WHY THIS ETSY SELLER GOT BANNED and Lost It All (Avoid This Mistake)
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- Опубліковано 28 вер 2024
- Why This Etsy Seller Got BANNED and Lost It All (Avoid This Mistake)
The Video She Posted: • ETSY CLOSED MY SHOP - ...
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The fact that she ignored the Universal Studios warning is insane dawg.
😭😭😭
Yup. They are a leviathan.
Yeah, I don't feel sorry for her. She went against the rules and the law.
I’m shocked she didn’t end up in court and jail.
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!
Exactly and removes my actual handmade items....
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?
This isn’t an Etsy Problem, this is a lack of knowledge problem! Reselling merch is called Retail! At this point Ignorance is bliss!!
Oooh, so sorry.. people just want to make a living
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.
I can’t be the only person who links Cruel Summer with Bananarama
I would have definitely lost Jeopardy if Cruel Summer was on the board. 🤷🏽♀️
You aren’t.
Back in 1986, I was 16 years old, and Cruel Summer and Bananarama would be tagged together today! 😆😊
me too!
Lol, yeah. Did Taylor Swift infringe on THAT copyright? Hmmm??? Lol
"Cruel Summer" doesn't make me think of TS, it makes me think of that 80's song by Bananarama.
Same!
Me too! It's the first thing I thought of!
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.
yesss, that's what I was thinking too.
Does that mean TS violated copyright with the title of that song, or maybe she paid a royalty?
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.
some shops actually have the rights and license to sell the items legally,
@@mbrang00I don’t doubt that. But based on the cost of each licence I highly doubt the majority I see on Etsy have licenses. It is cost prohibitive.
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.
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 🤔
One strike. All I did was refuse to give them my vendor which made handmade tiaras. Because as a boutique I represented more than just myself.
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
Me too for my got soap style gift set
Halfbloodprincesss8 Dont act high & mighty you were stealing as well 😂
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.
Me too hun ..
I agree!! I also only sell handmade items that I personally make. It makes me crazy seeing all the licensed stuff omg
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.
so im confused now. if i make a birthday chalkboard and paint like mickey mouse or bluey on it, can i get in trouble?
Im happy to hear Etsy is cleaning house. It's LONG overdue
😢
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 don't believe Etsy goes after anyone without being prodded by the agencies that monitor copyright infringement for big name licensers. They don't care what you sell, but they do care about getting sued. If your neighbor designs a silly baby bunny cartoon and starts selling merch, and then you steal it and use it in your own products, Etsy won't care unless a compelling case is presented and they fear repercussion.
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 see how it could be an easy mistake to make. Especially with all the people blogging and crafting Harry Potter for fun.
@@deborahminter6231 not to mention all the fan made creations I've personally bought!
You buy the rights to sell those products, or become a partner or affiliate. They aren't getting away with anything.
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.
@@Corntassels They'd NEVER do that! LOL Copyrights are stupid.
copyright is good only when the business or person register the product or idea with the gov...if not, it is fair game..
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.
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.
I'm not a seller but I know about about copyrights. You can't make make money off someone else art work.
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.
Just asking, is TS infringing on copyright since ‘cruel summer’ was a 1984 song from Bananrama?
Yes. Id say she is. @@thistlepink7158
@@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.
Oh no! People actually use other words in a row that someone has said? lol
Funny Etsy was letting sellers do this for years until Disney, I was always surprised of some items people were selling
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.
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!
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.
@@rltreasurethat is a lengthy process and isn’t cheap
Smart point about a buyer copyrighting! @ALSILVERU2
I feel bad for her, but she knew. She pretty much admitted that she “wasn’t the only one”. Lesson learned.
Just get a real job and stop trying to make a quick buck and stop being emotional. Be better.
@@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
I don't feel for her. She basically stole, and kept stealing after being warned multiple times.
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.
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.
I know nothing about canvas spooky season. I've been calling halloween spooky season for years. Before canvas was a thing.
