Disney JUST Sued a Handmade Business for Copyright 🚨 Etsy Sellers BEWARE
ฝัง
- เผยแพร่เมื่อ 31 ก.ค. 2024
- If you currently sell Disney themed items in your Etsy shop or website - beware! Here's everything we know about Disney's copyright crack-down!
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▬ Contents of this video ▬▬▬▬▬▬▬▬▬▬
00:00 - Common copyright misconceptions
01:12 - This week's featured Etsy shop
01:05 - When Disney strikes back
03:00 - Historical cases of Disney IP misuse
04:05 - Why do so many Etsy sellers get away with it?
05:13 - Reporting shops who infringe on Disney's copyright
05:30 - The exclusion of satire and parody
05:54 - The bottom line when it comes to copyright infringement
#Disney #Etsy #HandmadeAlphas
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Not gonna happen. Disney and all corporations cannot stop the 1000s and 1000s of creators. There's just too much people to try and stop, they'll just keep coming back. Etsy won't be able to stop either, because the same reason. Besides, etsy will lose more than half their sales.
But disney stealing from artist as well. So maybe they should sue them
@@stacynewton34 that's not a good idea... Disney has deep pockets and you'll never be able to compete against them. They'll teach you a lesson that'll destroy you.
@starlamoore do you think Magical Little Babes is infringing on Disney's copyright?
I find it funny cause Disney has stolen designs/art from smaller artists and sold them on their stores the hypocrisy…😂
Yeah, then there’s that… 🤦🏼♀️
Weren’t those designed based off of Disney characters?
The bottom line is that Disney has more money.
Please give examples.
Well if it’s Disney themed they didn’t steal it bc it was their company on it
I’m surprised Etsy isn’t getting sued because of this since they are also profiting when a trademarked item sells.
Etsy is a marketplace with over 5 million sellers. There is absolutely no possible way to mass-vet every listing uploaded to the platform without automations. And we have seen the chaos that automations have caused on Etsy in the past. If a brand of carrots is recalled from the grocery store for making people sick, it is not the grocery store's obligation to take the blame. It is the company who provided the carrots to that store. Etsy is the grocery store. The individual sellers are responsible for the products they produce, and uploading listings that violate Etsy's terms are actions of the seller. Etsy can only educate and take action when cases are reported.
Disney can already sue the sellers.
@@StarlaMoore great analogy
There was a report that Disney was going after Etsy as well for profit made from allowing sellers to post it
My thoughts exactly
I’m not gonna lie, as an Etsy seller this makes me so happy. It’s so annoying when I search terms that would pull up the types of things I sell and I see the Alibaba reselling or copyrighted item picking up those top spaces!
I totally agree. It makes it unfair for legitimate handmade businesses to compete.
It’s not only Alibaba resellers doing it and you know that. There’s a lot of small Etsy businesses illegally selling branded items too.
Oh, I'm not arguing that at all. That wasn't the argument being posed. With over 600 comments on this video now, I can't really deep dive into every discussion.
AliExpress too
Alibabba isn’t being sued, and won’t be sued. Disney’s targeting small businesses over intellectual property they likely stole in the first place, then lobbied over and over to have their copyright extended. This is the company that tried to steal a whole holiday.
I’m all for protecting artists and their work, not billion dollar corporations that steal/hoard art themselves, especially while treating their employees like trash.
TH-cam needs more of this content! The IP law does not only protect the artist, it is there to remind everyone that being an artist means to create, to be original, to be authentic. It is not about the hate towards the copycats, it is about the artificial art that is flooding our lifes...
I absolutely agree. Every time I make a video like this, people direct their anger at me but the simple truth is, theft is theft and all laws must be applicable to both parties. Disney cannot steal a small artists art without permission. A small artist cannot steal Disney's art without permission. The size of the business does not dictate the extent of the law.
But if you but do we all come to a consensus that America is based highly on imitation everything is been imitated installing and copycat it and pirated I mean everything in the modern era has been copied at it and then they make new laws like the licenses expired public domain it's still copying I love this video because I was wondering myself being that I used to work for certain companies plenty of different companies where you cannot sell the likeness or their anything without paying them
True but not true. Disney owns all of that art. The artists who created it have no claim to it. They do not make anything off of it as it generates more revenue. Disney the corporation does.
@@marli8907 In relation to this video's topic, your point would make sense only if you say that Disney has stolen the art from all those artist. If this is not the case, they have created the art because they worked for Disney and got paid, this was part of a contract, which each of them signed and agreed to. But, anyways, the point hear is not about Disney at all...
@Starla Moore Sorry to read that. People shouldn't take their frustration out on you. While I don't like disney, I understand they have the right to sue these people. I look forward to watching this video fully and would like to know your thoughts on the fake markets and countries like China that don't abide by any form of copyright law. I never see any large companies like Louie vuitton going after these places. I realize that there are so many people producing these fakes over there at such a mass scale it would be hard to do but it's the same with all of fake sellers on etsy.
That case in 1989 against the daycare was actually very embarrassing for Disney. Universal came and painted Fred Flinstone and Hanna Barbara (this was before Spongebob and Shrek). It was a pr nightmare for Disney, they looked really bad. In that case, they had the right to sue, but it was a mistake. A corporation needs to balance the protection of copyright, with optics.
I haven't seen a case as severe as that one in quite a while so maybe they have. They gave the couple I mentioned in this video several warnings and opportunities to cease their sales before finally taking action.
@@StarlaMoore Apparently they also sent a cease and desist to the largest Chuck E. Cheese in California around the same time due also to Disney murals on the wall, but they didn’t actually sue and that situation is different because of them being a direct for-profit competitor vs a small daycare.
That's crazy! I might have to look into that case as well! I love reading about these cases and how they've been handled in the past.
Yeah, painting a mural is not the same as selling an actual product. Unless that daycare was calling themselves a "Disney daycare" or something, it doesn't make any sense for them to send a cease and desist. They weren't profiting off of the Disney painting on the wall. 😂 Reminds me of when Marvel sent a cease and desist to some grieving parents after they put Spider-Man on their child's grave. 😡 I understand protecting intellectual property but for God's sakes, if you not going to consider empathy and forgiving a violation based on circumstances, at least consider the negative publicity you'll definitely get when deciding to seek legal action. The fact that they also sent it to the parents and not the producer of the grave was an extra terrible error in judgment as they were implying they were PROFITING OFF THEIR SON'S GRAVE. 😳
It seems crazy/petty for a company that is so large to be going after sellers that are so small, but these unlicensed-but-themed products are flooding the market. And the laws kinda work in a “use it or lose it” kind of way in terms of intellectual property (IP) protection rights.
If the courts find that significant intellectual property/brand dilution (random use of an IP/brand/design has occurred so much and for so long, until it loses its exclusivity or becomes synonymous with a type of product or action), the original owner of the IP loses some legal protections over it.
That’s why artists are told more and more often that it’s best to at least try to get counterfeit makers to take the products down themselves (through cease and desist) and then escalate to lawsuits if the C&Ds don’t work. It shows a good faith effort by the owner to protect their brand, giving them the most legal protections possible.
I had a listing removed by Etsy simply because it said it was inspired by a TV show. I didn’t steal anything but I removed all mention of the show name so I wouldn’t be benefitting from keywords… so I’m always amazed when I see blatant theft of Disney characters in other shops and they never get taken down. I guess their time has come.
