WHY THIS ETSY SELLER GOT BANNED and Lost It All (Avoid This Mistake)

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7 ай бұрын

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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@penny7264 6 ай бұрын

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!

@top2bottumstore 5 ай бұрын

Exactly and removes my actual handmade items....

@krystenburkhardt-hansyn 5 ай бұрын

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?

@claudettewarner6151 5 ай бұрын

This isn’t an Etsy Problem, this is a lack of knowledge problem! Reselling merch is called Retail! At this point Ignorance is bliss!!

@galinageorgieva8554 5 ай бұрын

Oooh, so sorry.. people just want to make a living

@GT-yw6dg 5 ай бұрын

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.

@alyssaharris5943 4 ай бұрын

"Cruel Summer" doesn't make me think of TS, it makes me think of that 80's song by Bananarama.

@darrenleaguecity Ай бұрын

Same!

@aliciaburns6219 Ай бұрын

Me too! It's the first thing I thought of!

@mandoreforger6999 Ай бұрын

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.

@dreamwaxstudio-diamondpain1048 Ай бұрын

yesss, that's what I was thinking too.

@shannonwinkler8524 Ай бұрын

Does that mean TS violated copyright with the title of that song, or maybe she paid a royalty?

@rltreasure 6 ай бұрын

As an artist myself, stealing other people's artwork is wrong on so many levels. I wish Etsy would shut down all these shops. As for your failure, its not a failure but a very poor decision! You can stop from making poor decisions but we cannot always stop when bad things happen that were out of our control!

@artsylady3187 5 ай бұрын

i am a working artist also....and she showed a sunflower shirt and said it was her own work....and I thought to myself why not just do that....design make from scratch....draw the flower.paint it upload it print it whatever..but make it your own art work..that is what I do.....

@dionna1990 5 ай бұрын

@@artsylady3187 it’s probably because people don’t really buy things like that. You can find that basic stuff in Walmart. But it doesn’t make it right to sell copyrighted items. I just notice it seems to be all people want to buy.

@evileyez504 5 ай бұрын

In her case she didn’t steal others designs, she used Taylor swift lyrics on her own designs, also turns out simple words like” merry and bright” and “spooky season” is trademarked which is what killed her shop

@chachachazki 5 ай бұрын

As an artist and a creative I am actually happy that Etsy is finally taking more action to cull people using trademarked and stolen work. It is exactly what ruined Etsy for me. In this day an age there really is no excuse to claim you don't know that things like slogans, album artwork, song lyrics are copyrighted materials.

@sydneyrobinson6811 4 ай бұрын

@@evileyez504 lyrics are copyrighted

@jenniferwalker4850 6 ай бұрын

I can’t be the only person who links Cruel Summer with Bananarama

@lorispale3584 4 ай бұрын

I would have definitely lost Jeopardy if Cruel Summer was on the board. 🤷🏽‍♀️

@paradoxical_taco 3 ай бұрын

You aren’t.

@foreverdreamwithinadream6871 3 ай бұрын

i thought as well; but I am not really a Taylor Swift fan.

@valoneill23 3 ай бұрын

Back in 1986, I was 16 years old, and Cruel Summer and Bananarama would be tagged together today! 😆😊

@lilyLily1824 3 ай бұрын

me too!

@m.s.3798 6 ай бұрын

There's nothing more painful than working on a design, creating something and having it stolen and sold, no wqy.

@righteouswalk8128 3 ай бұрын

And the person who stole it or sold it acts like it's no big deal .... and it's their right.

@tcconnection 2 ай бұрын

@@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.

@kateberger6242 2 ай бұрын

The true is you can print screen any image in internet, if they don’t create a law to protect your creation you always will be copy by scammers

@petercallison5765 Ай бұрын

Jesus, what an exaggeration. Hopefully you have never lost a child or had kidney stones.

@Halfbloodprincesss8 5 ай бұрын

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

@CharitysClarity 2 ай бұрын

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 🤔

@mermaidswhimsy8601 Ай бұрын

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.

