A Better Zazzle Response To Stolen Designs 2 pages: [1] 2
Posted: Friday, January 08, 2016 9:02:20 AM
When people steal Zazzle design images to post on Amazon or whatever, they aren't just stealing from the individual designers, they're stealing profit from Zazzle as a whole.
So my question is, why is Zazzle letting their designers fight this battle alone, having to file individually against Amazon and being often either ignored or partially responded to. (And apparently thieves steal even watermarked images and can remove the watermarks and still sell manage to sell them, so the watermark option is no assurance of safety.)

Idea Why not have a report a fraud/design-theft link for Zazzle designers to report to, so once a month a Zazzle team or legal dept can send a bulk take-down request to Amazon.com or any other offender. Beacause a corporation will respect a corporation more then an individual.

I think this matter is and should be Zazzle's battle, too.
I also politely request more be done to protect our designs & your own sales.
Posted: Friday, January 08, 2016 9:48:24 AM
Until Amazon changes the way they accept vendors this is never going to change. It is insidious. Zazzle is up against it just as we are. If they do a take down order on one design within a hour that so called company will reopen using a scraper bot or auto image capture and be back in business in no time.

Amazon cannot ask for copyrights to millions of items submitted daily its a no win situation, and with safe harbour laws Amazon has had to resort to having each claim verified or they could be on the other end of the lawsuit taking items down.

The only company I have seen get over this problem is one I work for where they sell exclusively for the most part to Amazon and Amazon immediately takes screen shots and somehow its flagged when someone else uses that product picture. However' since the images are stolen and slapped on other products and Amazon is not the main supplier I see no way for this to stop submissions.

Zazzle has a watermark option, I know many do not like using it but its something isn't it? Also Zazzle does need to make the preview images smaller as they obviously are not quality for products but these dirt bags don't care.

Amazon will in my personal case remove them if sent the correct information (below) and first I also contact the vendor and have all but a few times had them removed with a "Sorry". I do not accuse I just inform and it has worked well.

I do not think that people are understanding the severity of this and it seems Amazon is ignoring. It is huge. And I just do not see that they are doing this to make money or need to and do not want to lesson the severity of what is being done to us, as its thieft and yes it hurts Zazzle also but at this time all we can do is turn them in , and/or contact the vendors, and keep our art protected as well as we can on our end or go nuts trying to get Amazon to own up to this, they are fully aware and hope that they do come up with a better way to insure the rights of all of us.
_____________________________________________________________________
Claim Copyright Infringement

Amazon respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, follow the notice and procedure for the Amazon site where you identified the infringement.

To claim copyright infringement, please submit your complaint using our online form. We respond quickly to concerns of rights owners about any alleged infringement.

If you prefer to submit a report in writing, please provide us with this information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Amazon.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent

Amazon.com Legal Department

P.O. Box 81226

Seattle, WA 98108

Phone: (206) 266-4064

Fax: (206) 266-7010

E-mail: copyright@amazon.com

Courier address:

Copyright Agent

Amazon.com Legal Department

410 Terry Avenue North

Seattle, WA 98109-5210

USA

Note: This procedure is exclusively for notifying Amazon that your copyrighted material has been infringed.
Posted: Friday, January 08, 2016 9:53:24 AM
Someone mentioned (somewhere amongst all the threads on this topic!) that Zazzle are doing something about it.

Please, Finbarr or Christine, could we have an update?
Posted: Monday, January 11, 2016 8:46:36 AM
Someone mentioned (somewhere amongst all the threads on this topic!) that Zazzle are doing something about it.

Please, Finbarr or Christine, could we have an update?
*****
I remember reading this somewhere, too. That's really why I mentioned it. I'd like to hear a update as well.
Posted: Monday, January 11, 2016 11:59:17 AM
Bevstuff wrote:
Someone mentioned (somewhere amongst all the threads on this topic!) that Zazzle are doing something about it.