Yeah, when I was 19 and just starting my business, I made this mistake with a few dragon themed items. I'd used the tag "Skyrim" not knowing that even associating my items with a popular brand would result in a strike. It's a common mistake but one that some sellers choose to never fix, and that's when things really get messy.
I love how there must be over 300k “The Office” printables on Etsy with zero consequence…
Their system is flawed to say the least. They have time to remove one item from me, one item from you while there are high selling shops bluntly selling copyright infringed disney items. I don't get it. I suppose it all has to do with profits.
Serves them right, honestly! It's unfair that bunch of people just steal while others work really hard on original designs.
One time mistakes are normal for new businesses but when you receive a warning, it's important to backtrack and rethink your current business model.
Agree
@@StarlaMoore especially more than one warning
As an artist, this is straight up copyright infringement 101. No matter what anyone says about Disney having too much money already, stealing is stealing and when you have a copyright for that it stands.
Remember the situation regarding Shepard Fairey/ Hope poster? People still conflate creating fan art with studies based on others art/photography and monetary gain. I think the only person that ever really got away with this successfully was Andy Warhol and his Campbell’s Soup cans pieces. They never came after him but he gave them a fraction of what he sold for of his own accord. He then proceeded to take photography that was done by other artists for his own screen prints and make a name for himself that still exists today. Literally what Shepard Fairey did with his poster.
If you craft or do artwork in any way, learn your rights.
@@MummyBrown Agree 100%. Yesterday I went to see an exhibition of Andy Warhol's own original photos and I was greatly disappointed. There was nothing special about those photos, except famous people on them. I then visited Sarah Moon's exhibition and I was totally over the moon! Such a difference talent wise.
Reminds me of 2cases here in U.K., the first was a 4 year old (I’m sure that was the age, if not it was around that age) child’s gravestone that had Spider-Man on it... Disney made them remove the image after purchasing Marvel. The second was a boutique for children’s clothing named Tinkerbells, Disney sued the owners for thousands and the owners contacted Great Ormond Street children’s hospital. The hospital then sued Disney for all the copyright fines and payments received for the fairy. Disney thought it owned the rights to Peter Pan as it had been over 50years since J. M. Barry had died, however the author had left the rights to the hospital in perpetuity. The boutique paid a donation of £500 to the hospital and changed the colour of the fairy. Disney only owned the artwork of their version of the tail!
Now that thing with the, may he rest in peace, 4 year old that had unfortunately passed away, Disney was foul for suing people for using an image for a little boy who was put to rest, I remember that making my blood boil, they had the AUDACITY to put stress on the family because they wanted to have Spiderman, which was something the little boy loved and they wanted to do that for him, but instead be punished for doing so, so in that case Disney was absolute trash
Yeah, this case was crazy. If Disney really wanted to go after someone, it should have been the establishment that sold the headstone since they were the ones making the stones - not the family. These poor parents had no idea. It was handled very poorly by Disney.
Disney today is trash
Fun Fact: I attended an Etsy U (a class run by ETSY) on social media. The instructor used a non-etsy shop/website selling un-licensed, handmade Disney items as an example of good social media presence. She immediate lost all credit with me and I left. As a lawyer I fully support intellectual property rights, and all I could think of was Etsy shuts shops down all the time for this and an Etsy endorsed class is showing an unclosed seller as a teaching tool?? What is going on?
Etsy U instructors are normal people who apply, so I'm not surprised. I actually applied to be an Etsy U instructor and they declined.
@@StarlaMoore Ha! Their loss. I go to most Etsy U classes when possible or watch the replays, and I say this in all sincerity, you far exceed the ones I've seen so far. Your style of teaching is fantastic.
I believe I wasn't chosen because they don't want anyone who sells other Etsy coaching programs. Just speculating. Which I understand but it's still silly. I'd even be willing to do some negotiating, but they didn't give me an option to speak with anyone about it.
Disney employs so many people. Just because they work for a big company, doesn't mean they don't deserve their share of success.. IMO
I sell vintage Disney jewelry on Etsy, but I’d never ever make something and put disneys logo on it. Big difference.
Disney is well within their rights, but I feel like they should be ashamed of themselves BECAUSE they own everything now.
??? 🤔😖 I differ. They don't own any artist's originals, just stolen art. It's not original if you use any part, including altering them, even if made into a zombie or for 'personal use'. If it's recognizable as a Disney character, then it is their licensed product.
@@sacrebleu1371 "I differ. They don't own any artist's originals, just stolen art."
I think he is just speaking of what Disney owns in addition to the parks. Disney+ Hulu, ESPN, Family Guy, etc. which kind of feels like everything. but I think I see what you mean by stolen art. 😎😅
The thing is that big businesses very often steal from small businesses as well, so at the end of the day it isn't fair for either parties at the moment. People get their designs stolen by big corporates all the time because they know small scale and one-person business seldom have the money to file a lawsuit against them.
Oh, absolutely. But either way, it doesn't make it right for either party, nor does it justify the actions of either.
Was this homemade stuff or stuff they had brought?
The items from the couple in the video? They were making the items.
Does it matter if it’s either? I mean if they purchased branded items and are just “re-homing” them or if they are handmade is there a difference ( I’m really curious) I am an artist and see my fellow artists get their ideas stolen too. It really sucks tbh.
@@alaskastarr Yes. Basically if you buy a physical item you own that item. You can do whatever you want with the physical item including resale. What you DON'T own is the copyright to the images and logos on that item. That remains with the company that owns the intellectual property. In this case Disney. So if you take those images and put them on something else you are violating their copyright.
I run a home baking business and sent an email to Disneys law department asking permission to make and sell Disney character or themed cakes. I even sent photos of my cakes. They said no. They did say if I purchased the Disney characters from a LICENSED Disney store, (hint: Walmart is NOT licensed to sell Disney products but they do)…but I can purchase the characters, save the receipt and use them on any cake and sell it and I’m ok doing that. Just an fyi
I worked with Disney licensing in kids clothing. You needed millions in sales and an entire production arrangement with years of on-time track records to even be considered for most of the licenses. It's a license that is a pain honestly. Nightmare approval rounds and changes after shipping. We dropped Disney because we lost so much money.
Walmart is absolutely licensed properly if they’re selling Disney branded merchandise. They’re smarter than to run that risk
@@ZoraTheberge not according to what the lady told me at Disney. She said they are not an authorized, Licensed Disney retailer where I could buy characters from and use on my cakes. She also said it’s a lengthy proses to get licensed.
Walmart has a Disney license they are a big corporation easy for them to get an agreement with Disney. If they didn't. Why would the person you talked to suggest you purchase the items from Walmart if they are aware of the infringement?
@@shannontrussell3585 re-read my post….it clearly states they ARE NOT a licensed place I could buy Disney characters from. Just because a business sells Disney products, does not mean they are licensed. There are plenty of businesses that sell that are not licensed and probably get fined but don’t care. I’m just repeating what the lady told me. But hey, feel free to think what you want. At least as a home business, I sought out the approval of Disney, more than what I can say about half the people on Etsy and Pinterest and online stores.