@CharitysClarity Ай бұрын

@@mermaidswhimsy8601 oh geez 🙄 I mean you could just keep trying, but what bother really? I believe it’s more other people reporting from what I have seen, they automatically remove competitors, and it’s not being fixed. That’s awful 1 strike yikes

@mermaidswhimsy8601 Ай бұрын

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.@@CharitysClarity

@diannekelly3319 Ай бұрын

Me too for my got soap style gift set

@marshawaggoner8544 6 ай бұрын

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.

@MichaelSweeney007 6 ай бұрын

Hi there

@walkawayheatherene341 5 ай бұрын

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?

@JohnSmith-tc2gu 5 ай бұрын

@@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.

@artsylady3187 5 ай бұрын

@@walkawayheatherene341 i would like to know this too as I have some batman fabric...thanks

@tera_windon 5 ай бұрын

@@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.

@TheCreatureWorksStudio 6 ай бұрын

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.

@cpatel5397 5 ай бұрын

Me too hun ..

@pottymouthedplanter 5 ай бұрын

I agree!! I also only sell handmade items that I personally make. It makes me crazy seeing all the licensed stuff omg

@notibutchristGal222 5 ай бұрын

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. 😂

@notibutchristGal222 5 ай бұрын

@@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.

@cheeling794 5 ай бұрын

so im confused now. if i make a birthday chalkboard and paint like mickey mouse or bluey on it, can i get in trouble?

@momtomaryjean 6 ай бұрын

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.

@mbrang00 4 ай бұрын

some shops actually have the rights and license to sell the items legally,

@momtomaryjean 4 ай бұрын

@@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.

@TheJemmaGrl 3 ай бұрын

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.

@momtomaryjean 3 ай бұрын

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.

@mackdye9070 2 ай бұрын

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.

@timothyzingg4226 2 ай бұрын

At the beginning of the video, She said,”I knew better” that says it all.

@crafty1929 5 ай бұрын

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.

@lizzyrank5405 5 ай бұрын

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.

@PeeWally 3 ай бұрын

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.

@deborahminter6231 3 ай бұрын

I see how it could be an easy mistake to make. Especially with all the people blogging and crafting Harry Potter for fun.

@jamiemueller1881 4 ай бұрын

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.

@jaicimurcia9271 4 ай бұрын

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.

@alisonmercer5946 4 ай бұрын

They let a bunch of not handmade tat b e on the site though

@karenjohnston1020 4 ай бұрын

I haven't looked at it much, but Michael's (the craft store) has an offshoot called Makersplace. It's supposed to be all handmade crafts.

@sa35915 4 ай бұрын

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.

@debbiekennedy6030 4 ай бұрын

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.

@FlamingBasketballClub Ай бұрын

The fact that she ignored the Universal Studios warning is insane dawg. 😭😭😭

@jekalambert9412 4 ай бұрын

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.

@Corntassels 4 ай бұрын

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.

@agomodern 3 ай бұрын

@@Corntassels They'd NEVER do that! LOL Copyrights are stupid.

@lolitabonita08 3 ай бұрын

@vegasbets777 Ай бұрын

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

@EBeverly-gv4ln Ай бұрын

@ 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.

@normacampos2126 6 ай бұрын

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!?” 💔😩

@citrusbutter7718 5 ай бұрын

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.

@ericapaul7989 4 ай бұрын

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.

@martinatate7894 4 ай бұрын

⁠@@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.

@matthewjuarbe5826 4 ай бұрын

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.

@GolfOnADime 6 ай бұрын

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.

@allaganqueen Ай бұрын

💯💯💯 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.

@janeenharrison1953 20 күн бұрын

you mean a price to pay to being greedy!

@jiesartandhandmade7350 4 ай бұрын

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?

@mixedupmargie 5 ай бұрын

Funny Etsy was letting sellers do this for years until Disney, I was always surprised of some items people were selling

@RebekahSue 4 ай бұрын

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.

@aimaturebeauty Ай бұрын

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.

@cremebrulee4759 6 ай бұрын

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.

