OMG I'm so upset

[KristieMN]

I have to agree with everyone else... I think its a stretch to say your pattern looks like Olivia!

 

It makes me wonder if those on Etsy that are selling patterns for [popular character #1]...or [popular character #2]...if they have been contacted.

 

I stand with others, yours is an original design!

 

Please let us know what happens with this issue!

[DebraKay]

Calm down and remember to breathe. No one can copyright the idea of a pink pig.

 

You can ask the you both exchange patterns to see if there has been any copyright infringement at all. The only thing that can be copyrighted are the words and pictures of the pattern.

 

This is Olivia the Pig http://www.dollmarket.com/browse.cfm/olivia-pig/4,46910.html

This is your pig in your etsy shop http://www.etsy.com/listing/66980808/sale-you-are-my-sun-swine-piggie-crochet

 

This isn't infringement - this is bullying.

 

I agree! That is just ridiculous! That would mean ALL pink pgis are going to be an infringement? Silly! What about Charlotte's Web's pink pig, or Piglet from Winnie the Pooh, Macy's Pink Pig, Miss Piggy or The Three Little Pigs ??? Maybe Olivia is an infringement on one of these?? LOL! Sorry you were upset over this but whoever sent you the message was just being assinine. No worries! Your piggie is cute!

 

I should have read through -- everyone has already said all that I did -- ah well repetition means we all agree.

[Wrennie]

Well, my name is Olivia and if you put a chocolate cake in front of me, it's quite likely I'll succumb to piggery ... so I'm going to sue them for infringing my name. I'm also pink, my ears are a bit pointy and I have an overall dress in my wardrobe. I feel my copyright has been violated.

 

This is it, people: I'm going to make millions.

:rofl

 

 

I agree with everyone too. The person has no idea what they're talking about.

People shouldn't use terms they dont fully understand.

[Chiscrochetcrazy]

Well, my name is Olivia and if you put a chocolate cake in front of me, it's quite likely I'll succumb to piggery ... so I'm going to sue them for infringing my name. I'm also pink, my ears are a bit pointy and I have an overall dress in my wardrobe. I feel my copyright has been violated.

 

This is it, people: I'm going to make millions.

 

(Honestly, I see no resemblance between the two pigs whatsoever. This is bullying. Just remain calm and ask how for a detailed listing of the areas in which your pig infringes on the other pig's copyright. They'll be hard pressed to come up with anything other than, "They're both pink.")

 

Thank you for the giggle

Thank you all for your support and encouragement & knowing that so many are supporting me makes me feel so much better

 

I've heard nothing back from the party accusing me and probably won't. I truly don't get the connection between the 2 pigs.There are actually people who are representing their items as Olivia and using the picture of her in their product all over the place and I think why my pig I have a suspicion that my being outspoken about true copyright infringers got someone angry and they maybe pointed the people in my direction just to be hateful But let me tell you if I were one who was actually selling items that are copyrighted I would be concerned because there are people who go after them. I heard some time last year that people who sold items with a particular motorcyle label on them were being asked to take them down by the company.Some companies actually do enforce their copyright & have paid people to search this type of thing out. As for me and my pig we are not going to be fed any hogwash that we are infringing because we most certainly are not

[chrisdfriend]

I just bought a couple of your patterns! Some people just like to stir up a problem where there isn't one!

[pineapplequeen]

[Amy]

It makes me wonder if those on Etsy that are selling patterns for [popular character #1]...or [popular character #2]...if they have been contacted.

 

Before Etsy changed their member forums and deleted a whole bunch of them, you could do searches and find many cases when various companies came through and initiated mass takedown notices with Etsy to get all sorts of patterns infringing upon trademark/copyright removed from the site.

 

Of course, not everyone reads those forums. So as soon as one sweep is through, it doesn't take belong before many others start to put up even more infringing patterns.

[cat3crazy]

I agree with everyone else that your pig is nothing like Olivia.

[minwifeof4boys]

Not THAT is a stretch...maybe they have a copy right on the color pink or something....

[boksie]

Not THAT is a stretch...maybe they have a copy right on the color pink or something....

 

Maybe Porky and Petunia might want to jump in on this one lol!

 

I don't think you have anything to worry about. Maybe this person doesn't realize the basics of copyright law?

[RoseRed]

I heard some time last year that people who sold items with a particular motorcyle label on them were being asked to take them down by the company.Some companies actually do enforce their copyright & have paid people to search this type of thing out

 

That's trademark law - not copyright. Part of trademark law is that if you don't actively defend your trademark you will lose it. If they didn't go after the people using the official trademark or the knock offs then they could lose their logo.

 

From what I've seen - Harley and Disney both actively and aggressively protect their trademarks. Disney even goes after people within their rights to use trademarked fabrics to create other things.

