OK, that's an exaggeration, but apparently Etsy did another big Friday sweep and once again I received emails from sellers wanting to know what to do. So again I post my piece of mind.
Etsy TOU's or Terms of Use are so all encompassing that every seller is probably in violation of something. For instance, if you have collaborative work with any other Etsy seller and you don't have the link to that shop on you shop, If you say ANYTHING negative about Etsy on a public venue (believe me, they are watching), and of course if your items are in handmade and don't look handmade. One of the most common reason's for having a shop shut down is copyright infringement. If you want to sell on Etsy, only sell "fan art" that is "inspired by" the genre you are representing. The don't seem to understand the law on reconstructing materials either via the First Sale Doctrine. But that's another long story.
Point is, they can find a number of valid reason's to close your shop. Sometimes you can get it reopened, sometimes not. I think it depends on how penitent you are. Do you grovel, or are you snippy and snide? And I also think it helps to have had white backgrounds. The have a preference for shops that display works on white backgrounds. Look at the front page, right now, go.
Do they need your shop? No, not anymore, they have thousands of shops. Your 3.5% doesn't mean much to them anymore. Even if your sales mean food on the table for your family. That's what happened to my daughter, because she was supporting her family on the money she made on Etsy. Her 3.5% was about $90 a month, she was doing very well and they still didn't care.There is no Heart in Etsy.
The first thing I suggest to anyone selling online at any venue is to get a web page. You can get free ones. weebly.com has free sites. Buy your domain name someplace cheap and buy a site if you can. Put that address on your business cards and link your "shop" page directly to your selling site. That way if anything happens to your site, your buyers will ALWAYS know where to find you.
Don't think you're immune either. I've had friends who have had their images stolen by off shore factories and posted online. These are honest shops who have had their copyright infringed on, and Etsy forced them to prove that their merchandise was handmade. DO NOT think that a watermark will save you. They are easily removed with Photoshop. I've seen the images that prove it.
And remember, if you do get your shop closed, you can contact me through this blog. At least I can hold your hand and lend a shoulder.
Showing posts with label etsy legal. Show all posts
Showing posts with label etsy legal. Show all posts
Saturday, June 29, 2013
Tuesday, September 20, 2011
What Evah! - A Little Secret About Etsy
I've noticed a new rash of Etsy shop closings. They like to do it on Friday, so you can't contact them about it till the following week, not that they answer you back to let you know what you did and how you can remedy it.
I have a little secret I've been keeping. Silly me, I thought that someday I might get back on Etsy, so I didn't want to bash them too bad. Not that my secret is bashing, only the truth.
You can read about how My Daughter got her shops closed here in my post Etsy Shop Closings. It's been a popular post, I guess because others have had their shops closed too, without warning.
I must say, that I think almost everyone on Etsy has SOME violation of the TOUs, so if the powers that be want you off, you will be off.
Poppy's sin was copyright infringement in ONE of her shops. But if you read the post, there was no infringement. She legally reconstructs licensed product under the First Sale Doctrine. But Etsy didn't want to hear that, or that she had proof from the complaining companies, that what she did WAS legal. No, Etsy told her that she had had been accused (unjustly) too many times. There was nothing they could do.
they couldn't even leave her shop open. The even closed 2 shops that I had with her.
We did have a series of unfortunate events though, and I fell behind on my fees. All of my shops were closed and I tried in vain to negotiate with Etsy to make payment. You see that was my only income, and without the shops, it was nearly impossible to pay the fees. I was lost and struggling.
I was on a wonderful Etsy team and my fellow members suggested that I talk to one person in particular to find out what was going on and see if he could help. He had been very helpful to her and others. I tried to handle the situation myself, but got nowhere.
Finally after about a week I used my friend's inside contact and made a plea for his help. Now here is the secret I have never shared with anyone. Shortly after I sent the email, my shops and Poppy's shops disappeared off the face of Etsy, and our ISP was blocked. We could get to Etsy, but couldn't look at item details. I never heard a word back from that kind helpful person. I just got jerked around a little bit more.
I did find a few other places to sell, but my product had to change with the atmosphere of the site. Still struggling a bit, but things are looking up. I wish you all well in your endeavors and hope your luck is a bit better than mine.
I have a little secret I've been keeping. Silly me, I thought that someday I might get back on Etsy, so I didn't want to bash them too bad. Not that my secret is bashing, only the truth.
You can read about how My Daughter got her shops closed here in my post Etsy Shop Closings. It's been a popular post, I guess because others have had their shops closed too, without warning.
I must say, that I think almost everyone on Etsy has SOME violation of the TOUs, so if the powers that be want you off, you will be off.
Poppy's sin was copyright infringement in ONE of her shops. But if you read the post, there was no infringement. She legally reconstructs licensed product under the First Sale Doctrine. But Etsy didn't want to hear that, or that she had proof from the complaining companies, that what she did WAS legal. No, Etsy told her that she had had been accused (unjustly) too many times. There was nothing they could do.
they couldn't even leave her shop open. The even closed 2 shops that I had with her.
We did have a series of unfortunate events though, and I fell behind on my fees. All of my shops were closed and I tried in vain to negotiate with Etsy to make payment. You see that was my only income, and without the shops, it was nearly impossible to pay the fees. I was lost and struggling.
I was on a wonderful Etsy team and my fellow members suggested that I talk to one person in particular to find out what was going on and see if he could help. He had been very helpful to her and others. I tried to handle the situation myself, but got nowhere.
Finally after about a week I used my friend's inside contact and made a plea for his help. Now here is the secret I have never shared with anyone. Shortly after I sent the email, my shops and Poppy's shops disappeared off the face of Etsy, and our ISP was blocked. We could get to Etsy, but couldn't look at item details. I never heard a word back from that kind helpful person. I just got jerked around a little bit more.
I did find a few other places to sell, but my product had to change with the atmosphere of the site. Still struggling a bit, but things are looking up. I wish you all well in your endeavors and hope your luck is a bit better than mine.
Thursday, November 11, 2010
Day Four Finally A Reply
Well I finally got a Reply from Etsy Legal about My shop closing. I got the same second letter that Poppy did. See Previous Post. My shop was closed for repeated copyright infringement violations.
Well that is a lie. I was contacted ONCE about PacMan merchandise I had on and I immediately removed it and even though their lawyer conceded that it could be sold under the First Sale Doctrine, I kept it off so as not to rock the boat.
Also this time there was an attachment to MY email, saying that this information is private and not to be shared with anyone. What are you going to do CLOSE MY SHOP! I have every right to share the lies that they are trying to hand me.
I was going to let this rest, but now I am truly inflamed.
Post Script note: Apparently in the Etsy Terms of Service, All of your shops and Any shops you are involved in can be shut down at any time for violations of their terms. That means violations of ANY terms of service or Dos and Don'ts. I do believe however that actions are enforced unequally.
Well that is a lie. I was contacted ONCE about PacMan merchandise I had on and I immediately removed it and even though their lawyer conceded that it could be sold under the First Sale Doctrine, I kept it off so as not to rock the boat.
Also this time there was an attachment to MY email, saying that this information is private and not to be shared with anyone. What are you going to do CLOSE MY SHOP! I have every right to share the lies that they are trying to hand me.
I was going to let this rest, but now I am truly inflamed.
Post Script note: Apparently in the Etsy Terms of Service, All of your shops and Any shops you are involved in can be shut down at any time for violations of their terms. That means violations of ANY terms of service or Dos and Don'ts. I do believe however that actions are enforced unequally.
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