@lisaleone2296 5 ай бұрын

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 4 ай бұрын

Just asking, is TS infringing on copyright since ‘cruel summer’ was a 1984 song from Bananrama?

@bigcat2520 4 ай бұрын

Yes. Id say she is. @@thistlepink7158

@shereadsmysteries 4 ай бұрын

@@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.

@agomodern 3 ай бұрын

Oh no! People actually use other words in a row that someone has said? lol

@normabyrd274 3 ай бұрын

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.

@londonbridges9739 3 ай бұрын

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

@SewingReport 6 ай бұрын

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.

@jaclynroth1440 6 ай бұрын

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.

@omegamark4155 4 ай бұрын

"Cruel Summer" was by Bananarama, so technically T.S. stole this specific title. She shouldn't have rights to that.

@Jeremya74 Ай бұрын

No one should have any rights to any words in any order!

@Marie_Adams 27 күн бұрын

Rules within the music industry are different. They steal from each other all the time but somehow in that realm, it's okay.

@janeenharrison1953 20 күн бұрын

Did Taylor Swift ask them? How do you she did not?

@Dontneedahandle0 4 ай бұрын

I feel bad for her, but she knew. She pretty much admitted that she “wasn’t the only one”. Lesson learned.

@esthert9146 4 ай бұрын

Just get a real job and stop trying to make a quick buck and stop being emotional. Be better.

@Dontneedahandle0 4 ай бұрын

@@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.

@TheJemmaGrl 3 ай бұрын

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

@horsepanther 2 ай бұрын

I don't feel for her. She basically stole, and kept stealing after being warned multiple times.

@sharonburton9663 4 ай бұрын

Sorry no sympathy for ppl who steal others work to make money

@johndoeee888 6 ай бұрын

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?

@rltreasure 6 ай бұрын

Etsy is so wishy washy in these matters. My main question is did you register your original art with the US Copyright Office to show proof of ownership? If you have that proof, one should be able to get reinstated.

@ALSILVERU2 5 ай бұрын

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.

@FransceneJK98 5 ай бұрын

@@rltreasurethat is a lengthy process and isn’t cheap

@papoochacoo 3 ай бұрын

Smart point about a buyer copyrighting! @ALSILVERU2

@JoeyMcNew-Drummer 6 ай бұрын

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.

@JohnSmith-tc2gu 5 ай бұрын

Exactly. This woman is lucky that Etsy shut her down. The license-holder would not have been so generous.

@michelkeck-bauer8262 5 ай бұрын

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.

@melodeelucido1446 6 ай бұрын

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!!

@believegr8things 5 ай бұрын

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.

@Fatelovesirony960 5 ай бұрын

“Spooky season” being copywritten is bullshit and id wager to fight that, it was a phrase before it was even a song.@@believegr8things

@tmdease348 5 ай бұрын

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...

@jynstardust 4 ай бұрын

@@tmdease348but she was being malicious, she was contacted by Universal even and STILL continued with something Taylor Swift. No sympathy from me.

@spencejoy 4 ай бұрын

Did you even watch the video? She didn't steal anyone's designs.

@moonlightxyz8728 6 ай бұрын

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.

@Laura-je2uw 6 ай бұрын

100% agree!

@berylmarieisblessed 6 ай бұрын

oh there will always be weep stories on youtube. as long as there are selling platforms.

@RandomButBeautiful 6 ай бұрын

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....

@everyonecancraft70 6 ай бұрын

😅 Even if you have a license it is not a guarantee that you will be allowed to sell things covered by that license.

@laradavenport903 5 ай бұрын

No, not a weep story; other bullshit sob story.😊

@SuzanneRowell 6 ай бұрын

repeated warnings...it did not happen overnight.

@vandanasenthil 2 ай бұрын

Thank you so much for throwing light on issues like this. It was a perfect whistleblower to sellers who act out of desperation.

@dorisandfred 2 ай бұрын

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.

@beagan100 6 ай бұрын

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.

@melaniereisner8375 6 ай бұрын

As a consumer on shopify, I had a terrible experience. This was a few years ago, but I would still be hesitant.