 

I'm glad that you feel better about the situation.

[annmcc1976]

thats messedz. u? infringe? no way. whoever accused u is wrong. i have yet to view the links rose posted as hbby is on my pc. and i am viewing with my kindl so i will look latr. but tht is wrong to accuse someone of infringment esp if they had no refrence to the suposed infringed chacter in their pattern.

[Chiscrochetcrazy]

It's true that a person goes through many emotions Today I'm just mad

and what makes even more mad is that there are so many blatant infringers out there on Etsy and elsewhere and I get hit for this Really it's so infuriating and boggles my mind how I have become tangled up in this when my pig is just a pig not trying to be anyone famous. At this point if I never see another O pig again it will be too soon

[Miss Crochet]

Don't hate all the Olivias!!

[Chiscrochetcrazy]

Oh no not all Olivias I actually love the name. Just that Olivia I am no longer a fan of at all. Yes I'm bitter

[stitchgirl]

Copyright infringement my eyeball. What a farfetched notion. I never even heard of "Olivia" and now that I've seen her, I agree with the poster who sees the resemblance to Piglet. (Piglet is much cuter)

[Chiscrochetcrazy]

What really upsets me is that I was made to deactivate my listing because of this accusation. How is that right they have no proof and all a person has to do is compare the 2 and they will see no resemblance. I've heard nothing back form the accuser so How do I get past this BTW I didn't realize at the time the listing was deactivated I had just renewed and thought I did something wrong and didn't activate only to realize later that was why it was inactive. I have since changed the listing and renamed it But I think I'll just take it down for now. But it feels like I'm giving in and I'm not I just don't want any trouble with Etsy I really do feel as though I'm being bullied by a big company

[Elvee]

Your pig looks nothing like that one. I just do not see it at all. Maybe you could have the basic pig and then they could crochet accessories to dress it up. I think the entire copyright infringement thing is really stupid!

 

The ears and nose are a different shape. The whole thing is dumb. How can you copyright a basic pig?!!

[Chiscrochetcrazy]

Thank you Elvee I agree the other pig has huge ears and a very long nose where's the resemblance I just feel so kicked around I still don't see how a big company can just accuse a random person of this and have to have no proof of the resemblance or anything. Sorry I'm a little depressed about this now I know there are more important things to be sad about in life but I really do feel bullied.

[RoseRed]

Are you planning of filing a Non-Infringement notice so you can put your listing back up?

[Chiscrochetcrazy]

I don't know how to do that ? I'm just feeling sorry for myself today

[RoseRed]

I don't know the in's and out's of how it all works but if it was the company that filed a Notice of Copyright Infringement then you can file a Notice of Non Infringement. It's all part of the Digital Millennium Copyright Act.

 

I'm sure that Amy knows way more about it than I do. If you want to ask her you could either pm her or just triangle the post.

[Chiscrochetcrazy]

Yes to the first part of your post It Is what you said

 

I think I'll try to find out what I need to do. Again I'm just feeling a bit beat up by this whole experience Need to get my spunk back.

[Amy]

Alisha, you were probably made to take down the listing because it was reported to Etsy (??) under the requirements of the Digital Millennium Copyright Act. If someone believes their work is being infringed upon, they can provide specific information to the site, and that site is required by law under the DMCA to remove (perhaps temporarily) the material in question.

 

The person whose work was removed can then file a Notice of Non-Infringement, in which they state their case for why they believe they are not infringing upon anyone's rights. This statement is signed (digitally) under penalty of perjury, that they are acting in good faith stating they are not infringing upon anyone's rights. (Because this is a legal document, in some cases it might be a good idea to consult an attorney review the situation before filing this form.)

 

The site host then forwards that Notice of Non-Infringement to the first party, usually stating that the material in question will be restored to the site within 10-14 business days unless the site host receives word that an infringement lawsuit has been filed.

 

You should review Etsy's policies on filing a Notice of Non-Infringement, if you'd like to do that to try and get your material restored to the site.

 

Once they've received a Notice of Infringement, Etsy pretty much has to remove the material in question, so they can retain the rights they have against being liable for infringement posted by their site members under the Safe Harbor Act.

[RoseRed]

Here's the link to Cville's Infringement/Non-infringement Notice info. It seems pretty straight forward. http://www.crochetville.org/forum/showthread.php?t=73218 I don't know what Etsy's is.

 

Filing the notice of non-infringement seems kinda scary when you read it. If this is just a standard the way it works kind of thing then you agree to accept court papers if they do take you to court for copyright infringement.

 

I would look for Etsy's policy and ask them for a copy of the notice. Only you can decide how far you want to take it from here.