If one of your products infringes upon another’s intellectual property, you may be forced to stop using the mark, stop selling the product and/or pay damages, the plaintiffs’ attorney fees, or for the licensing agreement you would have needed to legally sell the infringing products (which is usually expensive). Infringement occurs when intellectual property is used without permission from the copyright or trademark owner and in a way that may cause confusion or deception. What is copyright infringement and trademark infringement? For example, you cannot copyright something you’ve said unless you fix it in a tangible medium by writing it down or recording it. Creative works must also be fixed in a tangible form to be copyrighted. Copyright does not extend to any idea, system, method, device, name, or title. You can find Etsy’s intellectual property policy here.Ĭopyright protects original works of authorship, such as art, poems, books, songs, etc. In most cases, an Etsy seller will get caught for copyright infringement due to another Etsy shop owner or a copyright holder reporting them to Etsy.Ī big company, such as Disney, will go after small businesses (and has done so) for the unauthorized use of their intellectual property. Etsy takes copyright violations seriously and Etsy sellers must follow the rules or risk having their shop shut down, or worse, being sued by the intellectual property owner.Įtsy does not check every listing for copyright infringement it is up to each business owner to understand intellectual property laws and follow them. Yes, as an Etsy seller, you must be knowledgeable about copyright infringement and follow the laws. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional. I am not liable or responsible for any damages resulting from or related to your use of this information.ĭo you have to worry about copyright infringement on Etsy? This information is also not a substitute for the advice of an attorney. Always consult a professional in the area for your particular needs and circumstances prior to making any professional, business, legal, and financial or tax-related decisions. Let’s break down intellectual property laws and look at examples of copyright laws that are commonly broken on Etsy.ĭisclaimer: I’m not a lawyer by profession and nothing in this article should be construed as legal advice. Although I strive to provide accurate general information, the information presented here is not a substitute for any kind of professional advice or free from errors, and you should not rely solely on this information. It more likely means they haven’t been caught yet. Just because their copyright infringing listings are still on the Etsy marketplace and their Etsy shop hasn’t been shut down, doesn’t mean they aren’t breaking copyright laws. There are many Etsy sellers breaking copyright laws. In most cases, someone selling a Disney themed product, video game themed product, or a product using another company’s logo, design, etc. > Check out 7 Essential Things To Do Before Opening an Etsy Shop (& 5 to ignore) And saying you thought it was okay because someone else was doing it won’t protect you from a potential lawsuit. The problem with those guidelines is that there are thousands of products listed on online marketplaces that are breaking copyright laws. They figure that person is selling a Disney themed product, so it must be okay for me to sell one too. When it comes to Etsy copyright infringement, and what can and cannot be legally sold, a lot of Etsy sellers are going by what other Etsy shops are selling.
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