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Topic: Etsy shop is stealing from me & maybe you too!!!  (Read 6265 times)
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mekenoka
« Reply #10 on: March 21, 2011 03:25:31 PM »

I talked about this on another thread on here..  but underselling..  The seller takes your pictures and your description and resells it on their site.  Most try to pick sellers that don't re-list or try to push their stuff up the list.  When a person buys from their shop, they buy from you and give you the address of their buyer..  So you pay for the mailing and they make profit.. 

But I think shes a make and run shop..
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MinnieMay9
« Reply #11 on: March 26, 2011 08:29:33 AM »

For the pictures themselves, for the future, you could put a watermark on it.  Somewhere it would be hard to remove, like along the bottom edge of the ring band or something like that.  Then it would be a little more obvious that they are taking your pictures.
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« Reply #12 on: March 30, 2011 01:31:00 PM »

 I hate to tell you but sending yourself a SASE will NOT do a darn thing in court! THIS IS WHAT YOU MUST DO! is it really worth it? 45.00 PER pic, and then your lawyer etc for someone to shut down and reopen..Think about it she is not the person we would all run with that is for sure BUT not ill-eagle what she is doing and YOU should watermark all your pics so someone cant do that to you that is the sad fact and bottom line...BooHoo hate it that this happens but this is the ONLY way to copyright an item!!!

Register Your Photography with the U.S. Copyright Office

Although you may register your photos at anytime, you may only recover the damage over the duration of your valid photography copyright registration. Without it would make recovering (or partial recovery) your attorney and court fees difficult. In order to prepare yourself before you proceed, you might consider registering your photography under these three fundamental guidelines:

   1.

      You must register your already-published photos within three month of the date of your publication.
   2.

      You must register your yet-to-be published photos before the infringement.
   3.

      In order to qualify for copyright, your work must be tangible (on print, on media, not just an idea) and original.

Copyright: Short Form VAIt only costs you $45! To register, contact the Register of Copyrights, Library of Congress, Washington DC, 20559, and obtain the Works of Visual Art (VA) Form, or Short Form VA.

You may register a multitude of works under one registration fee. To get your money's worth and speed up your filing process, include as many digital photos as you can onto a single CD or DVD. You are not required to include high-resolution images, as long as your photos could be clearly identified and compared with a "violation"; photo dimension ranging between 250 to 300 pixels should suffice.
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« Reply #13 on: March 31, 2011 09:07:32 AM »

I talked about this on another thread on here..  but underselling..  The seller takes your pictures and your description and resells it on their site.  Most try to pick sellers that don't re-list or try to push their stuff up the list.  When a person buys from their shop, they buy from you and give you the address of their buyer..  So you pay for the mailing and they make profit.. 

But I think shes a make and run shop..



How frickin shady is that.   Geez...the levels humanity can sink to.  And have zero conscience.  Seriously, how do they sleep at night.
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ArtChick
« Reply #14 on: April 06, 2011 04:52:29 PM »

There are things you can do to stop her B.S. thievery.

1) You can file a claim against her with Google for violating the Digital Millennium Copyright Act.
http://www.google.com/dmca.html
And it would seem to me that Etsy would suffer a lot if more people did this, since they seem to not really care about copyright infringement at all. But they DMCA says they HAVE to care!

2) You can report her to RipOffReport.com.

3) If you can determine her ISP, you can report her to them. Use a DMCA Take Down Notice to do so and the ISP will have to pay attention to that, and it can result in her losing her Internet provider.

You should definitely be watermarking every photo you use in your site. There are websites that do this for free, and programs you can download for free to do it also. It only took a couple of my own photos being stolen (though not on Etsy) for me to learn my lesson. And just be sure that when you watermark you don't put the watermark in a place that it's easily removed/cropped out. It's sad that we have to do this, but unfortunately, we do.

Formally registering your photos with the US Copyright Office is the only way to have a leg to stand on in a court of law, if it were to come to that. "Poor Man's Copyright" (sending yourself things through the mail w/copyright notice on them) does NOT stand up in court, just so you know.

Most people who sell online don't legally register all their photos, but it is an option. That being said, all of your photos are legally protected by copyright law the minute they are fixed in a tangible form. But the registration is necessary if you were to go to court over something like this.
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ContessaCrafts
« Reply #15 on: April 07, 2011 05:54:19 AM »

Oh my goodness! You should definitely put water marks on you pics to prevent this mess!!
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CutYourHeartOut
« Reply #16 on: April 10, 2011 08:48:40 AM »

Ugh, that totally sucks and I'm sorry.  It has reminded me that I need to watermark my photos though.
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« Reply #17 on: April 10, 2011 10:39:48 AM »

 I'd submit her to regretsy.com. Maybe they will humiliate her into stopping.
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dancingnymph
« Reply #18 on: April 29, 2011 05:57:38 PM »

Can you perhaps get her under trades description act(or US equivalent? I'm English). She can't be sending out what's actually in the picture when it's in your craft room can she?

It's so sad when this happens. I don't have a problem with people adapting and using my designs for inspiration but this is ridiculous. Etsy should do something though, they do say it has to be made by the seller and they are sooo obviously your pictures.

I'm considering doing Etsy but not sure how easy it would be being across the pond.

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« Reply #19 on: May 18, 2011 07:31:40 AM »

A little FYI on Copyright Law:  Anything you create is automatically protected by US Copyright Law.  The reason why people "register" is to have a formal document with all the details.  If there is no registration, you are still protected, but it may be more difficult to prove in a court type situation.  You do not need to take extra steps so that you are protected.  A simple notice in your shop is sufficient.  (I am NOT a lawyer, but I just graduated from law school with a focus on Intellectual Property.)

The most cost effective/easiest thing to do is to send a takedown notice (as mentioned before, here is also more info: http://rising.blackstar.com/how-to-send-a-dmca-takedown-notice.html).  You can also send a cease and decist letter threatening legal action (you can just google for samples.)

Here is some general copyright law info:
http://www.copyright.gov/circs/circ1.pdf
http://www.copyright.gov/help/faq/
http://www.loc.gov/teachers/copyrightmystery/
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