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.
100% agree!
oh there will always be weep stories on youtube. as long as there are selling platforms.
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....
😅 Even if you have a license it is not a guarantee that you will be allowed to sell things covered by that license.
No, not a weep story; other bullshit sob story.😊
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.
“Spooky season” being copywritten is bullshit and id wager to fight that, it was a phrase before it was even a song.@@believegr8things
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...
@@tmdease348but she was being malicious, she was contacted by Universal even and STILL continued with something Taylor Swift. No sympathy from me.
Did you even watch the video? She didn't steal anyone's designs.
You’re such a kind man. Makes my heart glad. To bad we can’t scam the scammers.
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.
@@Skullswithdronesinside 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 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!
Copyright is only if you taken it and registered it as copyright
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.
@@UseYourManners123 I don’t think it’s the phrase so much it’s part of lyrics attached to the singer which is where the problem lays
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.
She did indeed confuse the two and it's a mistake tons of Etsy sellers make.
@@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.
Neither does the guy in the video, isn't that ironic?
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 thought Cruel Summer was a Bananarama song lol.
It's a song by several people AND a TV series!
@@brandcreatorsand several books and a 2012 short film by none other than rapper Kanye West.
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
It's funny because the song "Cruel Summer" was originally recorded by Bananarama in 1983. So I am not sure how she had a claim on that one.
It's also a TV show. It's off limits in Sooooo many ways
Taylor may have trademarked more categories than just her music. Like the trademark for cruel summer on shirts, etc.
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
Can't you read? It isn't hers, so she CAN'T trademark it. And a trademark isn't just for one type of thing, it's for everything.@@LL-ex1gp
You can't copyright a title, so she is free to use 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.
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.
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.
Sadly, Etsy can't enforce things that aren't reported, so if you see something...flag it!
There aren’t enough hours in a day….
@@brandcreatorsdon’t be a rat
Don't be a scumbag.@@metrobar3367
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.
Etsy wants to make money. They don’t care about about Taylor Swift 😂
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.
It is not Etsy's responsibility to prevent sellers from making mistakes. The sellers are solely responsible.
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.
Omg thanks for saving me time to watch this so extended for any reason and making big drama video 🙏🏻🙏🏻🙏🏻
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.
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
I was looking at that today. Tons of Disneyland, Snoopy and Micky Mouse - all top sellers.
I wonder how much it cost to purchase a license to sell officially licensed Disney products?
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.
It's crazy to me how people can own words, phrases, pictures, etc. I totally understand how it works and why, but it still blows my mind
With all the music that has been made in our life time are there any words still available to use? Just wondering
It's not about individual words, it's about combinations of words and what's implied when you use them.
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.
My listing got taken down once because I used the term Four Thieves to describe an essential oil blend I used in a handmade soap. Turned out an essential oil company held the copyright on that phrase. Onesie, Tiffany Blue, and Shabby Chic are also terms you can't use.
Not copyright. Trademark.
We use the term babygro in the uk
That is why to do our research on trademark sites before selling anything online
Copyright infringement is against the law. You have to do your own work. I do. Sold on etsy since 2007. I do the work. dont steal anyones work.
Hi there,how're you doing
I’m glad I ran into this video when I did. I see so many shops selling trade mark things and other peoples characters and designs and they don’t get shut down and continue to rack up money from other peoples likes. I’m even more tempted to just stick to my original designs and make those popular. Thanks.
Stick to your designs 👍
That's absolutely what you should do. You never know, you may come up with the next big thing! Best of luck.
Exactly! But what about all the people who are selling "mouse" things? 2 little circles and a big circle or a big bow? Sorry but never care for Etsy when they don't go after everyone.
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.
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🤙🏽
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.
Some people have to learn the hard way.
Hi there
What a nasty thing to say.
