there?
I wonder since you made drew them and sold them. Could someone have purchased your designs then copyrighted them since you didnt then report you? Etsy not wanting any trouble or wasting any time deletes your account not caring if you're the original creator since your still so small for them to worry about you having the funds or time to sue them and even if you do, they may just offer you 3k knowing you'll most likely take it to put nice rim's on your $500 vehicle. My point is there are threats who have money stealing and copyrighting what poor artist cant afford to do initially or even know how to navigate the laws to fight back or clear to what rights they have.
@@esthert9146 Do you mean the Etsy seller? I agree about the be better part, but I think Etsy is a real job. There are a lot of people making good homemade products that carve out a respectable living for themselves. I’d rather support that, than big companies who are just making us sick and screwing us out of our money. Just my opinion, but I respect yours as well.
Etsy IS a real job. But otherwise, I agree. People are trying to make money and leaving their morals and brains at the door. But selling on Etsy is a legit job and business.@@esthert9146
In the 70’s McDonalds went after a multi generational mechanics garage in rural Ontario west of Kingston that was called McDonalds garage. They actually forced them to change their name which had existed long before the fast food franchise came into existence. Things have obviously gotten way out of hand since then.
I don't know what to say. She had received repeated warnings, it was not just those trademarked common phrases that made Etsy shut her shop down, but it was a result of ALL copyrighted/trademarked stuff she listed in her shop. Her design had the song lyrics and even put "T.S" on the clothing, so it was not a gray area it was a RED area. Do people these days still not know that lyrics of the officially-released songs are registered and copyrighted, and profiting off someone's brand/name and popularity without permission/license is just not right? I've seen many people complaining about shops selling copyrighted stuff and blaming Etsy for not shutting them all down. But the thing is, Etsy can only take action when the copyright/trademark owners report them. Some sellers actually have licenses to sell those things legally. And those infringing sellers who are still in business, just remember that their doomsday has yet to come. I hope people can learn so we wouldn't have to listen to another weep story.
correction, its not that Etsy CAN only take action when things are reported, its that they WILL only take action when it is reported. They know darn well that there are all manner of counterfeit goods, trademark issues etc on their platform but they have a legal disclaimer that if people run infringing goods then it's on the seller. It's kind of rotten really because it allows them to profit from fraud until it is reported, a nice legal loophole, and the presence of those goods makes other people think they can do it too... hey not our problem....
From many years in the music business, as a heads up, we have people working daily searching for copyrighted, trademarked infringement, etc. I personally never take the time to look for things like this but, those in the business that control likeness, etc. have a huge interest in things like this. This can and would cost Etsy and the seller and other millions if caught. They aren't playing one bit.
It's very hard for me to feel sorry for her. She was stealing. There is no other word for it. She stole from the people that owned the designs etc. Also she stole from people who are following the rules and working OH SO HARD to build honest legitimate businesses. I am enjoying my Etsy business and I play only by the rules. It bothers me that almost all listings on page 1+2 are licensed designs items. Again they are stealing from honest people. Etsy needs to put their action where their rules are!!
I do appreciate her willingness to share her story. She mentioned a phrase, Spooky Season. I had NO IDEA that was a copyrighted song title. I just thought it had become a common saying like happy Halloween. I had dozen of designs that needed to go. I would have never known they weren’t legal. I hadn’t thought of songs being copyrighted. I should have, I’m married to a musician. So much emphasis had been put on trademarks and famous faces, I just hadn’t thought about the music aspect of copyrights. Her honesty about what happened to her saved me from accidentally making the same mistakes.
Well... It didn't sound like she was being malicious. I would rather support her as someone who made a mistake and learned from it rather than someone who immediately decides who deserves sympathy, empathy, or anything else. You figure it out. I made a shirt with something on it that Etsy took off, but I did my research and couldn't find anything like it. Apparently, there is some kid thing with the saying on it on Nickelodeon... I don't have any small children, so I wouldn't know. Words are difficult... There's nothing new under the sun. It's like an island. How do you own an island? How do you own spooky? Anyway, the shirt I made was pulled from child sizes but not adult. I just got rid of it... but again, I'm not judging. I hope she rebounds. You? Nah...
