Tuesday, February 12, 2013

Copyright Registrations Etsy no Proof of Claim Items Disabled

First off I want to say why I am writing this, it is not to be mean or nasty but to let other sellers on Etsy know what can happen to them if they choose to sell on the Etsy Venue. As well as the fact they do nothing about other sellers harassing you. Nothing at all!

Etsy did take down my items as threatened by (theresajune@aol.com).
She apparently does not have to show a certificate stating such a claim that she has copyright of a particular placement of Swarovsk Crystal Beads for angel wings. 
I wonder what Swarovksi Crystal will think about this since they are in the business to sell beads. The two items Etsy removed from my shop look nothing like hers. I have read about Copyright and in order for her to do this, she has to submit a photograph and state style, size, shape and color, and of course in this instance she would have to have permission from Swarovski Crystal as well. 
I don't understand why they only removed two items when the email I received from Etsy says 3 and more she claimed she has a copyright to. I was not able to get any satisfactory answers from Etsy at all today. 
 Are you kidding me? why didn't they take them all down? no explanation from Etsy as to why she made several claims and they only took two down. No reason why except she claims they are her designs. My angels that were taken down were not even the same size drop or colors as her angels have in them. 
 How do I know she won't do this again on the Etsy Venue to every single thing I create and make using Swarovski Crystals?
 Quite interesting in fact that she knows my website address www.krystalkats.com and she has not tried to take me down there, why? because she is lying. In one of her emails to me she said she would show the cert number but never did, fishy for sure.   
I am posting about this on my website because I can talk about what I want here, even though apparently I am not allowed to create what I want with Swarovski Crystal beads on Etsy without fear from this woman.    
True to her word she has done this many many times and gotten away with it and of course she knows she can without repercussion. 
You know I guess I have to spend my money and time to proof she is lying instead of her proofing she has the certificate and is legit, is there something wrong here?      
It makes me wonder if I should waste anytime selling anything on Etsy at all, because they have very stupid rules that don't make any sense at all and they are not concerned with the sellers they have on their venue. 
The use a 1998 http://lcweb.loc.gov/copyright/legislation/dmca.pdf that they sent me in a email which they use.  
Anyone can do this at any time to another seller on Etsy and they will allow it. 
When you write them they just say there is nothing they can do you have to get an attorney, they don't even give me the copyright certificate number.   
 The particular beads I purchase and most Swarovski Crystal sellers purchase that make suncatchers are all the same pieces, you can only make so many creative ideas with these same type of crystals....... many people are creating similar things and similar colors and styles that is called competition. Fair or unfair that is the way life goes. 
It's not like myself or another person has their own creations from Swarovski that we can make something so unique it could never be copied or made into a similar design.
I am going to contact Swarovski Crystal and I am going to check to see if she has the Cert. I am not going to allow people to bully me and force me from selling my own creations. That is just not right.
 If I want to place four beads on a Swarovski Crystal Drop to make an angel I should be able to do just that, she does not have copyright to corner that whole entire market of bead placement on an Angel. 
I am really really disappointed in Etsy.      
You know even if it was true that she has this certificate it would be illegal and could be challenged in a court of law because Swarovski Crystal would not give her permission to do this as they are in the business to sell beads. She did not pay to have this particular bead made especially for her, this is what I told Etsy and they don't care. I even told them there are many people making angels with Swarovski Crystals, but she claims she is the only one that can have four beads on an angel wing. 
I have a great idea, I need to get 5-10 people to make angels with the beads I use and create a listing on Etsy for 20 cents per listing and then if you sell it you pay the PayPal fees plus Etsy seller fees, but you keep the rest of the money you made off your creation. To bad I could not really get people to do this that would be a hoot.   

Here is the link to all that Etsy needs from another person to deactivate your listings? I want to know who is the idiot that would allow this to happen without any proof. No one is safe to sell on Etsy with these rules. Ridiculous!  
The six pieces of information they require is not sufficient information from the person making such claim. Below is all you have to do to make your claim that someone is infringing up your copyright. Crazy! 

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by fax or regular mail – not by email, except by prior agreement);
  1. Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
  2. Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Etsy is capable of finding and verifying its existence (for listings, please provide item numbers);
  3. Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting Etsy on the owner's behalf, the address, telephone number and, if available, e-mail address;
  4. A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
  5. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.

Why Were My Items Deactivated?
------------------------------

1)  Etsy received a notice from Theresa June Byard (theresajune@aol.com) of pearlplaceNmore.etsy.com. The notice said that Ms. Byard owns the Copyright Registrations "Theresa June Byard Sun Catcher Collection" #1, #2, and #3, among others. According to the notice, certain material on Etsy is not authorized.

2) The notice drew attention to 2 listing(s) in your Etsy shop
including: 122321927 and 122323478.

3) The letter stated that these listing(s) incorporate designs,
symbols, language, images, or photographs that infringe upon
the concerned party's copyright or other intellectual property
right.

4) Etsy removed the listing(s) based on Etsy's Copyright and
Intellectual Property Policy: http://www.etsy.com/copyright_policy.php.

If you have questions about this claim or if you believe there
has been a mistake, please refer to the information below. You
may also want to directly contact the party who submitted the
notice or infringement using the contact information above.

Thank you,

Etsy

legal@etsy.com



I wrote them again for a certificate number and this what their reply was to me.




FEB 12, 2013  |  09:25PM UTC
Kathy -

We understand these issues can be difficult.

We adopted our policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). Etsy received a notice about material in your shop. We are not a judge or jury. We are a venue, and as such, we complied with our policy and removed the material specified in the notice.

We sincerely hope you can resolve this with the appropriate party.
Jason
Etsy Legal Support 



Oh I may add also that I have notice throughout life that liars and manipulators are so good at what they do.

Some good new at the end of this day....I noticed that one of my angel suncatchers that has four beads on the wings has been left up, it was the #3 I bet, referring to notice above, I am just wondering and others, what are the others. I am glad they did not take more down.

I had a convo with the woman this evening and I asked her for the proof the document she refuses to give it to me, she says she gave it to Etsy and that is all she needs to do. If she was telling the truth she would show me the copyright. I would..... I mean that would put this matter to rest, but only liars like to hide from the turth. Truthful people will be very open and upfront.     

 ~Kat

3 comments:

  1. Wow so sorry this has happened to you. I know of other's it has happened to as well.
    Good luck on fighting for your rights.
    Nicole/Beadwright

    ReplyDelete
  2. this is all just crazy, can't believe she went to all this trouble, she must have felt very threatened by your work. I wish you all the best if you decide to continue to fight her, hope Etsy comes to their senses. Maybe the bead company should know that she is causing everyone to have to stop selling their projects using their beads

    ReplyDelete
  3. You have done a good job on explaining this. I really hope it all works out for the best for you. Thanks for all this warning!
    Susie

    ReplyDelete

Have a wonderful day! ~Kat