Yessss! People get so mad at me when I point this out and they are a “business”. I’ve had people try to steal my own designs and photography with really bad PS skills and think I would never see their posts trying to sell it on FB. But thank God FB covered me because of COURSE I had the original files. People get offended when you point out its STEALING. Be ORIGINAL and CREATIVE! Exactly. Glad you said all of this.
agree, I have been wondering for years how these sellers are getting away.
@@isidoraklamm I have honestly reported some shops and some item posts as the button is on the VERRYYY bottom of the page. I’d want to know if someone was stealing my stuff.
A few years ago a friend of mine ran a "princess parties" business. Her princesses were clearly Disney princesses, the kids at the parties would call them by their Disney names but on her website they were listed as "the snow princess" "the blue princess" "The frog princess" etc. She couldn't use actual Disney licensed costumes so she had the costumes made and they would be just a teeny bit different than the Disney costume. She was doing really really well, booking lots of parties until Disney got sight of a video that someone had recorded at a party of one the Blue Princess singing " a dream is a wish a heart makes...." She was allowed to continue her business because everything else was fine, she just had to make sure not to use Disney songs at the parties anymore.
The thing is, there are ways you can legally get near Disney. You can sell mouse ears with your own original designs. Disney doesn’t own the idea of two ovals on a headband. Just don’t call them Mickey or Minnie Ears.
Also, most Disney characters are based on Public Domain. You can sell a shirt that says “The Little Mermaid” or “Ice Queen” or “Wonderland” or “Snow White” so long as they don’t infringe on the specifics that are unique to the Disney version.
Like the original winnie the pooh just came into the public domain, meaning you can do stuff inspired by the original art. Just can't do Pooh in a red shirt, because that is disney's version.
Items don't enter the public domain for a certain amount of years. Something around 75-100. So I doubt Little Mermaid is public domain.
@@KC-ed1dj the little mermaid has been public domain for a very long time. It was a story by hans christien anderson I think. The disney version with red hair and green tail, is copyrighted still. But not the original work.
@NaughtsCrossStitches i didn't know the story was that old, but I was referring to the Disney characters. Anywho, thanks for the info. You learn something new every day!
Not exactly true, Snow White is a trademarked word.
Great video. I’m in the Trademark Licensing business - licensing agency for some of the largest companies and part of my job is to go after infringers. What some don’t get is it’s stealing and more importantly, it hurts those who follow the law and purchase the rights to make and sell. For those who have an issue with this, they would probably be the first to cry foul if they came up with a specific design and another stole that design and started selling it. Again, great video and hopefully it helps others from getting sued and product confiscated.
I'd love to pick your brain! We've had a ton of questions and misinformation circulating in my comments, mostly from people who simply do not want to believe these laws. It might be fun to make a follow up video. If you see this, feel free to drop me an email at starla@handmadealphaacademy.com
I just can’t get over how many people are blatantly selling copyrighted images/items in places like Etsy and Redbubble. I’m sure that some people think they are buying official items in many cases.
It also hurts the other shops that aren't stealing and we use our own photos and designs. I can't compete with the sellers who steal. I've tried to report my competitor who has stolen over 500 photos from Shein to Shein to let them know to contact Etsy and they haven't - why dont some big companies care? My compeitor has made close to 2 million from th stealing of photos
@@StarlaMoore @bwest9840 I'd love to pick both of your brand. My company owns a brand that was on NIckJR for a while, has a robust YT following and is incredibly popular on Etsy. Love to handle this differently than Etsy in a way that drives biz growth, celebrates talented creators and manages the brand. Starla - I'll email you. BWest - reply to this and I'll email you as well. THX
I did get a message on Etsy from outside lawyer, representing certain well known Whiskey brand. I am using wood from their barrels for wedding rings inlay. I changed everything to comply and they were happy:)
But don't understand people getting warnings and still selling without changing anything and expecting nothing will happen 🤨
Right? These people were warned multiple times. It sounds like you were able to act quick for your own case and settle things direct with the company, which is awesome. Really neat product idea!!!
I tried to tell people and no one listened! I remember saying this that one day, they were gonna sue people for this and here it is.. 😳
Yep! It's unfortunate that it's come to this but laws are easy enough to Google.
Same! I've been treated like a party pooper for pointing this out to people. Like alright fine enjoy the lawsuit, I'm just trying to help.
only because congress keeps granting them extended copyright privileges. Hopefully, this congress will end that special treatment.
Just a note that items made with licensed Disney fabrics is fine.
I’ve had to deal with Warner Bros directly about my Harry Potter fabric items, and they explained that it’s fine to sell them, but I had to use a disclaimer on my listing that’s worded exactly like this: This is not a licensed Harry Potter item, it is made with licensed Harry Potter fabrics. [business name] is not associated or affiliated with Warners Bros
Licensed fabric is the only exception btw. Everything else is off-limits. You also can’t print new fabrics with other people’s IP. And make sure you make it really clear that you’re not the company the IP is from
This is absolutely not true but it is a common misconception. Licensed fabric is only licensed for the retailer. The license does not carry over to the seller. Many sellers claim that they are protected under the First Sales Doctrine, but your purchase of the fabric was the first sale. This doctrine applies to the first sale, not subsequent sales. Nearly all licensed fabric also has a fine print disclaimer on the large roll (you often see these large cardboard rolls at the craft store) that states “FOR INDIVIDUAL USE ONLY" or “NOT FOR COMMERCIAL USE.” If it contains licensed themes or characters, you cannot create items to sell with it. If you personally spoke to WB about a product that you created, this was a very VERY rare case and you should consider yourself very lucky. You should also keep all proof of that communication because you will need it in the event that WB ever reaches out with a cease and desist. I've personally had students who have sold Harry Potter themed fabric items and who have received cease and desist notices from WB. So save those emails if you have them.
@@StarlaMoore thank you this added information.
I was wondering about the licensed fabrics. Thanks for this info. I don’t currently sell anything by may do so in the future so this was very helpful.
Read the selvedge edge CAREFULLY- the laws are printed on them. Each line is different depending on the textile converter that produced them. I used to design licensed fabrics.
Great video. When I first started on Etsy my listings started disappearing from my shop. I was selling Baby Onesies not realising the “Onesie” belongs to Gerber. I immediately changed my titles and tags to Baby Bodysuits and sent a letter of apology to Gerber and all was well. Gerber explained I could only use the word Onesie if I used their product and requested permission from them. Living in Australia I didn’t have easy access to their product so I just stopped using the word and all was well. I am very careful not to breach any copyright/trademark laws and check check and double-check words for titles and tags…
I see this one a lot. A lot of products are known by their brand names so calling them by the brand name is second nature.
@@StarlaMoore definitely. Like Band-Aid in America. A lot of Spanish speakers also refer to all diapers as Pampers it seems.
Imagine being a multimillion company spending time finding small biz to sue
Lol, I agree. But they literally hire lawyers for the purpose of sniffing these people out. When it's your only job, I suppose you have all the time in the world,. It's crazy, but I doubt Disney is doing it for money. They are making a statement in order to serve as a warning for everyone to see.