This to me, is common knowledge, after watching and listening to her, she already knew in her gut it wasnt going to go well! people really need to start listening and following there gut instinct! As an artist and designer myself, i would never cross these lines, just because! i feel if you do not think you can create something unique and different, maybe you need to go back to art school, or brush up on your technique. Do not do to others what you would not want them doing to you! we all take pride in our unique qualities, and to some this is a legit thing, while to others it is about the money!
Even more than your solid advice, thank you for your compassion regarding her feelings and for the reminder that we ALL fail; we all screw up... moving on from it is what matters.
The ones that get shut down are usually because the owner of the image/name/artist/lyric etc have their own people checking for online sales of their stuff. They then report it to Etsy and Etsy will take you down. This was a big topic several years ago and seems the next generation of sellers is going through the same issue. Don’t be tempted unless you are willing to loose it all on Etsy.
So, long story short, she copied titles or phrases from famous singers. Yeah. I don't understand why she thought that was ok. So to save you time, don't copy Taylor Swift (should be obvious). I mean, come on. So obvious.
Etsy is turning into Amazon where they seem to pick and choose. If Etsy was fairdinkum about this, 100’s of stores should be shut down but no it doesn’t happen. Now Etsy are shutting down sellers who have been using mockups, no warning no nothing. Is it worth the time and effort to take a risk on Etsy? Better off getting a shopify store and have control.
Shopify was not responsible, it’s not like Etsy or eBay, shopify is just a website builder and payment processor. There are a lot of big names who have websites built on shopify.
I don't think it's always Etsy's decision. It sounds like these big enterprises are making sure people are following the TM and copyright laws. They have people scanning for breeches and many top-notch lawyers ready to sue, which they have a right to. People pinching other people's ideas deserve to get caught. It can be hard to do your due diligence, but she was ripping off huge brands. She got caught and she's literally crying foul when it could've been so much worse for her. God, I hate people blubbering over something that's their own fault in a public arena like the internet about nothing much. It could've been worse; she could've been told she only had six months to live like what happened to my sister's friend who died 5 weeks after his cancer diagnosis at the age of 52. His funeral's today.
The most amazing part of Etsy, choosing to cancel peoples shops for copyright, infringement or trademark infringement or anything like that they will take your money to market the item and make all that marketing money plus the regular percentage off of each item after they’ve made a certain amount of money off of youthen they will cancel your shop, but they want to make money off of you
She wanted to be successful at stealing because her own designs were not selling, that is how we learn from failures. I had a client begging me to use a President's Trademark (starts with M and ends with A) name on my product, and yes it was going to go on a red cap but for pets. I told her no several times she wasn't going to stop, so I gave the excuse I had a hard time getting red to turn out correctly so it wouldn't look right, she still wanted me to do it. So I finally said I would try to make it work and every time she asked I always had an excuse, after a couple of months she finally stopped asking. I was not going to get sued for a few dollars of profit.
Is there a reason that you didn’t just straight up tell her the truth? That using any slogan or even political acronym like MAGA (I’m not political & that’s irrelevant to the issue anyway) could get you into trouble and you can’t take that chance rather than making excuses? Or was she still asking after explaining copyright laws? Just curious because I’ve had people ask me similar things as well and like to know how others responded. Communication isn’t my strong point.
@@GlimmerGloom I did tell her the truth that is was a trademark logo at least 10 times. She did not care, she kept emailing me until I finally gave the excuses. Like I said in my message I told her no she didn't care if I got in trouble. She was going to take her dogs to the rally. I told her to understand this was trademarked and I would get into trouble. She said she wouldn't tell anyone.
I believe it's important to remember that we all make mistakes in life. None of us are perfect, and it's through these experiences that we have the opportunity to grow and become better versions of ourselves. Instead of criticizing and judging, let us embrace empathy and compassion. She has shown great courage by sharing her story and offering her experience to help others. It takes strength to admit our faults and use them as stepping stones towards personal growth. Rather than tearing her down, we should appreciate her willingness to learn from her mistakes and help others avoid similar pitfalls. I believe that Scott’s intention in showing this video was to educate and inform. Peace & Love
I am baffled by all the people in these comments preaching empathy for her because she made a "mistake". Stealing other people's work is not a "mistake". It's deliberately doing something wrong.
Aside from the Taylor stuff. The spooky season is probably a direct Canva rip of art. I’ve seen that exact design. You have to change the art if you use Canva pre-set designs.
