That's cute - but they aren't just expressing their "fandom" - they're *selling* stuff on Etsy. (They claim they made "very little left over", but that just makes them bad business people, not innocent fans). It's just NOT okay to use other people's image / likeness / celebrity to make a profit without their permission - even if you reeeeeeeeeaaaaaly like them!
If you want to make a lovely candle, or give one to your friend - more power to you! Maybe there's some copyright issues there, but more than likely you're talking about fair use. It's when you cross the line into commercial exploitation that you get these kinds of C&D notices.
Here's why Taylor Swift doesn't just offer cheap licenses to fans who take it upon themselves to set up shop on Etsy with her name & lyrics: (1) she has no quality control over something that bears her name - that's a big issue. Think she should just agree to monitor the thousands of crafters who want to make a buck with their projects? In all her spare time? Or with the $1 licensing fees she's getting? And what happens when the Taylor Swift candle burns someone's house down? If Taylor's team gave them a cheapo license, you think she's not getting sued over it? Who's carrying the insurance coverage? (2) she has a team of agents who negotiate HUGE licensing deals with companies who expect exclusivity. If Yankee Candle comes out with the Taylor Swift line, and they're paying a 5 figure royalty check, you can bet they expect Taylor's lawyers (or Mark Monitor) to be scouring the web and shutting down people freeloading in their candle market. Maybe this little Esty shop isn't really cutting in to the market - but maybe they are? How would anyone know if they aren't paying royalties?
Okay, I'll grant you that the language in the typical C&D notice is WAY over the top, and can sound "scary" if you were really so clueless that you didn't realize that you can't just use a celebrity likeness on a product you offer for sale and not have that be a problem. Maybe they could be warmer and fuzzier about saying "stop trying to make a buck off our client" - but honestly, they shouldn't have to. These Etsy sellers aren't being "punished" for liking Taylor. They're being smacked down for trying to sell stuff with her name on it.
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Re: Re: Copyright and Trademarks
If you want to make a lovely candle, or give one to your friend - more power to you! Maybe there's some copyright issues there, but more than likely you're talking about fair use. It's when you cross the line into commercial exploitation that you get these kinds of C&D notices.
Here's why Taylor Swift doesn't just offer cheap licenses to fans who take it upon themselves to set up shop on Etsy with her name & lyrics: (1) she has no quality control over something that bears her name - that's a big issue. Think she should just agree to monitor the thousands of crafters who want to make a buck with their projects? In all her spare time? Or with the $1 licensing fees she's getting? And what happens when the Taylor Swift candle burns someone's house down? If Taylor's team gave them a cheapo license, you think she's not getting sued over it? Who's carrying the insurance coverage? (2) she has a team of agents who negotiate HUGE licensing deals with companies who expect exclusivity. If Yankee Candle comes out with the Taylor Swift line, and they're paying a 5 figure royalty check, you can bet they expect Taylor's lawyers (or Mark Monitor) to be scouring the web and shutting down people freeloading in their candle market. Maybe this little Esty shop isn't really cutting in to the market - but maybe they are? How would anyone know if they aren't paying royalties?
Okay, I'll grant you that the language in the typical C&D notice is WAY over the top, and can sound "scary" if you were really so clueless that you didn't realize that you can't just use a celebrity likeness on a product you offer for sale and not have that be a problem. Maybe they could be warmer and fuzzier about saying "stop trying to make a buck off our client" - but honestly, they shouldn't have to. These Etsy sellers aren't being "punished" for liking Taylor. They're being smacked down for trying to sell stuff with her name on it.
Techdirt has not posted any stories submitted by Lori.
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