@@StarlaMoore when u put it that way it makes sense, it's just annoying they choose to spend money for lawyers to do this specific job when it could be spent better. & these small biz aren't become millionaire for ripping Disney off. Some of these small biz ppl make better merch than Disney, they should just hire them or ask for royalties. Maybe then park prices would go down lol
Honestly I'm all for it. I'm tired of seeing real original art being ignored for copyrighted ones. People who are trying to sell THEIR art and legally are STRUGGLING because of cheaters who profit on peoples nostalgia or favorite copyrighted characters. It is not about the money. It is the principle.
Thank you for being so honest and telling us the laws! I have been confused on what is ok and not to sell on Etsy, and I for one really appreciate you making it so clear! Keep it up! 😊
I just wanna say thank you for being so straight up with this video. It definitely is VERY tempting and I’ve been doing so much research because I’ve been seeing so many cute etsy designs that have customized Disney characters or Nike logos and I’ve wanted to sell them in my small business so bad but this video was definitely my sign to stay clear of designs like that. It’s so hard watching everyone else making bank off of it but it’s not worth the risk. Thank you for being so informational & straight forward.
I’m so glad to see you talking about this more. Every time I see someone ask a question about if they can sell this or that regarding IP in maker groups it always ends up being such an unproductive conversation. People can seem to justify stealing from big businesses in a million different ways and often refuse to accept that even if they think there should be exceptions to the law, that isn’t the reality we currently live in. Why anyone would risk their business like that is beyond me.
That's exactly why I made the video. So many people assume that, because these companies are so big, stealing from them isn't a big deal... similar to eating a grape at the grocery store. Unfortunately big companies like Disney don't play around when it comes to their IP. And getting your shop shut down is a best case scenario when it comes to a company known for suing small businesses.
Comes down to money. Disney is money hungry. Has been since the eighties. It’s all about IP and profit now. So as you would expect, ANY one else profiting instead of them really ticks them off. Thus, they’ve gone around and bought up nearly ALL the other big brand creative ideas that have made a lot of money. Whether they do anything with those other IP’s or not, they have control. They want to be numero uno on every market possible.
It's THEIR property!
Literally!! They’re a bunch of monopolistic assholes
Good information. I'm glad to see someone putting this information out there. It's a good rule of thumb to just stay away from anything that is not your original work or something based on items like Disney, Marvel, etc. It's safer to just not get caught up in any of that mess in the first place. Viacom is notorious for going after small businesses, even role players for anything Star Trek related.... or what they perceive as Star Trek related. There are even things you can't even refer to by certain names because they have the copyright on it too. It's insane.
Exactly. If you didn't come up with yourself and it's not in the public domain, it's best to just stay clear of it.
Thank You For addressing this…great job!
I am amazed the mouse let them get away with it to begin with. This floored me! Thank you for the video!
Totally agree. It went on for 2 years but after multiple warnings were ignored, it looks like Disney took action.
I remember using etsy a decade ago to find awesome handmade head gear. Browsed it last year and I couldn't believe how much trademarked character art there is. Not just Disney but Nintendo too. Many stores selling similar items did look like copies. I know lots of people make crochet stuff that's original designs but some are selling other people's patterns.
Yep, it makes the entire platform look bad. Especially for the sellers who work hard to create their products by hand.
Better go knock on good old Cricut door too they sell cuts there that are Disney too they are soo greedy I’d love to see them get slapped too.
Oh man, I hope you’re right! Over saturation of these shops makes is incredibly hard to compete.
I agree!
Exactly. It gives an unfair advantage to other handmade sellers making items that don't violate IP. If two people are selling zippered pouches - #1 uses plain blue fabric, #2 uses that same fabric but adds an HTV design of My Little Pony, #2 gets the (illegal) benefit of using My Little Pony trademarked property to sell their products. Sellers doing this know they'll get more sales by using familiar brands and IP. They may not necessarily understand what they're doing is wrong, but they wouldn't be doing it unless they thought those items would make more money.
I think comparing stealing from smaller business is inherently different. When a small business makes something Disney themed, it’s not the same as a big business like Shein stealing from an independent, small seller.
The main reason being, if I make a Cinderella-themed item for retail, then people inherently know that it is FROM the Disney IP. They don’t think that “Vivian123” on Etsy CREATED the concept of Cinderella. However, when a big business steals from a small seller, no one knows that the design was stolen. They just assume the big business designed it and since they have the bigger platform, the small designer gets lost in the dust.
Law is law, and I’m not arguing for a law to not be enforced. People have the right to protect their creations. I’m just saying that posing the hypothetical argument as if it were equal doesn’t work the same. Great, informative video though!
Here's the key issue, and one of the biggest concern with cases such as these.
Let's say that a small business makes a stuffed toy Mickey, but they don't follow necessary safety regulations. A parent sees the Disney theme and, like you said, they think "Oh, Disney!" rather than, "Oh! Small sellers!"
That buyer automatically assumes that the product is safe because it is a Disney product. I see this all the time with items that do not follow federal safety regulations while also utilizing major brand IP. I love looking at situations like these from all angles. And to an extent, I agree with you. However, there are reasons (sometimes unseen) that actions such as these need to be taken. Because brands have to be willing to defend their brands, big or small, otherwise it becomes an acceptable practice to steal IP and this hurts everyone. Not just big brands like Disney.
Stealing is stealing.
@@StarlaMoorethat sounds ALOT like the logic behind not allowing normies to dress up as characters in the parks
Fair point,but you have to remember Walt Disney created those characters and was a small business at one time. If it was you, and your characters took off, would you feel ok about people staling your designs and profiting off of them?
@@P-Funk69 Disney did NOT create Cinderella, Rapunzel, the little mermaid, or Snow White. Those are OLD stories that Disney adapted. The current expected "look" of the characters are a Disney creation but not the actual characters. Copyright was never meant to be eternal and old Mickey should have been in the public domain years ago. Guess who lobbied hard to get copyright extended again and again? Screw Disney but always remember their lawyers are bigger than any that you will ever have and their lobbyists had major role in making it illegal for you to copy them.
Artists who complain about Disney protecting their IP should consider that if someone else stole THEIR work, they'd want to be able to have some legal recourse. Let's say you made a character like Hello Kitty and then a big company came around and started printing her on merch that got more popular than your products ever did because they could afford better marketing and such- that'd be seriously unfair to you. Disney may be a big company, but they deserve to protect their IP as much as the small artist.
Exactly. IP laws are designed to protect everyone. The laws that protect Disney are the same laws that protect small artists. There isn't a monetary threshold a company hits that suddenly makes it okay to steal from them. It's crazy the arguments people start because they feel Disney is being too strict.
Disney literally has no original stories, they are all copied from other artists
@@nodiggity8746 yeah but like someone else said, it’s fine to make something and it say for example The Little Mermaid. You just can’t use the actual characters Disney made. It’s scummy to me for people to actually use Disney characters on their merch and sell it as their own. I could never. Even if I said im not a licensed Disney merchandiser. Just doesn’t seem right. Why try to profit with someone else’s ideas, logos and etc ?
I have had so many people approaching me wanting me to make disney-themed items and I have turned every one of them down because I don't want none of that mess. I'm glad they're going after them because if we can't do it they shouldn't be able to do it either. Up next collegiate items.
So this must apply to all the Starbucks, LV, Coach, Gucci tumblers, t-shirts, etc. I always wondered how these people can get away with selling those items.