She keep saying "I should've known better" ....No, she actually knew better, but she chose to take the risk and now is suffering the consequence. She's crying because she got caught.
Everyone on etsy knows better but they are doing it anyway because they have been allowed to DO IT BY ETSY! Etsy doesn’t give a crap all they want is their cut until YOU GET CAUGHT!
@@elianaisraelnc7904 She made a choice. She got caught. If she were following the rules like most people, she would still have her shop. Play stupid games, you win stupid prizes. Etsy is not to blame for her poor choices.
If you can’t create your own work, your own ideas, then let that be an indicator you’re not being successful, you’re copying. Don’t feel a bit sorry for someone that thinks it’s ok to be a half ass creator. Don’t make excuses for yourself, move on and create something that’s authentic and not already out there.
"Writers" so that crap all of the time. P!sses me off. I actually went to school and got A's and worked my way up to getting published. They want to copy and paste and get offended when you cite them for plagiarism. No one wants to work anymore.
Wait, she said at the end that she used someone else's design on top of the other stuff and thought it was ok because they had it on clothing and not candles or vice versa. She thought it was ok to use the design on something else. Really. Like if i used a nike logo on a candle? Sounds ridiculous but sounds like what she meant. I have always loved etsy for handmade items. I love to see the creativity from people. I have only been disappointed when i bought something and believed it was hand made and got it and it clearly was massed produced. I couldnt send it back because the store closed and didnt hear another word but the things i buy are often weird or different and usually unique. Also patterns and tutorials. I buy those. I tried to sell on there years ago but trying to sell my hobby ruined the hobby for me. I just wanted to make what i wanted to make. I was working full time and i went back to doing it because i loved doing it and not to sell it. I know that etsy supports a lot of people with real talent. Just as they shouldn't let sellers rip off other people, i think mass producers also rip off the smaller sellers too. Bad apples ruin it for everyone.
No she said she used a phrase and checked if it was trademarked. Usually you can use a trademarked words or phrase if it’s not the same category and not super unique. In her case the phrase was copyrighted for dog accessories or something and she wasn’t selling anything dog related. Usually that’s how it works however she likely got booted just because they didn’t wanna deal with her after all the strikes
@@evileyez504 I feel like Denise and I heard the same thing, but I could be wrong. At the end when she shows Spooky Season and the Ghost, she then shows the sunflower and says something like "I even tried using my own designs", which kind of implies the pumpkin design and ghost design weren't hers. She doesn't outright say that, so we cannot be certain, but it is little nuances like that that sound like she thought she may be able to do that when she couldn't. Again I could have totally misunderstood both the video and this comment, but it was making me wonder as well.
Well considering that there are HUNDREDS if not THOUSANDS of people Right Now on Etsy that are STILL selling trade mark products. Im sure she was thinking that it was fine. So it looks like Etsy is just cherry picking who they do this to. You know what would be great...If they actually shut down the shops that claim to be "handmade" all while listing the garbage they buy from Ali Express as "handmade". What a joke.
I had messaged a new shop I saw selling Disney stuff and she literally didn't care. She just said, "Oh it's fine, they're my own designs." Some people just do not get it.
She was mixing Trademark and Copyright. There is no such thing as copyright for a particular niche. Copyright applies for all reuse. She didn't understand that point.
@@brandcreatorswould you SRSLY … delete every product you have if you got something from Universal tomorrow? How would that be viable for someone like you who has had success bc I bet this could come up for lots of sellers with a bit of success.. even a lot of success for that matter
If I had anything that was in violation of someone's copyright or trademark, yes I would absolutely delete it regardless of how much money it's making me. That's not even a question. We purposely go out of our way to not infringe on anyone's copyright or trademarks and have even discarded several product ideas that we thought were close to breaching that line
@@brandcreators I must have understood you to mean you would (hypothetically) be throwing out all the listings of your shop, if they were looking that closely at you for infringement- just to be safe. I totally see your point.
I saw this video. Even in the comments she is sticking to this "it wasn't in the database". I responded to her that it doesn't have to be registered to be copyright or covered under intellectual property laws. She is lucky she didn't get sued. The music industry is notorious for coming at you full force. People want to to say etsy this and etsy that, but they have to protect themselves. If they don't take immediate action they are now in a position to be sued. People don't do their research, they know nothing about copyright, they get strikes cease and desist orders and don't pay attention and then want to cry that it's Etsy's fault and they had no idea why their shop was shut down. She is extremely lucky her shop is all she lost.