Please, Finbarr or Christine, could we have an update?
*****
I remember reading this somewhere, too. That's really why I mentioned it. I'd like to hear a update as well.


To reply with a comment quote showing, click the "reply with quote" button on the top right of the comment you want to quote.

M

Edited for clarity.
Posted: Monday, January 11, 2016 1:21:17 PM
I read somewhere 65% of amazon products are shipped from Chinese sellers, and if China's GDP is made up of theft and fraud not to mention import tax evasion it all amounts to Amazon raking in the money and paying minimal taxes. Amazon takes a cut out of every item sold, the Chinese seller takes a cut and all of this money is leaving the US, this is crazy and impacting our economy in a big way. I live in CA near the Zazzle headquarters and think all of the money lost in jobs,and sales tax to our local economy, the small businesses in the US cranking out these products and the artists who do not see a penny from their stolen artwork. Anywhere else a person or company selling counterfits gets arrested or shut down, Amazon is selling knock offs, is evading taxes and profiting from our work. Doesn't Zazzle have a copyright on their product images? these are stolen and used on Amazon by these thieves including our artwork, on that basis itself Zazzle should be participating right along with us. Are any of these product images copyrighted by the Makers? for example this product image was stolen right off my daughter's Zazzle store If I was the snowflake ornament maker I would be >Sad , but then again he's probably in China.

Mark Anderson, CEO of the Strategic News Service said “Up to half of China’s GDP is based on theft and fraud”, primarily of intellectual property. Anderson has two acronyms he uses to describe what’s going on there, SAD (Steal, Amplify and Push Out)

Posted: Monday, January 11, 2016 1:42:17 PM
Maybe someone should let the maker's know their product designs are being stolen. I would hope the snowflake ornament maker has some kind of copyright registered for their design.
Posted: Monday, January 11, 2016 2:26:27 PM
ritmoboxer wrote:
I read somewhere 65% of amazon products are shipped from Chinese sellers, and if China's GDP is made up of theft and fraud not to mention import tax evasion it all amounts to Amazon raking in the money and paying minimal taxes. Amazon takes a cut out of every item sold, the Chinese seller takes a cut and all of this money is leaving the US, this is crazy and impacting our economy in a big way. I live in CA near the Zazzle headquarters and think all of the money lost in jobs,and sales tax to our local economy, the small businesses in the US cranking out these products and the artists who do not see a penny from their stolen artwork. Anywhere else a person or company selling counterfits gets arrested or shut down, Amazon is selling knock offs, is evading taxes and profiting from our work. Doesn't Zazzle have a copyright on their product images? these are stolen and used on Amazon by these thieves including our artwork, on that basis itself Zazzle should be participating right along with us. Are any of these product images copyrighted by the Makers? for example this product image was stolen right off my daughter's Zazzle store If I was the snowflake ornament maker I would be >Sad , but then again he's probably in China.

Mark Anderson, CEO of the Strategic News Service said “Up to half of China’s GDP is based on theft and fraud”, primarily of intellectual property. Anderson has two acronyms he uses to describe what’s going on there, SAD (Steal, Amplify and Push Out)



So true not sure about however the statistics being that high. Amazon is not selling anything, they are a platform and so huge this was something they probably never thought of happening. If it comes directly from Amazon that is one thing, but when its a seller using Amazon there is where the problem begins. And I am sure with all the attention on the internet and articles they are fully aware of what is happening and lets hope will do something to stop it if that is even possible. As fast as they are found 10 new ones spring up. It could mean the end to Amazon as we know it, and others like it, if they do not come up with a better screening process.

As I mentioned above , Zazzle is right where we are at this juncture. We can only register the complaint, Amazon has no legal culpability until we do and its ignored. Then it comes down to money, and I know I don't have it to retain an attorney. But someone like Zazzle sure can, but do they want to? Again they are using us, our designs, and think your onto something with the makers seeing their art stolen maybe one of them has more pull than us?