What they are doing is illegal. They would need to be reported to the original companies so that the company could file their individual infringement cases.
@Starla Moore I'm new to all of this, and so thankful for your channel. Is it illegal to buy a tumbler from (for example) Starbucks and "bling" it up and then sell?
Also yeah. I crochet plushies and the amount of other sellers who will do Stitch, Baby Yoda or Pokémon is insane. I had to turn down a custom order yesterday for Scrump from Lilo and Stitch yesterday, and it sucks because I have so few sales right now, but I would rather not be sued and sent them to someone else who doesn’t care about the risk. 😅
Good for you for sticking to your guns. 💛
I am not sure that crocheted and knitted characters of Disney characters would fit under IP theft, since Disney doesn't sell crocheted/knitted characters. Many of the cases that I have seen involved the maker copying an actual licensed product (mouse ears, costumes), but makers who design and make something inspired by a movie (robotic R2D2, magic wands) are not sued.
It absolutely does still qualify. You cannot profit from anything related to Disney even if Disney does not make those items themselves. The couple being sued was making items that Disney does not sell. Disney went after a family who utilized an image of Spiderman on their child's headstone. This isn't an opinion. It is the law.
@@StarlaMoore I was wondering about crochet stuff. Thank you for the answer. Ok Disney suing the parents of the kid with spiderman on his grave is harsh but I get why.
Thank you SOoo much for this! You can't complain about Alibaba stealing your original art image and in the same breath offer really "cool" handmade Starbucks cups for sale at the same time. Both are wrong. I can't tell you how many conversations I've had with folks about this exact thing and it's really very important to be respectful AND original in our offerings.
I agree and I see it all the time too. People get SO mad when you state the laws.
I believe Starbucks allows this.
You cannot. Starbucks has stated that: Per Starbucks company policy, we do not grant permission to change our proprietary images. This applies to the logo on the cups. Adding to the logo is changing the image.
Anyone profiting from the sale of our modified image is in direct violation of our policy. The Starbucks logo is trademarked. Adding to, taking from or otherwise modifying the image is a violation of the copyright.
**Source: cuttingforbusiness.com/trademarks-and-your-cutting-business-can-i-make-and-sell-personalized-starbucks-cups/#:~:text=Per%20Starbucks%20company%20policy%2C%20we,direct%20violation%20of%20our%20policy.
That's really interesting. I read up on copyright last week but on fine arts. For example the Mona Lisa is in the public domain and we see many publicists using it. BUT, in October 2022 a museum in Florence sued Jean Paul Gaultier for using the work "The Birth of Venus" for a clothing line. One would think that Botticelli's works have passed into the public domain (since he died centuries ago) but .... apparently not! If I understood correctly, it is the museums that give the rights on the piece of art or not. It's quite a headache (I'm a collage artist, so I'm finding out what I can use or not).
That's a very interesting instance that I've never considered! I bet it's more prominent in publicly known works.
I've been wondering how any artists can use licensed themes in these days without getting sued. All companies are going to do this soon
I've heard of them going to a craft fair where someone was selling tiny figurines along with their original peices. So it's not just online which is scary.
I've heard this too!
A very similar trend of copyright infringement has affected the needlework industry. Etsy is absolutely rife with infringement of cross-stitch patterns and needlepoint designs from Dimensions (now owned by Simplicity), Design Works, Cross My Heart, Jenette Crews, Stoney Creek, Susan Roberts, Rebecca Wood, Liz-Goodrick Dillon, and a myriad of other design houses, kit manufacturers and artists. Individuals who have spent 30 years in the needlework industry believe that the market for cross stitch just isn't there anymore. However, I believe the market is alive and well and has just been hijacked by copyright infringers.
One problem with Etsy's policy on reporting copyright infringement is that registering your brand and searching keywords related to your brand doesn't make a lot of sense in this instance. Meaning, do you think that an infringer is going to list an item with the brand featured prominently in the listing? They are not going to cite the brand if they are trying to fly under the radar.
One infringer I found on Etsy has had over 45,000 sales of downloadable patterns. I know this may seem like a drop in the bucket compared to big brands like Disney. Regardless, it does have an adverse effect on the manufacturers and the artists that they work with.
For example, Dimensions has licensing agreements with a multitude of artists to whom they pay royalties from the revenue generated by the cross stitch kits they would produce. So, not only does Dimensions lose revenue on the sale of their product but so does the artist. This is not a victimless crime.
I know you are probably thinking, why should we care? I think we should care about the small things because eventually these things gain momentum and before you know it you have what amounts to a runaway train.
What about knitting and sewing patterns?
there's also the safety issue with Disney or any child-related items/brands. a buyer seeing something they perceive as being a 'Disney' item tells them that item will be safe for their kids when it might not be tested or safe at all which could have dire consequences for everyone involved
Absolutely! This comes with a whole other set of risks!
that is not a very good point when you consider that children's toys are not very safe to begin with. seriously, sex toys are safer then kids toys
I knew it was a matter of time. I was baffled as to how these creators were getting away with this for so long.
It was always illegal, and Disney has gone after people all along. Those selling Disney related items should have known before they ever started selling it.
in 2012 when I just started selling on Etsy I created some Chanel original art prints with watercolors of the iconic perfume bottle and stuff like that. As Starla said as soon I started making serious money I got a cease and desist letter from Chanel legal office. Bang! I thought I was under the 'fair use' umbrella and I was under copyright infringement. I just stopped and everything finished with my listings deactivated and nothing more, but 90% of my sales was lost. Lesson learned. These are not legends guys!
I'm thankful for sellers like you who are willing to share stories like these. I think many sellers assume that they will blend in with the millions of other listings. Which is true. But if your listing starts generating sales, you can your land yourself in a LOT more trouble. Because at that point, you haven't just listed the items. You've profited from them.
@@StarlaMoore Happy to help! Yes, it is a confusing topic and seeing thousands of listings makes newcomers or those who want to start thinking that it is allowed. You did very well to make this video, there can be very serious consequences.
There absolutely can. I hope it can be used as a resource for sellers to link and help each other. I know no one likes to hear that the item they just spent a ton of time making cannot be sold but it's better to hear it from fellow sellers, rather than a lawyer.
you also should tell Chanel that they did not hire you.
Thank you. I was thinking of making hair bows with Disney fabric to sell, but now I will stay away from that. I hope this will also get rid of the people selling files that are Disney characters flipping people off or holding weapons....I hate those.
Someone in an earlier comment said that working with already liscenced printed material is the only exception... but I'd double check any fine print to be sure. The person who commented said they were working with Harry potter themed fabric they had bought and had spoken directly to Universal about it and were assured that, since the fabric was already licensed printed fabric being sold, it was OK... however, she was told to put a specific disclaimer on her listing gs stating that she was using already licensed printed material and that she was not actually affiliated with Universal, nor was her stuff liscenced universal merchandise. She also wasn't making, like, Harry potter dolls or anything...