For one to be sued, it has to be registered. If not registered, you have to prove you own rights to it. If she wrote or paid for someone to write a song, that is different. As for a saying one says can be a stretch for rights .
Promise you had Taylor Swift suit her she would've won by she I mean Taylor Swift, because songs and all the lyrics inside of them are copyrighted. She will lose one because, at the end of the lyric, she literally put -TS but also if you create a product and it is very obvious that it was made under the assumption that you would profit because of the popularity due only to its connection to an artist than its illegal, so it's not that sayings can't be used. they cant be used in a situation in which the seller is piggybacking and profiting off of the popularity and success of another individual. intention is everything
@@michaelw1665 Common sayings, sure, but both of the shirts she showed were lyrics, so I don't think any defense would have held up. I think Cruel Summer would still be able to be argued as copyright infringement because of the current popularity of the song, but I am not a lawyer and cannot know for sure, of course.
I think Etsy needs to run an online course about the legalities around Trademark and Copyright items before people can open a shop there. Then sellers would be aware up front, and it would be less likely they blame Etsy if it all goes south!
I like to look up other crochet patterns that I like, and think that they might sell. However, I ALWAYS, ALWAYS ask the Seller if it is okay to sell what I make, from their patterns. Sometimes, they allow it, and other times they says, "It is only for personal use". I ALWAYS obey whatever they say. Because, just because other people may be selling what they make from other people's patterns, that doesn't make it right.
It's only off-limits if someone trademarks it, and clearly they haven't. Stop giving out false information as fact. You don't even know the difference between Trademark and Copyright, so yeah, just stop.@@brandcreators
I see this on Etsy all the time! Once an artist creates anything……. it is copyrighted. I have trademarked and copyrighted my own designs but I see people copying them anyway!
that is not true. In Canada Once you create it you have a copyright. If I write a song its copywriter, upload a video its copywriter. I can choose to register it to make it easier to take down others but I don't have to
@@DaniAlexandria yes photos and videos sure as long as your video does not have copyright music, but if you designed something and did not patent it or copyright it anyone can use it that’s why those investors on something or other Den always ask if you have patent your product because anyone can replicate it and then patent it as their own
In the future there will be no phrases left because everything is going to be trademarked or copyrighted or someone in some language said it once. If you aren’t aware of that artist is still not allowed! So how can you be sure? What if you invented something but someone else did too? So hard. :/. How do people do it? I’m soo afraid to start because of this.
What is the best way to find out if something is trademarked/word marked/copyrighted? It seems as though many phrases are obvious to stay away from (like most of the ones referenced in this video from this seller) but there are also just a lot of common phrases or words that we could put together ourselves, thinking that it is "unique" when really someone else already has used it and/or is currently selling products with it.
Like the video, thanks. My friend who is a poet was very upset when he found that people were stealing his copyrighted poems and putting them on plaques, mugs, canvas etc. and selling them on eBay and Amazon. They are probably being sold on Etsy.
I don’t feel sorry for her whatsoever. It’s called follow the rules. You are stealing from others. Not ok. You only failed because you were cheating. We learn this in elementary school.
It's hard to gain traction on Etsy, and Swiftie products are hugely profitable (based on Everbee research), so I feel bad for her as I was tempted to use song lyrics for a while but thought better of it. However, she was warned several times to take specific action and didn't comply. Therefore, what did she think was going to happen? It's baffling that shops are allowed to make thousands on products before Etsy pulls the plug (they are also at fault as they're making a killing on transaction fees). Wouldn't it make more sense for Etsy to filter keywords and listings to block trademark infringements when sellers list a new product to PREVENT people from losing their livelihood?
it would be cool if the keywords would go red or green based upon IP databases like TESS. why aren't we advanced enough for this, i'm sure I don't know.
I think a very reasonable argument could be made that products like everby should have a block list of known trademark and copyrighted terms so is not to inadvertently encourage this sort of stupidity.