Something needs to be done for sure. Agree with what you said, but have to look at Amazon's position which maybe is not the moral thing, but what they are going to do or have to do more like it... which may not be what we consider fair.
Posted: Monday, January 11, 2016 8:12:15 PM
marilynroy wrote:
Maybe if stealing intellectual property rights became a criminal offense rather than something taken to civil court, it would be taken more seriously. That would be something to contact legislators about. However, check this out.

https://www.fbi.gov/about-us/investigate/white_collar/ipr/ipr

http://www.stopfakes.gov

http://www.stopfakes.gov/about

http://www.stopfakes.gov/news/us-china-unite-fight-intellectual-property-theft

https://www.fbi.gov/news/stories/2010/september/theft-of-creativity

http://www.ic3.gov/default.aspx

https://www.iprcenter.gov

There is more to read from the first link. I just picked some of the links on the first one. There is also a China IPR Webinar on the stop fakes page.


Stealing intellectual property is a criminal offense where high numbers of stolen items are involved. Almost all amazon storefronts operate on a criminal level. But in order to make law enforcement aware of this and empower law enforcement to act upon this offense as many artists as possible need to file complaints.

Three pillow designs from one artist is not a criminal offense. Three pillow designs from 10, 20 and more artists is.

One reason I decided to go public with the storefront IDs is to make artists aware of the scale and that there is a basis for law enforcement to act upon.

Any other legal action like civil actions against amazon is closed to most of us. We can't afford even a first retainer that it takes to file charges in any country and looking at the outcome of Milo & Gabby it is a highly dangerous road to take anyway.

I collected a bunch of incidences where by any common sense amazon failed to remove infringements and kept storefronts open despite ample red flag knowledge of counterfeit on a criminal level and where it is easy to investigate and confirm my claims for Amazon. Amazon should be in the hot seat and yet amazon isn't.

Milo & Gabbys lost case made things worse for everybody.

I provided amazon with the means (a search routine + storefront IDs) that would remove tens of thousands counterfeits. Amazon chose not to act upon my mail. Amazon choose not to investigate my claim and terminate storefronts with counterfeits on a criminal scale.
Posted: Tuesday, January 12, 2016 1:40:52 AM
Fuzzy Felosarix wrote:
Maybe someone should let the maker's know their product designs are being stolen. I would hope the snowflake ornament maker has some kind of copyright registered for their design.


I can't see anywhere that says where the ornaments are fabricated, so it's highly possible that it's China.

TinkerM wrote:
Amazon is not selling anything


No, but I've come across quite a few instances where Amazon is fulfilling the orders of some sellers, which means they have these counterfeits in their own warehouses.
Posted: Tuesday, January 12, 2016 4:11:25 AM
Hi folks, we have reached out for more information on this issue, as soon as we have more on this we will update you here.

Thanks,

Finbarr
Posted: Wednesday, January 13, 2016 12:17:09 PM
Hi Everyone,

Yes, this is indeed an issue. Zazzle suggests that you contact Amazon directly as you are the intellectual property owner of your design (not Zazzle). Zazzle has sent cease and desist letters to Amazon in the past, unfortunately without much traction.

Christine
Posted: Thursday, January 14, 2016 6:21:00 AM
Christine wrote:
Hi Everyone,

Yes, this is indeed an issue. Zazzle suggests that you contact Amazon directly as you are the intellectual property owner of your design (not Zazzle). Zazzle has sent cease and desist letters to Amazon in the past, unfortunately without much traction.

Christine


So there is nothing that Zazzle can do? We realize that the designs are ours, but when they steal the images directly from your site and some even still have the Zazzle watermark on them, doesn't that fall under your rights as well?

These people are basically splashing Zazzle's brand name all over these cheap knock offs. It's very disheartening to see this answer from Zazzle.
Posted: Thursday, January 14, 2016 6:36:37 AM
Tabz Jones wrote:
So there is nothing that Zazzle can do? We realize that the designs are ours, but when they steal the images directly from your site and some even still have the Zazzle watermark on them, doesn't that fall under your rights as well?

