How to Report Copyright Infringement on Etsy

Are you an Etsy seller who discovered someone unlawfully copied your original artwork and designs? Your piece of artwork is the result of your creative talents and hard work. It’s disheartening to see others profiting from your original ideas without permission. That’s why it’s essential to take action when copyright infringement occurs. 

In this comprehensive guide, we’ll walk you through the step-by-step process of reporting copyright infringement on Etsy. From gathering evidence to submitting a well-crafted notice, we’ll provide the knowledge you need to enforce your exclusive rights effectively. We’ll discuss the importance of copyright registrations and acting promptly, offer tips for documenting violations, and explain how Etsy handles copyright disputes.

What is Copyright Infringement?

Copyright infringement refers to the unauthorized use, reproduction, or distribution of copyrighted work without the owner’s permission. It can include reproducing, distributing, performing, displaying, or creating derivative works from a protected work without authorization. Copyright infringement is a serious offense and can be punishable in civil and criminal courts.

In the context of Etsy, copyright infringement often involves the unauthorized reproduction or sale of another seller’s designs. Sometimes, other types of intellectual property infringement claims exist in these cases, for example, trademark infringement. These shops use logos and branding similar to the original artist’s entire shop. The shop listings may feature product listings that attempt to replicate the design of a popular page or product created by someone else.

Any original artist who is an Etsy seller is an intellectual property owner. In addition to that, an Etsy seller is also a business owner. It’s disheartening to see others profiting from your original ideas without permission. That’s why it’s essential to understand the copyright protections that apply and take action when copyright infringement occurs.

Verifying Copyright Infringement on Etsy

Identifying copyright infringement on Etsy can be challenging, especially when there are numerous listings and sellers. An intellectual property attorney can help you identify potential violations by monitoring the marketplace and protecting your business. Here are some key indicators to look out for when identifying infringement issues:

1. Similar designs: If you come across listings that closely resemble your designs, it could be a sign of copyright infringement. Pay attention to your work’s overall concept, composition, and distinctive elements.
2. Identical product descriptions: Take note of product descriptions that are word-for-word copies of your own. This could indicate that someone is directly copying not just your design but also your marketing materials.
3. Suspiciously low prices: If you notice listings that offer product listings that include popular designs or artwork at significantly lower prices than the original creator, it could be an indication of copyright infringement. Often, infringers try to undercut the original creator to attract buyers by offering cheap products.

Remember, copyright infringement can occur in various forms, including using images, text, shop design, or even product listings. Stay vigilant and regularly monitor your listings to spot any potential violations. 

If you need assistance enforcing your brand and original creation on Etsy and other E-Commerce platforms, please call Drishti Law at (773) 234-1139 or book an appointment.

Why it’s Important to Report Copyright Infringement on Etsy

Reporting copyright infringement on Etsy is crucial for protecting your legal rights as a copyright holder. Any claim of copyright infringement must start with a thorough clearance & review with the assistance of an intellectual property attorney. By filing reports of infringement, you not only protect your own business but also maintain the overall integrity of the Etsy marketplace. Here are a few reasons why it’s essential to take action:

1. Protect your business: By reporting copyright infringement, you ensure that others cannot profit from your hard work and creativity. This protects your brand reputation, sales, and potential future earnings.
2. Maintain the integrity of Etsy: Etsy is built upon the principles of promoting originality and creativity. By reporting copyright infringement, you uphold these values and ensure a fair and level playing field for all original artists.
3. Support other sellers: Reporting copyright infringement not only helps you but also supports other sellers who may be victims of the same infringement. You create a safer and more respectful environment for all Etsy sellers by taking action.

Now that you understand the importance of reporting copyright infringement on Etsy, let’s dive into the step-by-step process.

Steps for Preparing a Copyright Infringement Notice for Etsy

Step 1: Review Etsy’s Intellectual Property Policy

Before reporting a copyright infringement, it is essential to review Etsy’s stance on Copyright infringement and its overall Intellectual Property Policy. This policy outlines the rights of copyright owners and Etsy’s procedures for responding to a copyright infringement claim. In addition to Etsy’s policy, shop sellers must understand local intellectual property laws to verify the potential infringement. 

