So you’re wondering how to avoid copyright infringement on Etsy?
If you clicked through to this post, you’re probably aware that the Etsy marketplace has been cracking down on shops. It definitely feels a bit scary to hear stories of people getting their shop shut down, but keeping yourself informed can help you avoid it!
Whether you’re a seasoned Etsy seller or you’re brainstorming what you want to start selling in your Etsy shop, here are a few helpful pieces of advice as well as a few resources to check out so you can keep yourself out of trouble and avoid the dreaded copyright claim.
For those of us without a law degree, copyright policies can be a dense and kind of confusing topic. I will do my best to break everything down in a more easy to understand way than some of the legal jargon out there.
Disclaimer: This is not legal or business advice, nor am I a legal professional. This post is solely for informational purposes.
Helpful Terms To Know
- Intellectual Property Owner – a person or company that creates an idea or concept, such as a design, story, or piece of art.
- Copyright – “the exclusive legal right, given to an originator or an assignee (i.e. intellectual property owner) to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.” Oxford Languages
- Intellectual property is protected under copyright law. The copyright owner and anyone they authorize are the only ones that are legally allowed to copy the work(s).
- DCMA – acronym for “Digital Millennium Copyright Act” which is basically the copyright law for the internet. It spells out the rights and duties an intellectual property owner has and it’s also where you can file a takedown request if you feel your intellectual property has been stolen.
- Registered Trademark – “a symbol, word, or words legally registered or established by use as representing a company or product.” Oxford Languages
- United States Patent – a license that gives an individual, entity, or company exclusive rights to be the only one that is allowed to make, use, or sell a particular invention for an allotted amount of time.
- Fair Use – “(in US copyright law) the doctrine that brief excerpts of copyright material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder.” Oxford Languages
What is Copyright Infringement?
According to copyright.gov, “As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.”
While this article is linking to the U.S. copyright office, one other important thing to note is that copyright is not limited to the United States. In fact, the U.S. “has copyright relations with most countries throughout the world, and as a result of these agreements, [the U.S] honor[s] each other’s citizens’ copyrights.” Copyright.gov
Basically everyone, regardless of what country you live in, should be aware of copyright and copyright infringement!
Things To Avoid Selling
Here are a few different things that Etsy sellers shouldn’t sell to avoid getting a copyright violation.
Any products with designs, names, or phrases that are based off of or similar to:
- Sports Teams
- Brand Names / Logos
- Movies / Movie Characters – that’s right, no Disney fan art 🙁
- Video Games
- Celebrities
- Musicians
- Song Lyrics
- Books / Book Characters
Products designed in the likeness of something that is copyrighted are unfortunately not subject to fair use.
Important Note: Even the products you are printing your art on are fair game for an infringement claim! There have been several cases of Etsy sellers getting their shops shut down because they were selling phone holders that were similar to PopSockets®.
It’s very important to be diligent and research every aspect of the product you will be selling.
How To Avoid Copyright Infringement On Etsy
So now that you have a clearer understanding of what kind of content can be a potential infringement, here are some tips to help you avoid getting in trouble.
Stick With Your Own Original Ideas
If you are profiting from the likeness of, for example, a copyrighted movie or video game character, this could still potentially lead to copyright infringement. This includes cases where you have created something in your own style and falls under “derivative work”.
When it comes to creating products or art, stick with your own original work and ideas.
Use Resources That Are Public Domain
Using materials that include artwork or content that is not in public domain is also ground for copyright violations. For example, if you are a collage artist and you use a design that is copyrighted in your art, you could potentially receive a copyright infringement.
Public domain is creative work that is not protected by copyright, which means it can be shared, reproduced, copied, or changed freely. However, this does not always mean you can sell it. Thoroughly research the terms and conditions in which you can use it.
Look For Creative Commons Works
Work that is under creative commons licensing is basically someone’s intellectual property that they have decided to share with the general public under certain conditions. Common examples would be stock photographs and videos.
Check The Licensing Agreement
There may be certain content that is considered creative commons, but some things may not be for commercial use (using something, i.e., a photo or video, for financial gain).
Always make sure you read the terms and conditions before using content in products you plan to sell.
Research Before Creating
Do some research before you commit to creating a product or design to see if there are any copyrighted phrases, logos, or designs so you know what to avoid before you start creating!
You can use Google for this but it is even more helpful to look up copyrights and trademarks.
Avoid Referencing Art That Isn’t Yours
If you are looking at someone else’s art designs when you create a product, chances are you may make it too similar to their design. It’s totally okay to gather inspiration and study other art to see what you like about it, but the best thing to do is to avoid referencing other original artwork when you are creating your own art. Stick with public domain images or your own artwork and reference photos instead!
When In Doubt, Consult With A Professional
As stated in the disclaimer, this post is not an exhaustive resource for copyright law, nor is it legal advice.
If you aren’t sure if what you are making is infringing on someone else’s intellectual property, it never hurts to seek a second opinion from a trusted source, such as another professional or legal counsel.
Etsy’s Reporting Portal
In April 2022, Etsy created a new Reporting Portal that helps sellers to register their brands and to more easily report copyright violations on the platform. This means that sellers will have a bit more copyright protection when it comes to copycats, but it also means that you’ll need to be even more careful with the products you sell on Etsy. Copyright owners will be able to more easily find and report any violations.
Be sure to check out Etsy’s Intellectual Property Policy for further details.