Graduation orders have trickled to a stop, but this is a relevant topic any time. When I first started my shop, and in particular when I started making
my graduation exploding box cards, I did not give a thought to using logos or
graphics from the internet and whether they might be trademarked or
copyrighted. Starting out, I was just
making cards with local school graphics, and it didn't occur to me that it
might be a problem. However, since
joining Etsy in 2010, I have made an effort to spend time in the user forums,
where I have learned a lot about many issues involved with selling on Etsy, and
as it happens, trademark violation is a huge issue. There are thousands of discussions about how
some of the larger companies, such as Disney, Harley-Davidson, and Tiffany, are
vigilant about violation of their trademarked materials (you can't even
describe something as "Tiffany blue", come to find out.) As it happens, many colleges and universities
have similar protections on their own logos and other graphics, especially the larger,
more notorious schools with big athletic programs. Thankfully, I became aware of this early on
when I began selling my graduation exploding box cards, and have made an effort
not to be in violation of any school's policy on use of their logos. Unfortunately, it's not always clear, and
that's where I run into uncomfortable situations.
With school logos, my usual procedure is to first look at the school's
website to see if they have a brand guideline.
Many of the larger schools have a document that describes everything
from the exact fonts and colors in their official brand, to information about
permitted uses. Some have a request form
that can be filled out and submitted to request authorization to use the
materials, but most that I have dealt with do not. In those cases, I have to search the website
for contacts in their marketing, public relations, or branding department and
send an email requesting permission to use their logo. I would estimate that the rate of response is
about 50/50: half of the time, I get an email back granting me permission, and
half the time I get no response at all.
Only once have I received a message denying permission. If I get no response, I will not use the
logo- I will only use it if I can document that I have permission to use
it. It is disappointing when I can't use
the logo, because most buyers do want it used on their products, but most are
very understanding about this.
You might ask, what's the big deal, anyway? Would some big university or company on the
other side of the country (or world) really care that some small-time paper
crafter on Etsy put their logo or image on a customized greeting card? The answer is: I don't have enough money to
find out the hard way. In other words,
if I use an image without permission, I am risking a lawsuit. The fact is, logos and other trademarked
images are protected by law as being the property of the trademark holder, and
many can and will do what they have to do to protect their property
rights. There are a number of companies
that are well-known for doing sweeps on Etsy for sellers using their
trademarked property illegally. They
file a DCMA (Digital Millennium Copyright Act) notice with Etsy, and Etsy must
comply by taking down the offending listings.
Etsy has a 3 strikes policy regarding violations of trademark or
copyright- if a seller gets 3 strikes, their shop is shut down and they are not
permitted to reopen. Period. Check out the Etsy user forums any day, and
I guarantee you will find at least one post from someone complaining that they
were shut down for trademark/copyright violation and don't know why. Ignorance is not bliss in this case- Etsy
considers it the responsibility of sellers to know and comply with the laws.
I have been asked to use materials that I do not have permission to
use, and while I hate it when I can't give a customer exactly what they want, I
simply cannot take the risk. Some may
view a transaction between a buyer and seller as private, so what's the
harm? Well, the thing is, once the
product leaves my hands, it is no longer private- it is in the hands of the
buyer, and the seller has no control over what happens with that product or who
sees it. All it takes is one social media
post with a photo of the product, and the audience is suddenly much wider than
just the buyer. While it's true that you
can find thousands of sellers on Etsy willing to take that chance, I simply
have never been comfortable with it. And
it's not even only about the risk involved, although that is a major
factor. But also, I've seen the shops
that are chock full of designs that include trademarked materials from tv
shows, movies, etc. Knowing the law, and
that these shops are blatantly violating it, cheapens the value and the name of
that shop, because it's basically stolen merchandise. They are literally stealing from the
trademark owner by profiting from the use of that material. I hold myself and my business to a higher
standard than that. I have built my shop
and my reputation as a seller on honesty, class, and integrity, and am not willing to cheapen it by illegal use of someone else's intellectual property under any
circumstance.
I have turned down several requests to make exploding box cards with
Disney and other trademarked materials. Yes,
I lost money that I could have made, but my conscience is clear and I can sleep
at night. As complicated as copyright
and trademark law is, that really is what it comes down to: how I feel about
the integrity of my work and my shop.
Maybe only someone's immediate family would see the product that I make
for a customer, and no harm would come of using that trademarked Harvard or
Disney image. But I can't set that
precedent, because that might not be the case with the next one. Or the one after that, or the one after
that. I have a firm policy, and just
can't cross that line, not even once.
As disappointing as it is when I can't use a logo or other image, it's
also an opportunity to push my creativity and find something else I can do
instead. That has resulted in some
things that I am truly proud of, and that is what keeps me as a crafter, and my
business, moving forward and continuint to innovate.
As Dumbledore said in Harry Potter and the Goblet of Fire, sometimes we
have to make a choice "between what is right, and what is easy", and
in my business, as well as in much of life as possible, I choose what is right.
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