@karenl8837 4 ай бұрын

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.

@janececelia7448 4 ай бұрын

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.

@chalettedorsey5989 3 ай бұрын

Correct they absolutely pick and choose

@chalettedorsey5989 3 ай бұрын

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

@paulharding1172 6 ай бұрын

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.

@brandcreators 6 ай бұрын

She did indeed confuse the two and it's a mistake tons of Etsy sellers make.

@berylmarieisblessed 6 ай бұрын

@@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

@brandcreators 6 ай бұрын

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

@berylmarieisblessed 6 ай бұрын

@@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.

@enchantedwebmaster9163 6 ай бұрын

Neither does the guy in the video, isn't that ironic?

@prympammi Күн бұрын

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.

@etgdesignstudio 5 ай бұрын

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.

@horsepanther 2 ай бұрын

That wasn't failing, that was stealing and continuing to steal despite warnings.

@tonyafurbee304 6 ай бұрын

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!

@LoveLetterstoMilo 6 ай бұрын

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 🙏🏽

@brandcreators 6 ай бұрын

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 :-)

@justme240 Ай бұрын

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? 🤔

@topproducerrealtor 6 ай бұрын

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

@thetruthspoken1 2 ай бұрын

I don't feel bad for her. She knew what she was doing wasn't right and still did it because she saw everyone else doing it.

@kr4382 6 ай бұрын

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.

@vonkachez 29 күн бұрын

Omg thanks for saving me time to watch this so extended for any reason and making big drama video 🙏🏻🙏🏻🙏🏻

@violetgypsie 4 ай бұрын

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.

@junecarrothers5970 4 ай бұрын

Thank you for all the good information!!! We feel so sorry for the lady ---it is a hard lesson!!!

@allisonwise3856 6 ай бұрын

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!

@alidadebruyn36 6 ай бұрын

@DaniAlexandria 5 ай бұрын

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

@alidadebruyn36 5 ай бұрын

@@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

@UseYourManners123 5 ай бұрын

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.

@alidadebruyn36 5 ай бұрын

@@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

@mitszub 4 ай бұрын

I'm not a seller but I know about about copyrights. You can't make make money off someone else art work.

@dneel468 3 ай бұрын

You’re such a kind man. Makes my heart glad. To bad we can’t scam the scammers.

@marcynewman1421 5 ай бұрын

Love this video. You're a good man. Your heart is in the right place.

@weeyorkies 4 ай бұрын

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.

@Cheesecakeyo 2 ай бұрын

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.

@weeyorkies Ай бұрын

@@Cheesecakeyo 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.

@stagesnake4146 6 ай бұрын

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.

@brandcreators 6 ай бұрын

It's also a TV show. It's off limits in Sooooo many ways

@LL-ex1gp 6 ай бұрын

Taylor may have trademarked more categories than just her music. Like the trademark for cruel summer on shirts, etc.

@enchantedwebmaster9163 6 ай бұрын

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

@enchantedwebmaster9163 6 ай бұрын

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

@garland1049 6 ай бұрын

You can't copyright a title, so she is free to use it.

@wolfgangrotkiske6068 6 ай бұрын

Thank you for this video. I put up a design I was oh so proud of then after this I checked & sure enough the main theme is trademarked!

@enlovegyjourney 5 ай бұрын

Thank you for this video ❤❤

@sisterrose6836 5 ай бұрын

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.

@carmenagnew5564 5 ай бұрын

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

@tlcooper2.0 4 ай бұрын

It's a "mistake" if you do it once. We you do it over and over and over again it's a choice.

@horsepanther 2 ай бұрын

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.

@suzannedawson6330 4 ай бұрын

Thanks so much for sharing this. So where’s the best place to research copyrights and trademarks?

@shereadsmysteries 4 ай бұрын

Trademark is TESS if you are in the US, which is the database. Copyright I think is a little harder because technically if it has been published or created, the person who wrote it/made it owns the copyright to it.

@suzannedawson6330 4 ай бұрын

@@shereadsmysteries THANK YOU SO MUCH!

