Copyright Revisited

According to Wikipedia, copyright is defined as a “legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time. Generally, it is ‘the right to copy’, but also gives the copyright holder the right to be credited for the work, to determine who may adapt the work to other forms, who may perform the work, who may financially benefit from it, and other related rights.”

From time to time, possible copyright infringement reports are sent to Zibbet Support. The most common types of copyright issues reported to Zibbet include the sale of copyright images, both in the form of digital image sheets and in the form of finished items, and the sale of PDF copies of books, magazines, etc. According to Chapter 5 of the Copyright Law of the United States of America: Copyright Infringement and Remedies, “The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it.” [501(b)] In other words, if you believe that your copyright has been infringed, you can take appropriate action. Chapter 5 of the US copyright law also defines specifically how a copyright owner is to provide notification of copyright infringement. The ‘Elements of Notification’ portion of the the law [512(c)(3)(A)(i-vi)] reads:

(3) Elements of notification. -

(A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Zibbet is serious about upholding and respecting copyrights. According to US copyright law (as stated above), reporting copyright infringement is the responsibility of the owner or his/her designated agent. If you believe that your copyrights have been infringed by another Zibbet seller, provide notification of such infringement to Zibbet at support@zibbet.com. Please note that this notification must include the information listed above.

Disclaimer: The content of this article is not to be construed as legal advice. It has been provided for educational purposes only. Please consult an intellectual property professional for legal advice.

Best wishes for much success on Zibbet!

Vicki is committed to assisting her fellow Zibbeters improve their shops for successful online selling. She is the owner of five Zibbet shops: LOC Design Studio, Denim and Pearls, A Stitch and a Prayer, Black Creek Crossing and Think Like a Fish. You can follow Vicki on Twitter and through her LOC Design Studio blog.

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8 Responses to “Copyright Revisited”

  1. texaseagle

    Thanks for the advice. Good to know more about this!

  2. LMRPhotography

    Wonderful article ….Thank You for posting this.

  3. FrenchKissed

    Vicki, I’m glad you are addressing this issue again. So many folks think just because it’s on the web, it’s up for grabs. I actually read a post by one woman who was aggravated at folks like myself who disable right click copy on our blogs because “why can’t I copy it? It’s copyright free and it’s not illegal.” IF people would just stop to think: HOW does a copyright-free item get distributed? Unless you are lucky enough to have the piece of ephemera given to you, it is more likely that you had to acquire it with CASH. So all theses images may be copyright-free but they ain’t free-free!ha! So the person who has invested in these antique papers and goes to the time, effort and expense to restore them, to post them online and give public access to them — their terms of use should be respected and recognized.

  4. breathofthedragon

    Another good write-up on a topic a lot of people tend to ignore. I’ve recently gone through the process of adding “© Breath of the Dragon” to all images of items in my shop. I still need to do the same for photos of my work on other sites, but it will be worth it for the piece of mind.

    Now, if we could just get people to stop selling things with obviously copyright-covered images and characters (Disney, etc)… Then we’d all be safe. Just because you can buy Tinkerbell fabric at Wal-Mart does not mean you have the right to sell something that you made from it….

  5. GalleriaDiGiani

    Sunfire, I can go you one more.

    It isn’t just a matter of educating sellers. We also need to educate admins. If you look at the shop of this week’s featured seller, there are NBA, MLB, and Disney items in their shop.

    Why Admin would choose to feature a shop that has copyright violations is beyond me.

  6. LOCDesignStudio

    Giani,

    We appreciate your concern about this week’s Featured Zibbeter. However, we’ve made sure before featuring this shop that her items aren’t infringing on anyone else’s copyright. Actually, DecoPac has confirmed that she can sell these items under the terms of their licenses with the copyright owners of the subject matter included in the cake decorating items sold in this shop.

    Again, we appreciate your concerns. Please contact us at support@zibbet.com any time you have a question or concern.

    Thanks.

    Vicki 8-)

  7. UnexpectedTreasure

    Vicki, very good information. Thanks for posting this link in my thread about copyright infringement. I needed to read this again.

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Judy runs the 'Fantastic Five' column where she features her favorite 5 Zibbet items every week. It's a must read!

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Vicki runs the 'Success On Zibbet' column where she covers all aspects of selling on Zibbet and having the most successful shop you can.

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