As a follow-up to the down time Zibbet experienced this past weekend, I thought it was appropriate to talk about copyrights and trademarks again. I can’t stress enough how important it is that each of us respect the intellectual property rights of others. While Zibbet being taken offline on Sunday was caused by an unfortunate series of miscommunications, it none the less illustrates in real time the seriousness of copyright and trademark infringements and how far reaching they can be. Not only can individual items and shops be taken offline, but entire selling venues can be taken down as well. So, how can this be avoided? Here are some definitions that should explain the basics…
Copyright is defined by Wikipedia 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.” According to the US Copyright Office, copyright infringement “…occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.”
A trademark is defined by the US Trademark and Patent Office as “A word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.” Wikipedia states that “Infringement may occur when one party, the ‘infringer’, uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the [trademark] registration covers.”
Both copyright and trademark infringements must be reported by the owners of those rights. US copyright and trademark laws are specific about the reporting procedure. Zibbet’s Terms of Use outlines the steps for reporting copyright infringement. We suggest that if your rights have been infringed by another Zibbet seller, that you first attempt to contact that seller and respectfully request that they discontinue the use of your intellectual property (aka sending a ‘cease and desist’ notification). If the seller fails to respond or refuses to cooperate, we then ask that you contact us at support@zibbet.com following the process outlined in our TOU. See Copyright Revisted for a discussion of this procedure.
If you aren’t the owner or licensee of a copyright or trademark, don’t use it. It’s that simple. Save yourself and others potential legal and financial consequences by avoiding copyright and trademark infringement. It’s just good business!
Best wishes for much success on Zibbet!
Also see Digital Millennium Copyright Act (DMCA)
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.
Tags: Copyright Infringement, Digital Millennium Copyright Act, Let's Talk About Copyrights and Trademarks Again, Success on Zibbet, Trademark Infringement