@shereadsmysteries 4 ай бұрын

@@suzannedawson6330 Glad I could help! Best of luck!

@Ekaterinallina 5 ай бұрын

Hi, could you please tell what editing software do you use to have your video circle over the other video ? I know of Loom but this looks different

@monicamichelle2391 5 ай бұрын

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.

@brandcreators 5 ай бұрын

Sadly, Etsy can't enforce things that aren't reported, so if you see something...flag it!

@thistlepink7158 4 ай бұрын

There aren’t enough hours in a day….

@metrobar3367 3 ай бұрын

@@brandcreatorsdon’t be a rat

@horsepanther 2 ай бұрын

Don't be a scumbag.@@metrobar3367

@katebello8946 6 ай бұрын

I thought Cruel Summer was a Bananarama song lol.

@brandcreators 6 ай бұрын

It's a song by several people AND a TV series!

@ellenm1937 3 ай бұрын

@@brandcreatorsand several books and a 2012 short film by none other than rapper Kanye West.

@user-rf9ed1mk6s Ай бұрын

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

@JLynnBeaver Ай бұрын

This makes sense, my question to this is, I have seen a shirt that has a picture of the golden girls and says something like Og's, or something, like that, but it uses their pics.. how is this legal? I am working on starting a small retail business and don't understand how some images are being used. I appreciate your help.

@erinpennington9716 5 ай бұрын

Excellent advice!

@pajeetkumar1645 6 ай бұрын

I am from India 🇮🇳 and i just want to give her a big hugg.

@berylmarieisblessed 6 ай бұрын

you're so very kind

@atikmorshed4241 6 ай бұрын

So what if you're from india

@pajeetkumar1645 6 ай бұрын

@@atikmorshed4241 Why the anti-Indian vibes, Saar? Let's exchange ideas like a chaiwallah swirls his tea.

@EE-uj6tw 17 күн бұрын

Yeah,poor thief needs a hug😂

@pajeetkumar1645 17 күн бұрын

@@EE-uj6tw and suppose you've never made a mistake.

@BigMikeMora 6 ай бұрын

Cruel Summer will always be owned by Bananarama for me....

@powerfullyhappy5226 5 ай бұрын

My first time here and the way you handled this just earned you a new subscriber

@brandcreators 5 ай бұрын

Welcome aboard!

@3dness449 3 ай бұрын

Thanks for this video. Question: What about a parody of a character or a brand? Still too risky going that route?

@Me-ev4ix 4 ай бұрын

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.

@hollyingraham3980 4 ай бұрын

Not copyright. Trademark.

@india1422 3 ай бұрын

We use the term babygro in the uk

@DJ-pw4wu 6 ай бұрын

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.

@ifeifesi 6 ай бұрын

If they are trademarked phrases then you can't use them.

@jillglascock 6 ай бұрын

They are not trademarked that I can find

@jillglascock 6 ай бұрын

Merry & bright is trademarked in some categories but not 025

@jaymelee23 6 ай бұрын

She doesn't know if those are what got her suspended. More than likely, she got on Etsy's radar and they combed through her past sales/products.

@cremebrulee4759 6 ай бұрын

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.

@cbcreative42 3 ай бұрын

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.

@Denise_2262 5 ай бұрын

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.

@evileyez504 5 ай бұрын

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

@shereadsmysteries 4 ай бұрын

@@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.

@buckeyehockey1979 6 ай бұрын

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.

@michaelw1665 5 ай бұрын

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 .

@idontheartliers 4 ай бұрын

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

@shereadsmysteries 4 ай бұрын

@@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.

@paulidevoss7249 4 ай бұрын

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!

@michaelw1665 4 ай бұрын

@@paulidevoss7249 there are also things trademarked that one ask why. No they didn’t write or make it

@blancavr1 3 ай бұрын

Can someone help me out here. I attempting to gather used clothing (say a levi jacket) upcycle it and sell them on Etsy. How would i market this piece without copyright infringement? Do i neglect to mention that is it is an upcycled "Levi" product? Do i write that only on the description? Do i leave Levi's name out all together? What about the label when photographed, do i blur that out? I have looked at the Etsy website for answers to these questions, but cant find specific answers. Thank you all.

