What to Do if Someone Steals Your Designs
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- Опубліковано 10 тра 2021
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You have this incredible product to sell, and you worked really hard to make it amazing and unique. So I understand why you might hesitate before you start to sell it and think “I need to do something to make sure no one steals this great design!”.
Maybe you’re already selling your products, but you’re afraid that if you post videos or photos that show part of the creative process ... someone will decide to make it themselves instead of buying your product.
Or maybe you’ve actually had someone steal your design and you don’t know what to do.
SO… Today I’m going to help you sort through all these worries, so that you can focus more of your energy on creating and selling your awesome products!
Let’s dive in!
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Thank you for watching! Have you ever had your design copied?
If you all look up felt shark bow on Etsy (it will have an open mouth and teeth on one side). That is my design I made about a decade ago that is now made by many sellers. It was annoying at first, especially when I was linked to a website of trolls where I was being accused of stealing my own design! UGH...but after I saw a quote from a lady on the Etsy forums that went something along the lines of, "if someone is stealing my design, it just means I can do better..." So I keep that in the back of my mind now to remind myself that I can always come up with something new and better than the last.
The best solution to the copying problem is following the old saying of making "quality over quantity." Copycats are busy making quantity that quality nosedives. Take aliexpress and wish as examples. Also, use physical deterrents on your products just don't advertise them. Look into tamper evident or security stickers.
3:15 *Watermarks:* My information is based on USA copyright law but can apply equally to Australians, New Zealanders, Canadians, EU/UK, and other international creatives who countries belong to the Berne Convention (most all countries do) and whose work is infringed (stolen) by specifically US-based copyright infringers.
If your type of creative work qualifies for a (US) copyright claim, AND you’re listing and/or selling your works on US-based selling platforms/websites or to Americans, you’re encourage to affix them with a (cool-looking) watermark logo, robust metadata, copyright attribution (your name, copyright logo, and website and/or social media handle), licensing information, and/or other *“Copyright Management Information”* (CMI).
Your watermarks, logos, and other CMI can be small and translucent; they just have to be readable to be legally effective.
*Money Damages:* Non-Fair-Use, US-based copyright infringers who KNOWINGLY remove (crop), change, or cover up your CMI (with Photoshop or any editing software) to hide their copyright infringing actions OR encourage others to infringe can be responsible for your actual damages & lost profits OR statutory damages from US$2,500 to US$25,000 plus your US attorney fees & costs (at the court’s discretion). Good news: An infringed work does NOT need to be timely registered with the US Copyright Office to pursue CMI violators. See 17 USC §§ 1202-1203.
US copyright attorney, Andrew D. Epstein, writes, *“We recommend always attaching a watermark or other copyright management information [CMI] to all works that you distribute. Although you do not need to have a copyright registration to recover under the DMCA [CMI], we always recommend [timely] registering your photographs with the Copyright Office to be able to qualify for maximum awards for copyright infringement ($750 to $150,000 per infringement, plus costs and attorney’s fees).”* www.photolaw.net/did-someone-remove-the-copyright-notice-from-your-photograph.html
If your creative works are being sold, licensed, distributed, or shared in the US, I encourage you to timely register their them with the US Copyright Office to have the maximum protection against US infringers, including the ability to pursue infringers up to US$150,000 in statutory damages and possibly your attorney fees & legal costs. The US Copyright Office link: www.copyright.gov
Joshua Kaufman, a Washington, DC copyright attorney litigator, sums up US copyright registration in the first 20-seconds of his UA-cam video. He also addresses the economics & costs of NOT timely registering your works - his comments apply to American AND international creatives who want to pursue US-based copyright infringers for money damages: ua-cam.com/video/cBOKkrleY3Y/v-deo.html
If you have an interest in registering (protecting) your creative work via the US Copyright Office, reply and I’ll post official tutorials and tips on how to complete your first US copyright registration.
Back when Covid first hit, you had a very soothing, and uplifting video. You basically said, at least I understood, to stand firm and keep going. This is another video which soothes, uplifts and gets us to move on. Thank you....again!