Point being, you could at least do some digging and ask around... worst thing that happens, you get told don't do that. Best case, they tell you can do that with a disclaimer... if they want you to get a license, I guess that would be your choice... but it never hurts to at least ask. :)
Licensed fabric is only licensed for the retailer. The license does not carry over to the seller, otherwise, there would be no reason for these companies to sell licensing rights for thousands of dollars. Many sellers claim that they are protected under the First Sales Doctrine, but your purchase of the fabric was the first sale. This doctrine applies to the first sale, not subsequent sales. Nearly all licensed fabric also has a fine print disclaimer on the large roll (you often see these large cardboard rolls at the craft store) that states “FOR INDIVIDUAL USE ONLY" or “NOT FOR COMMERCIAL USE.” If it contains licensed themes or characters, you cannot create items to sell with it. The same goes for any other items such as stickers. You have purchased these items for personal use. You cannot repurpose them to make items to sell. The woman who mentioned the Harry Potter fabric said she got direct permission, which I'll take with a grain of salt until I see an official source. But this is not the norm. JKR's website clearly states: Materials from the Harry Potter series of films and from the film Fantastic Beasts And Where To Find Them are provided courtesy of Warner Bros. Entertainment. No permission is given in respect of the use of any of these brands or marks, and any such use may constitute an infringement of the holder's rights.
@@StarlaMoore I believe there have been some recent legal cases/settlements of luxury designers like Chanel and Louis Vuitton going after people who upcycle authentic products, but use the brand's IP to market/sell the repurposed items... Info is on The Fashion Law blog, but it's behind a paywall.
Wish these artists making these copyright labels would get sued. They make my job hell because I have to tell customers I can t print them. I work in the printing department and they think because they bought it off etsy we can print them.
I recieved a cease and desist from Disney in my etsy shop a few years back for having the word 'jedi' in my product line even though I never listed star wars as a keyword. They are not playing!!!
Jedi us part of star wars and is cover by copyright
Yep, you can't use aaaany words tied to big brands like Disney, even if the items have nothing to do with the term. You cannot target their audience.
Lol...yep. I learned that factoid the hard way. 🥴
Jedi is a registered trademark by LucasFilm/Disney
@KBizzle yep...i know that now. Didn't then.
I really wonder how much money is made each year on the Etsy platform from the sale of items that are infringing. Honestly if Etsy reallyyyyy wanted; they probably could hire a team that could tackle and deactivate at least a chunk of the listings that are obviously infringing on these major brands like Disney. However, Etsy already seems short staffed with handling all other aspects of the site. Plus, I genuinely don’t know if they’d want to pay out employees to deactivate listings that are bringing their website more money and traffic. Especially when other areas of their site could use more focus and help 😅 I totally agree with everything in your video. My comment is just basically food for thought lol
lol that's funny, paying employees to help them make less money lol, i'm sure that's exactly why they don't do it
Terrific explanation and something every handmade seller should know! I know it can seem a bit unfair for large IP holders to crack down on small sellers, but you're right that the law can only be applied evenly across the board. We wouldn't want Disney to be able to steal IP from a small business and get away with it either.
Exactly. 💛
Thank you. I feel exactly the same way.
Remember that Disney were forcing a family to remove the image of Spider-Man on a kid's grave??
Yeah, people hated Disney of what it did to that family. There were news about that.
Oooooh, yikes! That's crazy! Disney is absolutely ruthless. I'll have to look into that story.
I believe all of it. I once heard of a school being sued by Disney because a father allowed the school to use a Lion King DVD for a school event that people had to pay for. It was a fundraiser event. so, someone had to report this to Disney in order for the school to get sued. I am surprised that the father did not get sued as well.
Can you post items of things you have made for friends on social media that you made with IP, but they paid you to make it for them?
No. In fact, I recently had a student get in trouble by a popular beer company because they made big bottle cap signs and sold them to their friends on a personal Facebook page. Somehow someone from the company found out and she received a cease and desist.
My understanding is that if you as the seller are profiting in any way by utilizing the characters, titles, etc or images then that is able to be prosecuted. So yeah.. charging to view a movie, creating beer signs and selling them to friends,all of it.
Very similar issue in the virtual programs, IMVU and Second Life. People would create Disney products and at times Disney would come in and request a copyright take down.
People would set up a second shop after having their accounts removed for violating TOS. Lather rinse and repeat.
thank you for pointing out the simple truth, if you want to be protected by the laws you can't complain that the big companies are using those same laws to protect themselves. I learnt really quickly in my journey of making patterns that while fan art may sell my stuff is better because I'm not going to get those annoying cease and desist letters. It's more fun to make designs that are all my own anyway.
I always wondered how etsy sellers didn't run into copyright trouble with disney. I figured they must have applied for some kind of license or something.
Nope. Most just don't understand the laws unfortunately.
My husband worked for Disney. I have seen the multi-story building that houses the legal department. And the employees are coached to report too, as it is protecting their jobs in manufacturing, designing and marketing. Lay offs would happen at Disney if retail drops off because of the dilution of branded products on the marketplace from any place.
Yikes! You're not the first person to comment with close experience like this! We have had a few people who have worked for Disney in the past report similar things. They are scary. I wouldn't want to be on their bad side.
What kinds of things are the employees told to report? If they make their own shirts and wear them there?
@@CheerfulHeartCr8ions if it a one of a kind shirt that the person who made it is not profitting from i dont think that falls into the category .......exp....i make custom shirts for my family to wear to the parks (they get you a ton of perks) . During the Dream promotion we were spotted by a few suits who looking back were probably fishing for a copyright infringment ...lol They were very nice, complimented the shirts, asked where we got them..."i made them for us for the trip" and at that went on to other questions about how we were enjoying our day etc. MInd you the design was VERY VERY similar to the one for the promotion. Every letter hand cut and ironed on ..sparkles, and character names across the back (i lost the r for Tigger first ride so i was Tee jay the rest of the day.) I even pointed that out to the suits because i worked hard on those shirts and was proud of them. They laughed at teejay.
Wore those shirts on 3 trips in a year (long promotion) they and other shirts i have done got us free food, merch , private meet and greets, and to be able to open Toontown with loads of characters and interactions all to ourselves. Trick is to stand out without being obnoxsious about it. ;) And all within the rules of IP because i wasnt making them for profit but for personal use.
@@vickiechandler3112 How cool! Thanks.
Thank you,
for the information.
You're welcome! 💛
To the point and educational. Thank you.
So if you paint your nursery walls Disney themed watch out 😅😂 .. Sheriff will be knocking on doors 💀😩🧐
Here's an epic Disney IP fail: My friend tried to sue his other friend recently for copyright infringement... on his Star Wars light Saber crystal designs. He claims his friend is selling something similar. Every single phrase, tag and title on his Etsy page was a copyright infringement. You can't sue someone for stealing designs that are already a violation of someone else's IP. No lawyer will touch that. They tried to drag me into their drama.
I always wondered how people can sell Disney related things. Also love the brows ♥️
Why doesn't Disney lower licencing to a dollar a year and no percentage. Then they can save money to themselves by firing all of thier i.p. lawyer
There are so many party decor Etsy shops that sell Disney items with over 10,000 sales smh.
All you can do is report them to Disney via the email I provided. It's up to them to take action.
Super informative video, thank you! I always wondered how certain sellers were able to put their stuff on Etsy without repercussion. I did want to point out that Winnie the Pooh movie you mentioned at 5:37 is more about Pooh becoming public domain then satire. Disney never created Winnie the Pooh, so they only have the rights to their depiction of Pooh.
While you are correct, the movie utilizes the red shirt, which is exclusive to Disney's version.