@jamespinard7025 20 күн бұрын

So glad to you're discussing copyright issues. Great video. My rule, create it yourself. If in doubt, leave it out.

@johannamit4388 3 ай бұрын

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.

@perthkraya3209 6 ай бұрын

With all the music that has been made in our life time are there any words still available to use? Just wondering

@brandcreators 6 ай бұрын

It's not about individual words, it's about combinations of words and what's implied when you use them.

@pamelastansbury1407 6 ай бұрын

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.

@perthkraya3209 6 ай бұрын

@@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.

@m.i.n.9000 5 ай бұрын

@@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.

@cynthiaking5308 6 ай бұрын

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?

@lisaleone2296 5 ай бұрын

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.

@thedevilsadvocate5210 3 ай бұрын

Song titles have no copyright protection.

@Pulapaws 2 ай бұрын

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.

@camellia8625 28 күн бұрын

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.

@thedevilsadvocate5210 28 күн бұрын

@@camellia8625 just like poor BAXANDALL

@everpositivenetwork1211 3 ай бұрын

Thank you for this serious reminder.

@toptennismerch 4 ай бұрын

Thanks for the content. I have what must be a common question. If I would have trademarked text in the Title, Description or Tags but the design itself contained no copyrighted or trademarked material, would this constitute a trademark or copyright violation?

@shereadsmysteries 4 ай бұрын

I believe most people say if you benefit in ANY WAY from using another brand/name/etc., it counts. Like even if you put iron on on a Onesie, since Onesie is trademarked, and Gerber is not endorsing your product, it can be removed and count as infringement. Do not use anything trademarked or copyright protected in your listing at all.

@nyteraynemelody9624 6 ай бұрын

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?

@slrcouture 6 ай бұрын

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.

@tashalee4294 6 ай бұрын

Pretty much.

@Nta313 5 ай бұрын

🗣️💯.. She knew better

@elianaisraelnc7904 5 ай бұрын

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!

@slrcouture 5 ай бұрын

@@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.

@danieladamirmesarek4551 6 ай бұрын

Thanks for this video, i hope it will help a lot people.

@brandcreators 6 ай бұрын

You're welcome

@PeeWally 3 ай бұрын

Hello and thanks for this post. I too was banned from etsy just a month after starting. They sent me an email stating I am permanently banned from selling and buy on their platform. They gave me several reasons why I was banned but they were not clear as to what I actually did. They did not give me a warning nor did they allow me to correct the violation. Is it possible to get back onto the platform? I filed an appeal but was denied. Thanks you or anyone who can shed some light on my predicament. Thanks!

@starburstcopy 6 ай бұрын

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?

@berylmarieisblessed 6 ай бұрын

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.

@screwgunsupernova 6 ай бұрын

Etsy wants to make money. They don’t care about about Taylor Swift 😂

@TheHazelip 6 ай бұрын

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.

@zeldacheri 6 ай бұрын

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.

@lisaleone2296 5 ай бұрын

It is not Etsy's responsibility to prevent sellers from making mistakes. The sellers are solely responsible.

@Mangaka2K15 5 ай бұрын

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.

@brandcreators 5 ай бұрын

Stick to your designs 👍

@janececelia7448 4 ай бұрын

That's absolutely what you should do. You never know, you may come up with the next big thing! Best of luck.

@K3M13 4 ай бұрын

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.

@nimoeuristides 5 ай бұрын

Once a learn what internet and social media is, i started to make my own stuff, what is this means? i've went and took a course to learn how to draw, how to make different things, so i don't have any copyright issues, what happened next? I learnt how bad it feels when somebody stole my design that took me several months to learn (still learning) and later, to design, it feels horrible, and, sometimes, people who are better known than you and have a large community get away with stealing or not giving credit.