Yes, on one level it would make sense if Etsy was more proactive about IP, but doing so beyond a certain level jeopardizes their legal Safe Harbor status as a platform, and opens them up to liability from Disney, TS, etc. for infringing listings the Etsy-bots will inevitably miss or haven't caught yet. But Etsy could nip at least some of this in the bud by requiring new sellers to go through some sort of on-line training module and pass a test before being allowed to open up a shop - training that explains clearly what IP infringement is and the possible consequences sellers face for violations. This could all easily be automated. Of course, some people will always think they're smarter than the average bear and try selling this stuff anyway, but they can't then boohoo that they didn't know.
I find it hard to buy the whole ‘I was just trying to be successful’ thing. It’s a pretty self indulgent stance to take when you’ve been profiting from other people’s Intellectual Property. Maybe she’s just really young and naive, but there’s not much remorse here in terms of having done the wrong thing, it seems more about the inconvenience of having her store shut down and that revenue stream cut off.
As I was ramping up my shop research and such, I was floored by the number of page 1 bestsellers that were all infringing on copyrights...And to your point they were rolling in the sales...but it is all a mirage and though I feel for this gal, she didnt do her due diligence enough and this is the result. I just hope the really big sellers that are all ripping off copyright/trademarks get shut down. I doubt this gal was raking in the big bucks and there r many out there that are. Has anyone done any research into who the big $$$ trademark infringers are? Id be very curious to see how organized they are.
Etsy operates under Safe Harbor Status, which means they do not actively police individual infringements, they require a notice from the owner of the Trademark before they can remove an item as a Trademark infringement. It protects etsy from being sued for not removing items that infringe.
Etsy now deactivates even suspected counterfeit products. Etsy no longer waits exclusively for requests from trademark and copyright holders. Sometimes, the items just get deactivated with an email from Etsy about "suspected counterfeit products" with no mention of a specific trademark holder complaint. @@WallCakes
It’s ridiculous how many “bestsellers” sell trademarked images like Disney etc every day for years and Etsy allows them to remain. They like their own revenue. Etsy Picks and chooses who to make a example of!!! I might leave. It’s getting insane
Girl, I got me an attorney and I am suing ETSY!!! They accused me of copyright so now I will sue ETSY for the time I spent uploading and for emotional distress. Maybe everyone who has not engaged in copyright infringement please sue ETSY!!! I will NEVER deal with ETSY again
I wish Etsy would crack down on this. I’m an artist and my pieces are one of a kind. Designed, created by me. To see someone copy and mass produce any of my work is not only disappointed but infuriating. Etsy has become an unmonitored free for all. I have zero sympathy for this woman
She is a person who would jump off a bridge if all her friends did. She thought she could get away with selling copyright material, as many others do, and since they don't seem to be getting caught, she'd be OK too.
Wait...Cruel Summer is Taylor Swift? I remember a song from long ago (Bananarama) called Cruel Summer...but she was banned because it was attributed it to Taylor Swift? Confused.
Etsy used to be an online craft fair, it was great. But last time I used Etsy was 2017-2019 when I was doing a lot of scrapbooking. I checked it out lately and it’s so different than it was.
Can anyone please tell me What was wrong with the words "spooky season" and "Merry and bright" she mentioned? Those just sound like generic seasonal words for the holidays. Although I must admit I'm not up on my pop lyrics or movies.
I don't think that either one of these phrases got her shot shut down. I can't imagine that they are trademarked. She is just grasping at straws to try to understand why her shop was shut down. The problem for me is that her timeline is missing a lot of detail. She got the universal letter on say monday. Did she take everything down immediately, or did she wait until the next day, or two days later. She got more than one notice from Etsy, which she didn't discuss other than to say it was the shut down notice from Etsy. Again, what was the timeline of her response to the prior notifications Did she do it immediately, or did she think she could wait a couple of days so that she could sell more shirts? She seems to have left out many relevant details. Was she so desperate to be successful that she deluded herself into thinking she could push the issue? She talks about being so excited for Q4 because of her increased sales, but the increase was most likely due to sales of illegal merchandise, so even if she hadn't been shut down, would Q4 have been really good with just her designs? Most likely not.