Disney did a huge purge like 10+ years ago on Etsy already. It was a huge thing. This is why there were a lot less. But slowly it creeped up again.
I have waited for this action. I have known about this for years. In the 1990s a woman in Africa had here comouters, sewing machines, and design software taken from just for making Disney embroidery designs. K learned all of this from reading online and embroidery classes.
All the tumbler sells on esty with copyrighted material is insane.
Makes it hard for tumbler design companies like my own to profit or do well. It is a shame day in and day out they get to break the rules and their shops don't get shut down.
It is up to the companies who own those IPs to claim them. It stinks but dwelling on what you cannot do or control isn't worth your time or sanity. As I always say, "Focus on your controllables". Unlike them, your business isn't at risk of being shut down at random. You can sleep soundly at night while they have to sleep with one eye open. That alone gives you more freedom.
@@StarlaMoore Thanks for your response 🤗
I'm pretty sure the copyright for Winnie the Poo expired recently, I remember hearing about it. There are several others that are about to expire as well.
Yeah, the copyright for the *A.A. Milne original* Winnie-the-Pooh, the Disney version is a separate version, and copyrighted by Disney still.
You are correct, however, this only applies to the original depiction of Pooh with no red shirt. Red shirt Pooh is Disney's. The fact that the movie utilizes a red shirt could actually connect back to Disney's IP, but they are protected under parody.
Also, there is an important difference between copyright and trademark. My understanding is that the work may be public domain (Winnie the Pooh or another story), but specific design(s) can be trademarked and will have protection as long as the design is actively used. It's why Mickey Mouse will never actually be public domain. As long as Disney is using any and all versions of Mickey Mouse, the character will have IP protection.
IP law can be an absolute quagmire structured as clearly as the result of a one-night stand between a Byzantine mosaic and the graphical representation of a Mandelbrot equation. The worst part is that once you're online, your IP is exposed to individuals who live in what amount to safe havens for IP theft, and there's precious little you can do about it. (I once got a letter from a company in Vietnam who found my registered business name during a copyright search, asking me for permission to use it for themselves. I politely told them NO and the response was along the lines of, "we understand but will do it anyway because we want to." Even an IP lawyer can (as I sadly discovered) end up going down multiple rabbit holes and still come up with a wrong answer. The best advice is, "If you're not 100% sure AND can prove the name/phrase/image/etc. is definitely yours or at least in the public domain, then do *not* use it."
Great video! Just a quick question....You mentioned about the day care center mural situation. I've known about that since it happened and it always bothered me. I was always told that it's only bad if you make money off said copyrighted item. Which brings my question. How is painting a picture that's not for profit being hit on by Disney? That's a question that's bothered me for years. If this place wasn't making money off the mural, why would they get in trouble?
Anything on the building becomes a profitable asset because it becomes a part of their business. For example, if you couldn't remember the name of the daycare you might say, "The one with the Disney characters on the walls" in order to reference it. From a strictly legal standpoint, this is why you cannot use licensed characters. The same laws apply for music in public spaces. For example, my Grandmother owns a bar and can only utilize licensed music that is on her Jukebox. She can't just play whatever music she wants to play. It has to be approved through the company that supplies the Jukebox.
@@StarlaMoore oooh ok I get it. Thank you so much for explaining that to me!
Thank you for this. I don't think people really understand what they're risking by using Disney's IP. There's a TH-camr Kara Butin, who tells of someone she knows that's used Disney cake pans for her commercial cake decorating business. Disney came and confiscated all the cake pans AND the oven she baked the cakes in. Yes, that the law.
If you violate Copyright and the person sues you and wins, the company can sue for damages, They can be awarded all the money you made from selling their IP, they can take all remaining product (for disposal) AND the equipment you used to manufacture the offending products
Yes! Which is exactly why some of them wait a few years. It's more lucrative to wait until a seller has made a decent amount of money from the products.
@@StarlaMoore I've been on the other side of this. A big company put my image on a bunch of throw pillows and I couldn't fight it.
police who are unaware of IP can fire those disney people.
So basically people making inspired work and selling it shouldn't use the exact name of any of the companies or say its not official products of said company to be able to sell it. I really do think people should be able to sell things inspired by something they are a fan of, just dont blantly copy the company or else this will happen.
I remember when we lived in Kissimmee Florida The Mouse went after a daycare for having some Poorly and disfigured characters on the side of the business. They take the issue of copy rights very seriously. the moto of the story is do Not Mess with the Mouse.
Interesting video! I've known of a few sellers and rock bands that will use "questionable" artwork on their products. They carry on until they receive a cease and desist letter. After receiving the letter, they'll use different "questionable" artwork until they receive a letter for that... I'd like to know about the EVH speaker cabinet in the background! thanks!
Yes! I have followed several of these case over the years! The Red Jumpsuit Apparatus stole and distorted photography for their "Don't You Fake It" album back in the early 2000's from a small photographer. More recently, Justin Beiber stole a painting from a small artist and then retaliated against that artist publicly on social media when she asked him to credit her.
In music, when you utilize someone's track or sample their work, crediting that artist is common sense. For a community so invested in the protection of artistic rights, many musicians unfortunately forget to apply these same principles to all other art as well. I especially see it in the smaller local scenes where everyone believes that Google is a valid place to snag images, logos, etc.
As for the cab - that would be Mr. Moore's. He's the reason my videos look so crispy and sound so clear. My dad was a touring musician when I was a kid (performed with Tommy Lee, the Misfits, etc), but since I didn't grow up musically inclined, I ended up married to a musician instead. What you don't see are the 600 boutique guitars leaning on a rack next to the cab. 😂 He is in a metal band but is also experimenting with EDM and cyberpunky-style production on the side.
@@StarlaMoore exactly regarding the image usage! I must admit, I’ve been guilty of that for gig flyers. Lol regarding Mr. Moore’s gear. I don’t have quite as many guitars, but I’m well on my way! They tend to take over our house too. I’ve been in metal bands, rock bands, Spanish rock bands, and now cover bands. Keep up with the great content and cheers to you and the Mr!
They like to sue people. Honestly when I was a kid I wanted so badly to go to Disney World but now as an adult, I see a lot wrong with Disney. They suck.
I think Etsy should assume some of this responsibility because they are allowing these listings to be on their site and they are comfortably collecting $.20 per listing for each of them. So if Disney is going to sue the people who are actually selling on Etsy then Etsy you should also be liable for their listing fees. Oh and the sales tax.
Etsy is a marketplace with over 5 million sellers. There is absolutely no possible way to mass-vet every listing uploaded to the platform without automations. And we have seen the chaos that automations have caused on Etsy in the past. If a brand of carrots is recalled from the grocery store for making people sick, it is not the grocery store's obligation to take the blame. It is the company who provided the carrots to that store. Etsy is the grocery store. The individual sellers are responsible for the products they produce, and uploading listings that violate Etsy's terms are actions of the seller. Etsy can only educate and take action when cases are reported.
They also take a good bit of other fees out on you through Etsy...
As someone familiar with companies like Nintendo and Disney being infamous for taking down small and large business's with copy rights. Making and selling any character products of any kind makes me so paranoid.
I'm surprised at how many copyrighted images I see on Etsy. I was just having this conversation about this with my husband a week ago.