These people are basically splashing Zazzle's brand name all over these cheap knock offs. It's very disheartening to see this answer from Zazzle.

+1
Posted: Thursday, January 14, 2016 9:42:53 AM
Perhaps they'll care about a pillow from the Disney zazzle store
http://www.amazon.com/COCTINY-Eeyore-Cotton-Canvas-18-Inch/dp/B0191LMEFC/ref=sr_1_1?m=A32LWR2GU1ZXMV&s=merchant-

It's a pity Zazzle, because with so many of us doing the groundwork, we could get a great team going.
Posted: Thursday, January 14, 2016 12:08:22 PM
Well you know, it shouldn't be impossible to win against Amazon - substitute Amazon for Cox... http://blogs.findlaw.com/technologist/2015/12/landmark-ruling-against-isp-for-willful-infringments.html
Posted: Friday, January 15, 2016 4:08:48 AM
I filled in a copyright form on Amazon.ca, included all links to Zazzle etc etc. Got this back:

Based on the information you provided in your intellectual property rights infringement complaint, we are unable to remove the items listed at the end of this message.

Amazon respects a manufacturer's right to enter into exclusive distribution agreements for its products. However, as the enforcement of these agreements is a matter of contract between the manufacturer and the distributors, it would not be appropriate for Amazon to assist in enforcing these agreements.


What else can we do? Seems to be "legal"according to Amazons standards to steel images and products from Zazzle and sell them!
Posted: Friday, January 15, 2016 7:43:53 AM
Studio Porto Sabbia wrote:
I filled in a copyright form on Amazon.ca, included all links to Zazzle etc etc. Got this back:

Based on the information you provided in your intellectual property rights infringement complaint, we are unable to remove the items listed at the end of this message.

Amazon respects a manufacturer's right to enter into exclusive distribution agreements for its products. However, as the enforcement of these agreements is a matter of contract between the manufacturer and the distributors, it would not be appropriate for Amazon to assist in enforcing these agreements.


What else can we do? Seems to be "legal"according to Amazons standards to steel images and products from Zazzle and sell them!


You have to be persistent and resend your DMCA by email, don't use the form. I've posted some Amazon responses in this thread and how I've replied - I haven't had that one though. It's really down to their incompetence. https://forum.zazzle.com/promote/stop_design_pirates_on_amazons_partner?m=1194496#1194496 (page 4)
Posted: Friday, January 15, 2016 7:53:26 PM
That's the same response they sent to me, 4 times, the last in Aug. They are still being sold on amazon. I have not been able to get them taken off.
Posted: Friday, January 15, 2016 10:37:52 PM
Linda_MN wrote:
That's the same response they sent to me, 4 times, the last in Aug. They are still being sold on amazon. I have not been able to get them taken off.


Did you reply to the notice email? that's worked for me. You have to set out the facts as if you're explaining it to children.
Posted: Saturday, January 16, 2016 12:35:59 AM
Yes, I have replied, 4 times. Yes, I explained everything.
Posted: Saturday, January 16, 2016 10:35:40 AM
Linda_MN wrote:
Yes, I have replied, 4 times. Yes, I explained everything.


I got this response recently on a much-copied pillow but didn't give up after two rejections. On my third go-round I filed my complaint on the basis of unauthorized use of my image instead of unlawful reproduction, spelling out yet again how my design was being infringed. This time it worked. Same pillow, same thief, same infringement. Go figure.
Posted: Saturday, January 16, 2016 6:38:32 PM
I know, it seems to be hit or miss. I was successful in getting them to remove 4 other images of mine.
Posted: Sunday, January 17, 2016 8:45:24 AM
Christine wrote:
Hi Everyone,

Yes, this is indeed an issue. Zazzle suggests that you contact Amazon directly as you are the intellectual property owner of your design (not Zazzle). Zazzle has sent cease and desist letters to Amazon in the past, unfortunately without much traction.

