What constitutes 'copyright infringement' to Zazzle?
beachcomberbob
Posted: Friday, September 30, 2011 4:27:26 PM

Groups: Member

Joined: 11/5/2009
Posts: 1
I've just had half my store wiped out for what Zazzle calls 'infringement' (without explanation of what aspect of my designs 'infringe'), and yet I can go elsewhere on the site and find dozens of other sellers using combinations of the same or similar images and slogans which aren't their original work. Cases in point - Is the word 'bazinga' copyrighted, or was it the actors face that I included? Are stills taken from freely available news footage copyrighted? Are stills of Youtube 'celebrities' (vloggers) and every quoted word they make copyrighted?

I know this is the litigation age, but where does it end? Is every single popular slogan going to be subject to Zazzle's 'infringement' rules?

I would say "nuff said" here, but Zazzle would probably deem that as copyrighted by Marvel Comics.
dreamNwish_Photo_Art
Posted: Friday, September 30, 2011 5:40:17 PM
 Zazzle Proseller
Groups: ProSeller

Joined: 9/24/2009
Posts: 5,011
They're not big on explaining why, unless you contact them about it. You might get an answer, then. I guess they figure if we've read the rules/guidelines when joining....

You'll find billions of items on Zazzle that are in violiation of copyright. The thing is, they're approved (most likely automatically, unless postage or Keds), but when someone tries to purchase them, Zazzle sees the "red flag" go up that there is copyrighted material and the sale will not go through.

Unless someone reports the item (with solid proof) as being in violation, then it'll stay in the marketplace. Some people do have permission to use certain designs, so this is I mentioned solid proof should be considered.

Sometimes it's not the actual design on a product. It's copyrighted or trademarked listings in the title and/or tag words that may get an item pulled. For example, if someone uses the words Verizon or Harry Potter to tag or describe, then the item will be pulled because of the use of those the words.
cowboyannie
Posted: Friday, September 30, 2011 5:55:27 PM
 Zazzle Proseller
Groups: ProSeller

Joined: 9/21/2008
Posts: 8,846
Location: Wisconsin
Here are the Zazzle Terms of Use:

http://www.zazzle.com/mk/policy/user_agreement

Included in them is this part here:

Quote:
As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or design that you've copied from a website without written permission from the owner. You cannot create a "new" image using elements from images other people have created. And you cannot contribute a quote or a slogan that is substantially the same as something already written by someone else.


Hope this helps.
dogplay
Posted: Friday, September 30, 2011 7:53:42 PM
 Zazzle Proseller
Groups: ProSeller

Joined: 3/26/2007
Posts: 2,468
beachcomberbob wrote:
I've just had half my store wiped out for what Zazzle calls 'infringement' (without explanation of what aspect of my designs 'infringe'), and yet I can go elsewhere on the site and find dozens of other sellers using combinations of the same or similar images and slogans which aren't their original work.
I can drive just about any highway and be passed by dozens of drivers exceeding the speed limit. A walk along the busiest streets in most major cities will show dozens of cars parked illegally. Thus what you see others doing is no guide for what is allowed.
Quote:
Cases in point - Is the word 'bazinga' copyrighted, or was it the actors face that I included?
The word is not copyrighted. No word can be. It can be trademarked. Simply put we can't profit from the work of others in making their TV shows and Movies. They made the investment, they take the risk, we don't get to profit without sharing in the costs and risks - and that means their permission.
Quote:
Are stills taken from freely available news footage copyrighted?
All news footage is copyrighted. That you can get something easily and without cost does not mean you are free to use it and profit from it. You also may not surf through images and take them. Most stuff you can find on the internet is owned by someone else and you need their permission to use it.
Quote:
Are stills of Youtube 'celebrities' (vloggers) and every quoted word they make copyrighted?
Pretty much. There are limits to copyright but essentially if you didn't create it and you didn't get permission to use it, then you can't use it.
Quote:
I know this is the litigation age, but where does it end? Is every single popular slogan going to be subject to Zazzle's 'infringement' rules? I would say "nuff said" here, but Zazzle would probably deem that as copyrighted by Marvel Comics.
If the slogan brings to mind a particular product or business, the answer would be, yes, it is most likely an infringement.