@I-Dophler 2 ай бұрын

Thanks for sharing this important lesson. It's crucial to respect trademarks and copyrights to avoid getting shut down. Let's learn from this and build our businesses ethically. Stay focused on building a strong brand and serving your niche. 💼👍

@marinrodriguez7729 6 ай бұрын

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.

@WallCakes 6 ай бұрын

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.

@FallenAngelBrass 6 ай бұрын

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

@momtomaryjean 6 ай бұрын

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

@colleenhutchison4794 6 ай бұрын

I was looking at that today. Tons of Disneyland, Snoopy and Micky Mouse - all top sellers.

@marinrodriguez7729 6 ай бұрын

I wonder how much it cost to purchase a license to sell officially licensed Disney products?

@emotionalsupportpaintbrush 5 ай бұрын

It’s no less theft when you steal an idea vs an item

@tamaraprinty8019 6 ай бұрын

I'm truly sorry this happened to her but I also believe she will persevere and find success if she doesn't give up. How do I make sure this doesn't happen to me? I'm brand new to selling on Etsy and using my own designs and images. How do I protect them? Where should I look to make sure I'm not infringing on copywrite or trademarks down the road if I decide to put my downloadable images and quotes on other products ie. mugs, keychains..?

@user-yy6rn2xo5d 4 ай бұрын

I want to design some digital label templates with public domain paintings like Monet's work. Is it still not okey? Thank you so much!

@Laura-je2uw 6 ай бұрын

Not sorry at all for her on the contrary. Good to see that people get stopped. There is no shortcut to success.

@dunderhead2145 6 ай бұрын

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.

@GumperSauro 6 ай бұрын

What she did wrong..

@dontworrybeecrafty84 6 ай бұрын

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.

@tribzman3977 6 ай бұрын

Greed, ignorance and arrogance is never a good mixture. Not one iota of sympathy toward her whatsoever - zero!

@laradavenport903 5 ай бұрын

@@dontworrybeecrafty84She had said, she "sort of known". Why this woman is still stupid after the FIRST sale of a shirt?😑

@user-yk1hn2zx2b 6 ай бұрын

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.

@samcbriarty 6 ай бұрын

Being & owner of Copyrights & Trademarks - I'm Thankful for THIS

@donnajohnson6403 Ай бұрын

Hey Scott. I make silicone bead wristlets, keychains, lanyards, etc. I have red beads with white dots and Mickey Mouse shaped beads. Bows with dots that resemble Minnie's bows. Is this going against the trademark as well? When I make something with these Disney is what I see in my mind, so illegal?

@KimberlyLetsGo 6 ай бұрын

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.

@EerieProps 6 ай бұрын

Some people have to learn the hard way.

@MichaelSweeney007 6 ай бұрын

Hi there

@yvonnehusic9879 4 ай бұрын

What a nasty thing to say.

@junkwagonllcDOTcom 5 ай бұрын

Thanks for this video. I’m planning to start a store soon!

@CG-gm8ns 5 ай бұрын

What irks me is that Etsy seems to pick and choose who they shut down. I turned in a seller several times for listing a "handmade" item that was actually mass-produced. She is still selling today despite me providing several forms of proof.

@brandcreators 5 ай бұрын

Etsy responds to the listings that are reported. They can only do so much and unless it's an obvious policy violation, they typically aire on the side of letting sellers stay.

@brandonvaldez5606 5 ай бұрын

What do you gain from shutting down a seller, such a pig get a life

@brandonvaldez5606 5 ай бұрын

Let them get shut down on their own, you gain nothing from it.

@tammieshurtleff61 3 ай бұрын

I think it is just like the supermarket bakery department being able to label frozen pies that they bake in their ovens as "house baked" or "home baked" or "fresh baked". They are not saying they took the individual ingredients and put them together and made the pie, they are just saying they BAKED it, which is just what they are doing. It is misleading just like saying something is "Handmade" ; they are not saying it is handmade by THEM necessarily, but just handmade, which it may very well be, but it is all misleading business practices that are totally legal. They are depending upon the consumer assuming that the product is being CREATED by them by saying "handmade, house made, home baked, fresh baked", etc.