Step 2: Gather Evidence

Gathering evidence supporting your claim before submitting a copyright infringement notice to Etsy is crucial. Take screenshots of the infringing listings, including images, descriptions, and other relevant information. Ensure your evidence clearly demonstrates the similarities between your original work and the infringing listings. Accusations of infringement are serious, and false claims are actionable by the accused and Etsy.

Step 3: Compile the Contact Information of the Offending Shop Owner

To report copyright infringement, you’ll need to provide Etsy with the contact information of the shop owner responsible for the infringing listings. Look for the shop name, owner name, and other available details to help identify the person or entity behind the infringement. This information will especially be necessary if you have to send cease and desist letters or serve process to the shop owner in the future. 

Step 4: Draft and Submit the Takedown Notice to Etsy

If you believe someone has infringed upon your copyrighted work on Etsy, you can send a takedown notice to Etsy. In the notice, you should provide information such as the copyrighted work that was infringed upon, a description of where it can be found on Etsy, and your contact information.

Once you have gathered the necessary evidence and contact information, it’s time to draft your copyright infringement notice. Etsy provides a template for reporting copyright infringement, which you can customize to include the specific details of your case. Make sure to accurately describe the infringed work, provide evidence, and state your legal basis for claiming copyright ownership.

It’s important to note that your takedown notice should be clear, concise, and polite. Avoid using aggressive or confrontational language, which may hinder the resolution process. Once your notice is ready, submit it through Etsy’s Intellectual Property Infringement form. Be prepared to provide additional information or clarification if requested by Etsy.

Step 5: File an Infringement Report with Etsy

After sending a takedown notice to Etsy, you may also file an infringement report with them. This report should include information such as the copyrighted work that was infringed upon, a description of where it can be found on Etsy, and your contact information. Claims of infringement should include details surrounding ownership rights regarding the copyrighted work. It is always beneficial when the original content or design is protected through copyright registration at the US Copyright Office (USCO).

Most sellers dealing with infringement issues on Etsy usually lack federal copyright protection and comprehensive e-commerce enforcement procedures. Although automatic copyright protection applies to any original creation that is “fixed” in a tangible medium, a copyright registration at USCO is required to file claims of copyright infringement in federal court. Succesful actions in federal court open the doors for original content creators to request actual damages, statutory damages, and in some scenarios, attorney fees from the infringer. Proper copyright protection allows the original creator to enter into licensing agreements without compromising their work’s value. 

Step 6: Follow Up With Etsy After Submitting Your Report

After submitting your infringement report to Etsy, you should follow up with them to ensure they are taking action against the alleged copyright infringement. You can do this by sending an email to copyright@etsy.com or by calling their customer service line at 1-877-373-8863.

Step 7: Legal Actions against Copyright Infringement on Etsy

While reporting copyright infringement on Etsy is a crucial step, there may be instances where additional enforcement actions are necessary. In that case, if you believe that your intellectual property rights have been seriously infringed upon, you should consult an intellectual property or copyright attorney. They can provide legal advice and guidance regarding potential further actions, such as sending cease and desist letters or pursuing copyright infringement lawsuits in state or federal court. 

It’s important to note that enforcement actions can be time-consuming, expensive, and may not always guarantee a favorable outcome. Consider the potential costs and benefits before pursuing legal avenues, and consult with a professional to understand the best course of action for your situation.

What’s Next after Submitting a Copyright Infringement Notice?

After submitting your takedown notice, Etsy will review the information provided and assess the validity of your copyright claims. If Etsy finds sufficient evidence of copyright infringement, they will take appropriate action, including removing the infringing listings or suspending the offending shop.

Remember that Etsy’s response time may vary, and it’s important to be patient throughout the process. In some cases, if the accused sop files a counter-notice in response to the infringement allegations, Etsy may require additional information or evidence to support your claim. Respond promptly and provide any requested information to ensure a smooth resolution.

Conclusion

Copyright infringement on Etsy can be a frustrating and disheartening experience for sellers. However, by taking immediate action and reporting these violations, you can protect your intellectual property rights and maintain the integrity of the Etsy marketplace. Remember the importance of gathering evidence, preparing a comprehensive copyright infringement notice, and cooperating with Etsy throughout the resolution process.

If you need assistance enforcing your brand and original creation on Etsy and other E-Commerce platforms, please call Drishti Law at (773) 234-1139 or book an appointment.