Do a search on "Legal Basics for print on demand contributors"
california_gift
Posted: Saturday, October 01, 2011 7:38:59 AM
 Zazzle Proseller
Groups: ProSeller

Joined: 2/5/2011
Posts: 20
We do not have the rights to use the images of celebrities and people. But I do agree, the copyright claims are ridiculous. I just looked at my stores and noticed all my shirts were removed. I hoped this was a system error, but then I checked my email.

I received a messages from Zazzle that I had copyrighted material from Summit Entertainment for using Twilight tags. None of my products contain anything related to Twilight. I have never even watched this Twilight stuff. I sell hometown gifts. The following are my tags:

208, idaho gift, idaho store, 208 area code, 208 area code gift, idaho, idaho area code, 208 idaho, swag, crown, king, queen, city, state, cities, states, swagger, swags, swaggar, areacode, shop, online, gift, 208 idaho swag, area, codes, united states

What in that says Twilight, or anything pertaining to this Twilight stuff? This is too much. Not only is it VERY time consuming to create products, but to have them removed after putting in so much work...

Good Luck with your future designs!
Customizables
Posted: Saturday, October 01, 2011 10:53:19 AM
 Zazzle Proseller
Groups: ProSeller

Joined: 8/12/2008
Posts: 2,585
I had a cheerleading teddy bear and a baby skunk design pulled a couple of years ago when the new Twilight movie was coming out presumably because they infringed on Summit's copyright. I rose a stink about it and managed to get my products reinstated. Sometimes they can't reinstate products, because they delete them before letting us know about it, but sometimes they can.

Personally, I think they should hide/freeze our products until we have a chance to respond to the supposed violation, but we've been fighting for that for years and it still hasn't happened.
dogplay
Posted: Saturday, October 01, 2011 2:31:08 PM
 Zazzle Proseller
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Joined: 3/26/2007
Posts: 2,468
california_gift wrote:
We do not have the rights to use the images of celebrities and people. But I do agree, the copyright claims are ridiculous. I just looked at my stores and noticed all my shirts were removed. I hoped this was a system error, but then I checked my email.
Checking your email only says you got an email regarding the issue. It can still be an error. Write and ask.
Rachel
Posted: Thursday, January 03, 2013 12:38:34 PM

Groups: Member

Joined: 1/3/2013
Posts: 1
That happened to me! I spent hours on a design I was making for My Little Pony (because I know Bronies are obsessed and I thought I would make good money), but they said I copyrighted and they were going to take it down. I didn't understand why since so many others had the same thing.. at least I created an entirely different design when they just copied pasted... It really annoyed me and I didn't understand why MINE out of everyone else got taken down Sad
Maz
Posted: Thursday, January 03, 2013 12:44:12 PM
 Zazzle Proseller
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Joined: 12/3/2008
Posts: 5,772
There is an official My Little Pony store on Zazzle. Perhaps that is what you saw. You need to come up with your own designs that have nothing to do with someone else's creations.
Gina Lee Manley
Posted: Thursday, January 03, 2013 12:55:22 PM
 Zazzle Proseller
Groups: ProSeller

Joined: 7/30/2007
Posts: 4,462
Location: Greenville, SC
Rachel wrote:
That happened to me! I spent hours on a design I was making for My Little Pony (because I know Bronies are obsessed and I thought I would make good money), but they said I copyrighted and they were going to take it down. I didn't understand why since so many others had the same thing.. at least I created an entirely different design when they just copied pasted... It really annoyed me and I didn't understand why MINE out of everyone else got taken down Sad


You can't go by what is in the MP. If designs there aren't the ones from the official shop that Maz mentioned, then they are there illegally and will be pulled once found/reported or a customer tries to make a purchase.
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