As a writer I work years on manuscripts so yes it is terrible for others to steal others work and make money off of it. They should lose it all and recompense those they stole from.
no they should only lose what they made off stolen work
Of all the items she showed, the t-shirt depicting her own sunflower creation is the item I would have purchased -- just beautiful. I hope she gains more confidence in herself as an artist.
Thank you so much for throwing light on issues like this. It was a perfect whistleblower to sellers who act out of desperation.
I feel like soooo many sellers are doing Taylor Swift and just thinking they will fly under the radar. It sucks for her but she knew 😭
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.
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? 🤔
Hard to feel bad for her. She knew what she was doing and was being greedy.
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.
@muckhorse9687 her Buisness needed help. That's not greed. That's survival.
@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.
So glad to you're discussing copyright issues. Great video. My rule, create it yourself. If in doubt, leave it out.
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!
Saying and selling items with trademarks on are 2 different things.
Oh a lot of etsy sellers have something coming. Etsy is already shutting down shops at 95% of it is for trademark infringement. These people had to have known that they were going to get caught at some time. I honestly don't feel sorry for them at all, like one reader said they were in the red zone. It will honestly make it better for people like me who actually put thought into their designs and create something out of nothing instead of infringing and making money on somebody else's brand name. Etsy has had it. They're shutting shops down I have two friends just yesterday that got their shops shut down for having Disney items. Another friend of mine in Texas he got shut down for using some breakfast club lyrics from the movie. Don't You forget about me is right. They had it coming they reap the rewards and they'll be lucky if they're shop just gets shut down and that's it. These companies have every right to sue them for millions. So they should count their lucky stars and not be complaining on UA-cam about it. Don't get me wrong I'm usually a pretty sensitive and easy going guy. But something like this just doesn't make sense to me. Anyway God bless them I hope they make it through.
this is why paying all the legal fees and rights to images by either editing or creating them yourself is the best way to avoid legal issues all together. just learn from your mistake and move forward. use it as a tool and be grateful it happens to you now so you can avoid it happening to you again in the future when you expand past your current position
I agree with copyright. As a writer and an artist I wouldn't want my work copied and taken from me. However. If she made $6k in sales... Etsy got a cut of that. Did they have to refund that or pay it to the artist stolen from or do they have an agreement that they just have to take the items down and they get to pocket their 6%? I sell on Etsy I'm just curious.
I feel that a lot of these copy problems are caused by sites that these "art" creators use are really cut n paste copy with a tweak generators.
Hey, if you've already done this, I apologize, but can you make a really in-depth video/stream about the procedures you go through/recommend to make sure you're not overstepping copyrights and trademarks please? 🎉🎉🎉🎉🎉 emojis for attention
Why? You shouldn't be doing anything that may be considered copyrighted. Create your own stuff.
@Liz-ic6jb exactly...just trying to learn how to follow the rules. Read it again.
@@CourtneyCha0s I appreciated your request. It's good information to have. You'd be surprised at what phrases that have become commonplace are actually trademarked. For example, Pat Riley owns the trademark to the phrase "three-peat." The US Patent and Trademark office does have a searchable database, but it's not super user-friendly. I think I'm just going to avoid words altogether.
TESS isn't terrible (as far as government databases go!), but it would only help you understand Trademarks. What was the real issue here was copyright, which sadly wouldn't be covered by that database
that's the only thing i;ve been using is TESS! how to know about copyrights on common phrases we find in everbee like "spooky season" or similar?
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
Wait so is "spooky season" copyrighted? If so, how? Sayings like that have been around forever...
It’s no less theft when you steal an idea vs an item
Gosh, this is Crazy, she takes ZERO ACCOUNTABILITY 🤦🏽♀️ She was BRAZEN to run ads on Products made off of someone else’s hard work, and pretends somehow that she is the Victim 🤦🏽♀️
You are a rare breed and I actually called her a psychologically liar after bullshit story on her youtube channel.😊
kay, I’ve always scratched my head about the obsession around the kislux book totes and their practicality, but this one is adorable!! Congratulations
Once the spotlight is on her, that's it! They have their eye on you for the smallest thing.