When I search Disney on Etsy I can't believe the amount of products that currently have "+20 in cart" and the Best Seller tag. Why can't Etsy's algorithm just automatically flag and take down any listings with tags and words related to Disney? I suppose they can but don't because they profit big from it.
Okay. So let's think about this for a moment, because it's something that sellers ask me a lot.
What would it take to make an algorithm like this possible? First, it would take automation. It would mean building an algorithm that is able to remove listings related to every single large company. Disney. Video games. Books. Movies. Nike. Starbucks. That list goes on.
Then, that algorithm would have to understand context and subjectivity. For example, on Etsy, you cannot sell new Tupperware. But you can sell "vintage" Tupperware.
Assuming we could have an algorithm that does this, sellers would begin to simply dodge these words over time and use other terms unrelated to the large companies, while still making the items.
Some sellers have proposed an algorithm that can identify the images of things, such as the three circles that make up Mickey's head. But we all know how crappy visual search functions are. So who is to say that the same algorithm didn't flag a listing with three bracelets laying over each other in a way that kind of made them look like Mickey.
While I understand the desire for this feature, as I stated in an earlier comment, if a brand of carrots is recalled from the grocery store for making people sick, it is not the grocery store's obligation to take the blame. It is the company who provided the carrots to that store. Etsy is the grocery store. The individual sellers are responsible for the products they produce, and uploading listings that violate Etsy's terms are actions of the seller. Etsy can only educate and take action when cases are reported.
because etsy is A) greedy & wants to make as much $$ as possible & B) cause they don't wanna have to be bothered flagging & removing stuff cause they're lazy.
They already have an automatic take-down order from Netflix for anything to do with Stranger Things, so I know they can program something even just for using the word Disney.
@@kaybizzle RedBubble also does this for certain IP. If you use it in your tags or title, you will get flagged for manual review. I had to change a couple of my listings to remove mentions of certain brands before the review, and because I did it before they reviewed my products, they approved them and I didn't get any kind of strike on my account.
@@WhiskeyBlack777 No, that isn't why. It is impossible to police everything on the internet. That is why child pornography persists
"What makes it not okay for big businesses to steal from us?" Well unless we buy the patent for our things (which costs a lot), they do it anyways. So this law only works one way.
Exactly. Its a double standard.
Where and when did big business steal a graphic design from you?
Very informative and to the point. Thank you!!
Thanks so much for watching! 💛
@@StarlaMoore I not only enjoyed this but I immediately hit subscribe and currently scrolling thru your videos to download to watch.
I am starting a little business and it’s taking me longer to get going then I thought. But I’m so appreciative of your videos. Everything happens for a reason and I feel like your videos will
Give me so much info and I will be better equipped to launch!!
Thank you thank you thank you!!
I worried about this when I was crocheting items. I always made sure not to copy copyrighted themes. Just in case lol
This got me thinking... Do you think it is safe if you have items featuring public domain character that have disney adaptation? For exaple I have a listing for the headless horseman, refered to the Sleepy Hollow story from the 19th c. However disney has adaptation of the character as well.
Technically, yes. Same with Alice in Wonderland, as long as the Disney depictions are not being sold. However, I doubt Etsy will see a distinction if the listings are reported by Disney or other large companies. Etsy almost always sides with the larger company.
@@StarlaMoore good to hear. I have also stated in the description that the character is public domain and it based on the sleepy hollow. Thanks
Not to be snarky but I'm almost positive there are laws that benefit the already rich vs the of us still trying to get out there.
While I'm sure there are going to be cases like this, the laws that protect Disney are, in writing, the same laws that protect small artists. Disney just has money for better lawyers than we do. Regardless, art is IP and IP is protected in most countries.
Was about time! It will make it more easy for People who actually make original work to sell on the platform
Thanks for the information I’m subscribing!
Welcome aboard! We have fun here. 😎💛
As an artist who has had art and fonts stollen from me, I have zero issues about being a Petty Betty and contacting companies directly when I see branded items being sold illegally online… I do it all the time… unapologetically.
Disney going around suing everyone for using their art doesn't really make sense to me. Much of the stuff that Disney puts out in the public domain is the same old poses that they've always done. They hardly have that many designs. People that do more edgy, modern, cute, ect. designs make Disney more palatable to everyone. Plus Disney closing down their stores, I don't know how Disney is going to remain in the public eye if they don't let others advertise for them.
Of course it makes sense. As an artist I would very upset if Disney or any large corporation used one of my drawings and started mass producing their version and profiting off of it. For a time I made custom painted letters, shoes etc. till I realized how much trouble I could get in. You would have to make a completely distinct version of a character for it not to be an issue. And I believe it would have to be one that has long been out of copy right and is now public domain like Cinderella and Snow White. Basically your version of that character but it can’t look like the Disney one. Some get away with it and some don’t, but I wouldn’t want to be part of the later category.
Oh and I’d just like to add its not just Disney. When GOT was still popular, HBO went after people selling thrones related merch. I also recall a beauty brand going after a small business because even though they had completely different products their items had the same name. The larger company owned the copy right to the name and the mom and pop had to fork over all profits made on that specific item. They claimed the product having the same name drew customers to the mom and pop and caused confusion between brands.
I see items that don’t looked copyrighted at all being sold wholesale and I’m always weary to buy them for selling. It’s sad because sometimes wholesalers aren’t upfront and then we can get in trouble.
Finally. I loathe seeing people selling art they don't own or using IPs that aren't theirs for profit. This will remove some of the saturation on these sites.
From all of this all I got is that Disney is being over dramatic and unfair ( I find custom Disney ears are cute and who wouldn’t want to buy them for less than the originals)
Also they make a LOT OF MONEY EVERY DAY a lot of money that we are never going to see!!!
Disney steals stuff all the time.
I have a question, if someone is selling custom dog tags, pet memorials, etc., would they have to refuse ones with trademarked names? And would they get in trouble if they used the name of their own pet, who happens to be trademarked, as an example in the listing photos? I don’t have the shop where I had planned to do this with anymore due to health reasons, but holy smokes did it start a debate when I went on the Etsy Community forum. 😅
Eh, this is one of those gray areas that will depend 100% on who is looking at the case. I would make sure that if you sell these items, you just make a generic custom listing or make a fake name like "Fido" on the tag, then they can enter their own pet's name at the point of personalization. That way you wouldn't have to have any listings that could be seen as infringement.
My pediatrician's office got a cease and desist letter for having Disney TM characters painted on a large mural in the waiting room. It was so dumb. They just modified the characters colorations slightly.
Disney must desperate for money if they are going after small businesses. Maybe if they made better merchandise people would buy from them rather than look elsewhere.
I'm gonna be honest. Disney is so big, they should just let sellers make handmade fan stuff. Walt wanted mickey in the public domain but they keep taking him away.
Sadly this not new for Disney… they have gone after schools and other small businesses… also you might notice that even Disney fabrics have ‘do not make an item to sale’
I do remember hearing how a Girl Scout troop was contacted by Disney because they were using Tinkerbell on some promotional things. Then, Disney turned around and allowed them to continue using the fairy. The IP owner can do anything it wants.
It sounds like Disney didn't want to end up with bad publicity from the Girl Scouts so they retracted the case.