I feel like she’s upset because she feels embarrassed. She knew she was wrong and got shutdown because of it. It’s like getting caught with your hand in he candy jar
When I read the title, I thought "Here we go again. Another sympathizer". How wrong I was! While the woman's tearful discussion is sad, she knew what she was doing. There's no denying she researched trademarks as she admitted it. While some Etsy shops haven't been caught, yet, they soon will be and it's just a matter of time. Thank you for getting a strong warning out there. I only hope people will listen.
That’s why it’s trademarked to not lose revenue. Stealing someone’s idea is not classy. Anything knockoff 👎🏽 The more I watch this…wow Business 101😢 Thank you for sharing! Great Vlog🤙🏽
Cruel Summer is song from 1980's group Bananarma, not sure if they still have rights for it though. I am gonna guess that Taylor got permission to use the title for her song maybe?
I used to work in marketing and advertising and the SHEER NUMBER OF THINGS that are TRADEMARKED AND COPYRIGHTED is STAGGERING.... and the average person, or person with a cricut or embroidery machine selling on etsy or ebay or facebook or tiktok or WHEREVER has NO CLUE ....
I was just about to say this too. I think a lot of these people don't KNOW that they have crossed the line with the Trademark and Copyright Infringement. I didn't even know that certain phrases can't be used.. it's a lot to take in because a lot of words have been overused in songs, movies, I mean how many more unique phrase can one come up with before they find it somewhere online for it to be considered trademarked
Exactly. Years ago, I read common phrases could not be trademarked\coprighted...spooky season??l??? I'm sure no one has ever said Halloween is a spooky season. Really, these are frivolous. And making it so difficult to do any designs without stepping on a grenade.
@@pamelastansbury1407 yes I know that to be true. There are many questions concerning this on Quora. And the answer is the same, common phrases cannot be trademarked. Imagine a trademark on Initials.
@@brandcreators yeah but like.. the combination of 2 words imo can't be copyrighted, spooky season, cruel summer, red scarf, it's me, and whatever other hecc taylor puts in her songs should not be copyrightable. If I put "just imitating" or life for rent (by dido) which are imo even more recognizable as lyrics from specific songs then heccin cruel summer, should not be copyrightable. I get protecting the artist but this is too much and too stupid. meanwhile ai runs amock with literally stealing artists works... edit: looked it up extensively and I'm right you can't copyright short phrases.
Take this opportunity to share with others what you learned in an educational format It makes all of us a better person when we learn from our mistakes and share with others It's always better not to do what you know is wrong Everyone on this planet has regrets This incident could be a launching pad for you to better yourself and to have a better product Your motto should be In all things give thanks Your situation has now opened the eyes of other business owners All the best
Honestly i am glad to see Etsy FINALLY start to take down sellers who break the rules. I especially feel zero sympathy for resellers and print on demand losers who cant be bothered to come up with original stuff and or blatantly violate copyright laws.
That's... how punishment works. She did a bad thing, got warned to not do it again, proceeded to do it again and then had her platform taken away or, in other words, was punished. Trying to act like the victim is manipulative as hell.
Being slapped upside her head while she was young for being stupid created a self fulfilling prophecy as an adult. She will never understand what she is doing wrong, especially the concept of making a profit off of someone else’s value.
I completely agree. I don’t feel sorry for her at all. She deserved it. There are a lot of sellers selling items they shouldn’t be selling and getting by with it. And there’s those of us who are trying really hard to make sure we don’t copyright or trademark violate anything. Either she is an idiot, because it’s not rocket science, or she knew exactly what she was doing.
Maybe if she wouldn't have added Taylor's swift initials T.S at the end.. she would have been OK. But just adding the initials made it so obvious it was taylor swift
The words cruel summer are in a number of other songs. I think Banarama sang one in the 80’s. What if you used it in a novel? If you credit the writer, is that enough?
I don't think she got in trouble for using the words "cruel summer" as it has been the title of multiple songs and multiple books and at least one movie and one tv show. It was probably some other detail that made it obviously Swifty.
Believe it are not companies can make false copyright and trademark claims by over stretching the boundaries. They hope you just back down and don’t have the money to fight back. In fact we to this day wouldn’t have donkey Kong if Nintendo didn’t fight back against Universal Studios. They was a very small company and that game was selling so good but universal claim the ape was like they ape Hong Kong. But we all see that is a transform work. A lot of companies that don’t have deep pockets would have back down but Nintendo chose to fight it. Years later they win the case and the studio lost. There no way people would confuse the two and as I say it was transform work. If copyright was that overly strict we wouldn’t have any new technology that build off older stuff or new art or stories etc. Michael Jackson try to sue over the song beat that mind you is beyond close to his song the ghost buster song. However one note and beat was changed so he lose the case, let alone the lyrics of both songs are different.