After unknowingly naming a bracelet the same name another bracelet maker had already copyrighted I was given notice. I now research all prospective names for copyright BEFORE I use them.
Wait, the phrase "Spooky Season" is copyrighted?
No.
@@enchantedwebmaster9163 Then why would she hold that up stating it was an issue from Etsy ?
@@myst93she was guessing that that was a problem. She didn't know that it was. I don't think that had anything to do with her being shut down. She had received several warnings from them. Apparently they decided that she didn't deserve to have a shop because she couldn't follow the rules.
Not everyone realizes that song lyrics are automatically copyrighted. Not necessarily trademarked, but ALWAYS copyrighted. If you are uncertain about a phrase, type it in and type lyrics after it. If it’s song lyrics it should pull it up.
Thanks! Great tip! 👍
Hi there, how're you doing
I feel like... kinda everything is a song lyric by this point, if you search everything is a song you're gonna find a song with that literal title.. this is getting a bit idiotic tbh, I totally support artists and stuff but there's a limit to copyrighting a normal sequence of words just cause they were put in a song..
It's interesting - there's endless plagarism, borrowing, and inspirations that result in law suits or closed online businesses but there are also companies that are actually fraudulent that are still operating on Amazon, have countless bad reviews and yet they stay. And there are businesses whose entire inventory is art taken from the original artists. The person who runs that sort of business simply pretends it's the fault of the "person who runs their website", for instance.
You are 100% right! I’ve seen so many people doing this at craft shows also. It’s definitely a great lesson to learn. I have no idea how they are going to stop it all.
We should only buy real handmade products. And stealing artwork from artists should be swiftly dealt with.
That’s what happens when greed hits because you’re so excited you’re making so much money so fast that you’ve never had in your life before!!!
I think it's weird that she (and everyone else) thinks that the words "spooky season" might be the only problem. It could've been the design.
Were the pumpkins her own original design? Did she get the graphic off of something like Canva or Creative Fabrica? When using graphics from these sources, Etsy (and these sites) require you to change the design a certain amount in order to be able to use them. These sites also have a habit of stealing designs. If she bought the design from another Etsy seller, that seller could have stolen the design themselves to sell. It wouldn't matter if she knew this or not. She can still get in trouble, and a copyright infringement takedown issued. If she was already in hot water, this would certainly be a last straw situation.
From what I understand, Creative Fabrica requires you to change the files only to sell a file as your own design.
I hate that she went through this. She is super talented as an artist as well if you watch her watercolor videos.
It's a good reminder for all of us to make sure everything we do is on the up and up
Agree. I was surprised she wasn’t selling things with her artwork and going down this road. She’s so talented and popular, she didn’t need to do this.
Exactly. She would have sold tons with her own original artwork.@@LL-ex1gp
She did it to herself.
Etsy aren't allowing it as such, the thing is that only the trademark owner can take action against unauthorised use of their trademark, Etsy cannot legally enforce/take action against trademarks they don't own. So certain trademark infringing items will stay up until the owner makes a claim on it. Another thing now is that Etsy are using AI to scan your photos against chinese sites like Aliexpress. If your images or part of your images match something found on there they can remove the listing for their creativity standards. One thing to note is not copy an item you see on those sites as well. I have seen many examples of this on the community forums. Although the seller made the item all themselves, they copied an item that is mass-produced in China. So my advice to sellers looking for inspiration for new items, don't look at what is mass produced and copy it.
