Copyright Issues I've Faced as an Artist

My last few posts have been about losing our son in May at 22 weeks, and the aftermath of that loss. I could talk about losing Michael forever. Sharing my feelings has helped me work through my emotions in a big way. It’s also connected me with others who’ve been through something similar. Hearing how they ended up on the other side of their grief has been instrumental in my recovery.

It’s been three months since we lost our son, and I’m desperately trying to get back to a routine. It’s been tough to strike a balance between grieving and moving on. I want to feel all the things, but I also want to be okay. It feels disrespectful to our son to move on at all, but I don’t have a choice. I’m still here, and I have to find a way to get through each day.

This week’s post is an attempt for me to start talking about art again. I still want to provide updates as I work through the grieving process, but I’m also looking forward to talking about something else. Something that isn’t gut wrenching. And I definitely have art things to talk about. It’s funny how the world doesn’t stop turning when you do. As much as I’ve tried to put my art on pause, I’ve still faced challenges as an artist while navigating my grief. Luckily, these challenges don’t feel as big as they used to. Loss puts everything into perspective.

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So, a few weeks ago, I was checking my e-mail before bed. I got an alert from Etsy that one of my listings had been taken down due to copyright infringement. This has happened to me two other times in the past five years. It feels like a slap in the face every time. My first thought is always, “what did I do this time?”

I’ve learned a lot about copyright law, but I there’s still so much I don’t know. I have hundreds of paintings in my shop. Many of them, I created years ago. I try to keep an eye out for potential issues, but it’s almost impossible. There’s bound to be something I’ve missed.

The worst part about having your art flagged on Etsy, is that the work is immediately taken down. You have no choice in the matter. Etsy provides no explanation. They just tell you which piece has been removed, and that’s it. They also threaten to close your shop, take away your star seller badge, and a host of other threats that make you feel like crap. Since I didn’t intentionally do anything wrong, this feels extreme for a company I’m supposed to be partners with. I bring Etsy revenue every year, and this is the only time they’ve ever made me feel like I was treated unfairly. Clearly I did something wrong, but I wish they would explain it to me so I can learn. It would be nice to have a voice in the matter too, if something was unjustly flagged.

Today, I’m going to share the three paintings from my shop that have been flagged, in hopes that you can avoid these issues in the future.

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Print No.1: Miami University

This was the first print that was taken down:

I can obviously see what I did wrong now, but I had NO CLUE at the time. This was one of the first prints in my shop, and I was still a newbie. I did my research, and replicating a logo is a big no no. Since this print was a pretty big seller at the time, I changed the Miami University text and logo to “Oxford, Ohio,” and I haven’t run into any issues since. I learned a big lesson from this one. After this happened, I took down any other prints that had logos in them.

Print No.2: Moulin Rouge

Here was the second print that was taken down by Etsy:

Again, I didn’t get an explanation as to why. However, I did some digging and I learned that the words “Moulin Rouge” are copyrighted. I was a little peeved by this one. It irks me that I can’t paint what I see as an artist. The legal system has taken that right away from me. If I were sitting in front of the Moulin Rouge in Paris, this is what I’d see. I didn’t even use a logo. I just wrote the words in my handwriting. I probably could have removed the words and reposted this print, but I was too scared to. Without confirmation as to what I did wrong, it felt too risky.

Print No.3: Notorious Bows

Here is the print that most recently was removed:

I felt especially irritated by this one, because I really like the print and it sells well. I’m still not sure what I did wrong (thanks Etsy), but I’m assuming it’s one of the captions - potentially “My Fair Lady,” “Coco Chanel,” or “Willy Wonka.” Some more research will hopefully confirm my suspicions. I could repost and change the names to be more ambiguous, but I’m not sure it’s worth it. I don’t know what happens if Etsy flags the same print twice, and I don’t want to find out.

Luckily, I’ve never experienced the harsh ramifications Etsy threatens in their notices. My shop hasn’t been shut down. I haven’t lost my star seller badge. And I hope I never do. Everyone makes mistakes, and these were not intentional. As small business owners, we don’t have many resources at our disposal. I can’t employ a legal team to vet every piece I make. I do wish that Etsy would change their policy. It would be great if the offending party could notify the seller first and explain what they’ve done wrong. Then, if the seller still hasn’t taken it down or edited the print, the offending party can go to Etsy and report the shop. I think Etsy should assume the best, in that the seller didn’t know they were doing anything wrong.

So here’s what I’ve learned from my copyright adventures. - WORDS ARE DANGEROUS. From here on out, I’ve vowed to use words sparingly on future prints. This makes me sad, because words can add a lot to a piece. However, unless you look up every phrase you put on a print, you’re putting yourself at risk.

Even more dangerous than words are logos, or any kind of branding. Any time I paint something that could be branded, I try to make it as generic as possible. I use dictionary words, or even scribbles, in place of wording on packaging. I will sometimes keep the colors the same, because I don’t think anyone has a patent on color combinations. Here are examples on how I’ve handled wording:

When Other Artists Have Copied My Work

Clearly I’ve been on the receiving end of copyright issues, but I’ve also been on the other side. I’ve dealt with many situations where artists have made art that’s pretty similar to mine. I’ve had to make the call on what ‘too similar’ really means. Often, it’s someone else letting me know that an artist is replicating my work. That’s a big red flag to me. Or I will try to get multiple opinions if I’m not sure.

What I’ve learned by being on the receiving end of Etsy’s wrath, is to always lead with kindness. I must assume the artist didn’t do it on purpose. One artist was even tracing my artwork, and I just assumed maybe they didn’t know they were wrong. While I may sound naive, some artists are simply green and don’t know any better. Even if they do know better, making them feel awful is counterproductive. Clearly they’re a huge fan of my work, and the last thing I would want to do is to embarrass them. I would never call anyone out on social, or purposely humiliate someone - especially another artist. As far as I’m concerned, we artists need to stick together. We’re all fellow travelers on this creative journey. I simply want others to understand what they did wrong and take down the work that closely resembles my own.

When I message these artists, I first explain the issues I see. Then, I say that I know they didn’t mean to do anything wrong. Everyone I’ve dealt with in this manner has been extremely apologetic. They’ve all taken down the work, and I’ve never had to get Etsy involved.

I’m curious, what copyright issues have you dealt will? Let me know in the comments below. I think we can all learn a lot from each other’s experiences.