How would you like to spend a lot of time and effort writing a book or design something and have someone copy it and make money from it without your permission (or any recompense)? Crediting the original creator doesn’t cut it.
Ohhhh I know! I definitely knew better - I love your analogies and have followed your channel for a while now - most definitely learned my lesson and now starting back from scratch 🙏🏽
I believe things happen for a reason and as long as we use them as lessons then we will succeed. I remember years ago I bought a domain name for our photography business and after a year of building our brand...I received a cease and desist letter. I had to re-brand and change everything in our business. It was scary, but I learned to ALWAYS stay clear of any chance of trademark violations. Thanks for being open and sharing your story. We have built Ecom brands off of Etsy and you can be successful. You WILL BE SUCCESSFUL. If you need anything, let me know :-)
Keep your head up! Don't listen to people trying to talk down to you. I got banned off etsy for selling a PAINTING that I painted and titled "blue crush." They said there is a movie called that, so apparently I copyrighted. BS! You can't put 2 words together that someone hasn't already said. It's impossible. Oh and, not to mention, my husband sells for different companies, one being Demonia. They started in the 90s!!! He gets hit with copyright all the time from some sex toy shop, that started 2 years ago, because they are called Demonia. Who copyrighted who? 🤔
Thank you for this video. I open a Etsy shop on July, I sell handmade rosaries, resin hair clips and some other things, what frustrating me they all handmade, I have several sales now more than when I started. And I see this lady that just copying lyrics and brands, I’m kind of upset. As for years I know Etsy has been handmade. I’m sorry but she knew what she was doing and she continues doing it 🤦♀️🤦♀️🤦♀️ I’m sorry but people like her that’s why Etsy has been so hard. Etsy needs to do better and basically shut all those that are not making handmade crafts
Copyrighting words and a combination of them is stupid. I mean Cruel Summer?! It's stupid. You can literally have an idea and put it out there and yet someone will claim it. It's dumb. Words are up for grabs and any combination of them are easy to do. O get song lyrics and slogans like Just Do It but come on! I work in the entertainment industry and Universal Music is SHADY AF!!
I agree@christina3325 the play on words should be up for grabs however, if they have the coins to buy it for their own, I suppose it's fair but, I don't agree with that either.
GREEDY is the WRONG word. She was looking for what was selling ideas so she could get her products to move. It's called trying to make a living. She clearly says she was wrong.
@@GKeile5 Right word IMO. Of course T Swift sells, she is worth billions. Just because she needs to make a living gives her no right to infringe on copyright or trademark.
@muckhorse9687 she clearly says over and over she shouldn't have. She's paying the price for it while others on etsy are still making money off of Taylor S. They aren't giving a darn about copyright issues. If one gets in trouble, they ALL should. If I were her, I would get everyone to report every account doing it what she lost her Buisness too.
@GKeile5 okay, but she did and she made the choice. Her being emotional about it doesn't change the fact she broke the rules. Her business seemed just fine, but she wasn't content with it and wanted more-hence greedy.
I had a friend that customized guitars. She would bling them or whatever. She did a Miranda Lambert design and was at an event in Las Vegas and had her guitars displayed. A man came over to her booth and introduced himself to her. He let her know that he was part of Miranda’s business and explained to her that she was breaking the law. She didn’t understand. She said that he was very nice and explained to her that her guitar would lead people to believe that Miranda is promoting her guitars and she is not. Only Miranda’s own people are allowed to pr,one any merchandise that are associated with her. He asked her to please remove the guitar from her display and warned her of what the consequences. My friend was very appreciative of his demeanor, respectfulness, and understanding , she just didn’t know. Lesson learned. She removed the guitar and took it out of her inventory.
As a handmade creator myself, it really gets under my skin that others are being encouraged to steal the best designs and reproduce them for profit, or go buy commercially made items and sell them on a ‘handmade’ platform. I wish I could go through and mark all of fraudulent items in Etsy stores. Makes me really unhappy