Christine


Could you please ask Zazzle to send another cease and desist letter to Amazon for this issue? It couldn't hurt and Zazzle should place a phone call as well. It is our property but they are stealing it from YOUR website. Why doesn't Zazzle update the flimsy watermark at least to see if that would help?

Debbie
Posted: Sunday, January 17, 2016 10:29:03 AM
DreamEssence_Designs wrote:


Could you please ask Zazzle to send another cease and desist letter to Amazon for this issue? It couldn't hurt and Zazzle should place a phone call as well. It is our property but they are stealing it from YOUR website. Why doesn't Zazzle update the flimsy watermark at least to see if that would help?

Debbie


We certainly look into this and see what we can do; this has not been successful for us in the past so it is best to contact them yourself directly.

Finbarr
Posted: Sunday, January 17, 2016 1:36:28 PM
Finbarr wrote:
DreamEssence_Designs wrote:


Could you please ask Zazzle to send another cease and desist letter to Amazon for this issue? It couldn't hurt and Zazzle should place a phone call as well. It is our property but they are stealing it from YOUR website. Why doesn't Zazzle update the flimsy watermark at least to see if that would help?

Debbie


We certainly look into this and see what we can do; this has not been successful for us in the past so it is best to contact them yourself directly.

Finbarr


Thank you for your reply Finbarr. The task is a daunting one and Amazon doesn't give a flip and seems to be making any attempts to contact them through their forms even more difficult. We upload our designs to you to sell them and make money. I am trusting you with my art and expect that it matters when my stuff is being lifted from your site. I know it is my choice to sell my art with you but it makes no sense to remove my art when I do make money here. I hope a better watermark will be put in place here at Zazzle.
Posted: Sunday, January 17, 2016 3:41:55 PM
Maybe a watermark on the Design View image could prevent some of the images being taken in the first place?
Posted: Monday, January 18, 2016 12:51:18 PM
Just wanted to throw this out there about Chinese cyber espionage... If you didn't catch the CBS 60 minutes show: http://www.cbsnews.com/news/60-minutes-great-brain-robbery-china-cyber-espionage/

It's a great indication of how thousands of other independent businesses across the USA, and Amazon is being targeted, as well as, our Zazzle products.

And really how it's only getting worse, not better. Sad

So, you aren't alone by a very long shot. It's so much it's plain ridiculous. The hopeful news is that our USA government is aware of it. Maybe it's time to write your Senators, Congressman or whomever you want to vote next for president for.

Just another of my 2¢.
Posted: Wednesday, January 20, 2016 3:26:52 AM
ruralfrance wrote:
Perhaps they'll care about a pillow from the Disney zazzle store
http://www.amazon.com/COCTINY-Eeyore-Cotton-Canvas-18-Inch/dp/B0191LMEFC/ref=sr_1_1?m=A32LWR2GU1ZXMV&s=merchant-

It's a pity Zazzle, because with so many of us doing the groundwork, we could get a great team going.


why would they care?

It's for Disney to chase their stolen designs not Zazzle

Zazzle cannot TELL anyone YOUR designs copyright has been infringed because they have NO proof the design you sent to Zazzle is yours - they take it at your say so, just like Amazon does.

Meanwhile re Disney I left a review which is now live

https://www.amazon.com/review/R2MNIUH8A2EY5N/ref=pe_1098610_137716200_cm_rv_eml_rv0_rv
Posted: Wednesday, January 20, 2016 4:30:13 AM
You can report these items to Disney but unless you have confirmation from Disney and every legitimate reseller there is, that this is not a legitimate downsale and is in fact unlicensed it is only an assumption and you risk to be sued for slander.

The strategy with naming counterfeits in reviews should be iron clad. In case amazon decides to discourage this kind of reviews in their marketplace by going to court against a few who placed a reviews naming counterfeits.
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