i got suspended in Etsy for others reasons (medical claims for my cosmetics) and i have to says that the way Etsy choose who is gonna be suspended and who is gonna keep selling is totally absurd, i used the term 'detox' and 'soothe irritations' when other sellers use specific diseases and cancer... and they're still in etsy for years. i don't understand why they do not provide a list of all prohibited words, and why they do not use tis list to automatically suspend all the shop using these terms
Ive heard of this problem many times but what i think is sad n pathetic is etsy will shut you down pretty instantly for workd known copy rights but if a seller is selling their own say pattwrns for crochet they don't make it easy for the original sellers to turn in someone else that stole their own work or art (whatever it may be) to get that shut down. Ive heard many complaints about this in different areas of art. So its kind of bull that they jump for the rich people but not helpful to their own sellers when need be. Which is messed up because those sellers make them a profit. Many sellers gotta jump through hoops n its like finding the help circles you back to more ask the community pages n things like that. Im not an etsy seller i thought about it but i haven't geard much good on seller or buyer.
is your level of comprehension that low .... of course its easier to enforce copyrights on products that are well known and copyrighted ... vs your home made stuff They would have to vet that themselves and actually take time to investigate it ... ii dont think they should have to step in .. u didnt copyright it .. their liable if your a liar u cant prove they arent the owner without it being copyrighted .... your at fault they shouldnt have to step in this is a civil case between u and the other seller u sue the person selling it etsy isnt liable they would do a ake down if heir was a legit copyright on it and thats all they have to legally do they do anymore they could be in trouble the fact u cant understand this says alot
@@jasonanderson5034 they should be protecting their sellers. The sellers are the ones that make them money anyway. Having people copying your work n they won't protect the sellers will make it so people will not sell their work on Etsy at all which will cause them to lose money so it's a win win to protect them. They can tell when things got posted. The fact that you can't come to grips with this is sad on your part. How slow are you?
Everything gets ruined by abuse. I don't feel sorry for any of them. It's dishonest.👏
I'm old, so when I hear "cruel summer" I think of Bananarama. This is so scary, because she mentioned that she checked the trademark and copyright site. Poor thing, my heart breaks watching her, ugh. As a momma, I just want to hug her :(
It wasn't HER success, she borrowed that from others who were successful and that's the whole ball of wax when it comes to art, and "derivative works" I'm sure she'd feel differently had someone done the same to her, this is cringe.
Spooky season? Disney and Taylor Swift is obvious, but she also mentioned a shirt with spooky season and some pumpkins. Not sure. I see a lot of people use Canva and kinda tinker with the template. It's really hard to make an etsy shop that generates over 100 k.
Sorry, I'm from Latin America and I don't really understand why the phrase "spooky season" with pumpkins is copyrighted. Could you help me by clarifying this issue a little?
@@yer6903 Yea... I see lots and lots of spooky season shirts in Etsy...
Whether or not that particular phrase is copywritten isn't really relevant. The reason the store was shut down was because of a number of violations.
I just wanted clarity on that one because it's less obvious. I think many etsy sellers certainly want to know about the less obvious ones. @@brandcreators
I wanted clarity myself. Spooky season and the use of pumpkins seems so generic. Disney and Taylor, I totally understand. @@yer6903
It seems so simple to sell on Etsy but it has a lot of pitfalls. I rejected from the start giving away my own rights for ease of selling. I have an online shop since 2001, built up my customer base and have all their email addresses and other information like name, address, phone number, date of birth, purchasing habits, invoices etc. I have a credit card system built in. I keep my own profit, make my own decisions. I cannot understand why people sell on Etsy or Amazon.
I’ve been trolled ever since Jeeve slammed his door on me . As for Etsy , I was reported selling. Manufactured crafts and no hand made products. Turns out a competitor was selling thier version by eliminating competition. I’d love to find a machine to finger weave . It’s tedious and time consuming. I’ve sold to collectors, museums. And even the Smithsonian. So nothing less than quality was accepted. I’ve never took my business there again. They refused to investigate. So FFF them
Trying to understand as a newbie, can someone tell me how "Spooky Season" would've gotten her shut down? I did a search and don't see this tied to anything TS. It's not something I would automatically think would be an issue.