I don't care about it, if I'm copied it's just proof that my ideas are good and I have plenty of them. I'm not a mass producer,I make a few of one design and move on to the next thing so my shop always has fresh stuff you won't find anywhere else, when I'm sold out people can ask for a restock if they want but I just rather keep making different things.
Thanks for sharing, Alex! I think this is a great tip for other creatives & makers--keep doing what you do best! - L
Just wait til they will bulk report your shop and shut down your store with your designs with sending fake copyrights.. not a great vision
And the youtuber woman doesnt explain anything
Thanks for providing this help !
This was extremely informative. Thank you for dedicating your time to the collective.
The easiest way to steal a design is to buy a "unit" then copy that . China , Taiwan , Korea all practice this .
I'm here to learn how to get my design (s) back and ownership of the company.
Thanks so much for the videos beautiful lady, they really help me alot😃
Thank you great encouraging message ☺️
Thank you that was inspiring!
Thank you! This helped me today. It is hard when you give a tutorial on UA-cam, only to see the same tutorial done by another creator who took your design and posted it as if it was their own. Maybe it is best to give tutorials on skills, but not for things you want to sell.
It's so true. So many designs have also already been done, and can't really be copyrighted, but even if two people made the same item, they'd be a different unique style
what do you mean 'can't be copyrighted'?
copyright belongs to the original creator independently of any similarity
Thankyou 😊... this video really helps me !!!!
So happy to hear, Evlynn! Thanks for the comment 🥰 - Lindsey @ Team Tizzit
Thanks I needed this video
No problem at all! Glad this was helpful ☺️ - L
Thanks...
Hey ma'am!! I have a lot designs!! I want to get printed on t-shirts these design but I am fear of stolen those because I don't have printer so how can I save my designs??
There are no really "new" designs in my niche as crochet is limited in the number of stitches. The differences are the fiber, the size, colors and yarn weights.
If I weren't so lazy, I'd sell patterns. But since my tension is hard to explain, plus all the other factors, I can't guarantee that the pattern buyer could make what the pattern intends.
This is such a good point; every craft has its unique details. Thanks for sharing! - L
Deborah hi, you are amazing, so intelligent and beautiful, thank you for what you do!
Thank you, Sofya! 😊 - L
This happened to me. Someone took a design I was trying to have professionally made and they sold it to Pottery Barn.
I have found two my designs on Wish. They also used my pictures copied from my Etsy shop. Honestly it doesnt bother me much. I dont own a copyright on my designs because it is just not viable to have one so I cant do anything. Just chill and continue selling, thats all
Love your mindset, Niki :) "just chill and continue selling" is a great mantra haha - L
Hey, I guess thanks
I want to put my case here aaa
So I have this character and i love him so much
The fact is that I have this ex classmate that was very annoying but ok, he decided that he liked my character desdesign so much that he wanted to put it on his characters by changing the colors and as his style is more detailed he put more things on it , his character is...basically different the only thing in common is the whole appearance
I don't know what to do and sometimes I feel so bad about it
I guess this video is making me understand that it doesn't matter that much..
So thanks
Sorry to hear about that, Alex! Glad this video was helpful to you :) - L
regular videos👏👏😁
A bigger toy company stole my designs... So, yeah... Sometimes it is not the DIY people, who get inspired and do something for themselves, but unethical companies, that even promote themselves as ethical etc... They have the copied designs made in bulk somewhere in China and sell for much lower prices than what a handmade creator (me) is able to do...
I'm so sorry to read it, Zuzana! Have you tried legal action?
Ok ok ok you keep saying what if it doesn’t happen! Girl we came here to find out what IF IT DOES!! You spent all the time saying it won’t happen
Thanks for the comment! The tips are towards the end of the video, which are also at the end of this blog post 👉 tizzit.co/what-to-do-if-someone-steals-your-designs/ ☺️ - L
What about Michael's craft store steal handmade and stay at home moms ideas and selling it for cheap. Booo
Sorry to hear, Amy! If that is the case, you may want to look at legal options. Just comes down to how much you think it's worth your time & energy! - L