That's her quick thought on what it might have been, not proof of what it was. Additionally, just because something isn't TRADEMARKED doesn't mean it doesn't have a copyright.
What's more likely is there were a variety of issues (like described in the video) that led to the store being removed.
It’s bc it’s a Canva design not just Canva art. So she took an existing design on Canva.
What is the difference between trademark and copyright. I will definitely do more research on my own after watching this but a quick definition would be so helpful!
It's more likely that the image was copyrighted and not the phrase or any reference to TS.
She's only assuming that because from what she says, it was the only thing she had up for sale at that time.
Yeah, there is this particular Etsy seller that surprisingly still up and running for selling Hello kitty, Disney and big names stuff while using the actual trademark names as her title or tags- it’s crazy to me…and for me..I get noticed for using “LV or luxury” in tags and gets taken down..like what? 😂 But I am not strong enough to have my own website 😢 People won’t buy from me if I’m off Etsy….it’s very depressing..Etsy is a live hate relationship 😅
Why would you use LV if not to profit off of brand recognition? Sounds like you're just mad you got caught.
You can apply to use those legally, btw
15min of evaluating a delusional person victimize themself telling a sob story… Love all your content but we should not sympathize with arrogance and narcissistic behavior.
The same thing happened to me. They permanently closed my shop just because one of my buyers didn't receive his item on time! I was only two days late and had contacted the buyer to inform them that their package would arrive within two days at most. Despite this, I was shocked to find my shop suspended the next day.
This video was recommended and I thought about selling my handmade original products on the platform but as an Etsy shopper the platform has gone downhill. I ONLY buy from sellers that sell legit one of a kind products or patterns from Instagram and UA-camrs I trust.
I recently visited a family member at a hospital and they had some tables out with nurses selling products. One table was tumblers and ohh yeah they were all copyrighted designs. I approached the table and just asked about the tumblers and then I asked about the copyright and she said she had approval and I commented nice that it must have cost her a mint. She said yeah it did. I honestly didn't believe her and when I came back to visit my family member the next day all the other tables were there but her table wasn't. Maybe she had to work but Maybe she got worried because someone was asking about the legitimacy of her products.
Glad she lost everything, she’s a thief. You don’t get to steal other people’s rights, property, trademarks, hard work & then complain when you get caught. Glad to hear these people are getting sued too 👍.
yeah, a few sentences are hard work now. She was in no way reducing money flow to TS, so it's not the huge deal everyone is making it to be
Cruel summer is a song from the 80’s which is past the 5 year quota for sampling. You can quote anyone.
I used to sell vintage crafts. Like yarns, needles, fabric. 1940s to 70s Christmas deco. But Ive seen so much new junk. I rarely even visit Etsy anymore
To the creator of the video: The person who took your wife's design violated her copyright. Your wife doesn't have to file anything to have copyright protection.
I believe per the Copyright Act of 1976.
?
This is true but harder to sue if you dn't have copywrite.
She did this to herself! I don’t feel one ounce of sorry for her!
💯
Is the “keep calm and _____” copyrighted? I see tons of custom products with their own fill in the blanks sold on Etsy. Nobody sues them
Reminds me of a few years ago when Game of Thrones was being shown. A young school kid got a cease and desist notice for making something with a phrase on it. When I spoke to my son, puzzled, he said "I'm not surprised, that would be copyright infringement' I was confused. It was something said about a season...I had never seen Game of Thrones so had no idea at all. Just shows how easy it is to fall foul of rules but this woman knew what she was doing was dubious and did it anyway. It is one reason why Ai is so worrying. It's learning from everything in the public domain without giving anything back to the artists.
I feel sorry for her, she's only doing what a LOT of others are doing the difference is she got caught. She probably didn't do her research properly but she tried.
what about when Etsy just close you shop with no apparent reason and you didn't violate any copyright. And they don't even explain the reason behind the ban? How to avoid that?