Good idea Joy let’s ask Lego and all the other brands fraudulently used on here.
I see the Lego titled listings are still there …!
Well unless the sellers come to this forum read this thread and spontaneously decide to withdraw their items that was never going to happen. Either they are unaware, or they dont care. We know Folksys stance on this. If anyone would like to report the sellers direct to Lego legal team that would be the way to go. I’m sure it’s easy enough to find a contact on the web.
Same goes for Disney stuff, if we ferl strongly enough all we have to do is shop them to Disney legal directly.
I saw Harry Potter knitted toys a few days ago
‘Harry Potter’ is copyrighted and cannot be used in any description of items for sale or sold. Plus any HP items put into craft is illegal.
Search HP copyright UK the details come up and Warner Bros and JK Rowling do sue.
What happens if you breach copyright UK?
If found guilty of copyright infringement in a magistrate’s court, your business could be fined up to £50,000 and you could face a jail term of up to six months. If the case reaches a Crown Court, fines can be unlimited and the maximum sentence up to ten years’ imprisonment.
Not worth losing your home over.
As I said, it’s simple to find the warnerbros email to let them know if you feel strongly enough, and report them…
I know it is Helen, know someone who works for them.
Not sure my comments are welcome on here though just trying to offer advice.
Sorry Caroline, I wasn’t meaning to upset you or anyone else here. I just think that if we want anything done about it we ought to take action. I suspect everyone who come on this forum knows what’s right and wrong as we do - and the people we need to be addressing aren’t here! I certainly wouldn’t contact the offenders directly, but I might just report them…
The subject of infringement came up in the local captains group earlier this year and Folksy confirmed their stance of they will only remove items when they have received proper notification from the IP holders (this stops any tit for tat false claims from shops trying to sabotage each other). Once they have received the notification they will remove all infringing items and any future listings that fringe (unless the shop can produce the correct licenses). As @HelenCliffordArt has said the contact details for the big companies are available online…
Thank you Sasha, aware of the emails for these companies. Just do not want Folksy to get into trouble as that could affect all the genuine handcrafters on here. Once tarnished rep etc.
Indeed. If Disney were to see the number of shops and listings on here which specifically break Disney rules not sure that Folksy would be able to afford the fines as they are by default allowing the infringement.
Did I read it correctly . Folksy are happy to allow anything until told not to by the copyright holding company . Not sure how that would hold up legally.
Can I just clarify Sasha, that you no longer want us to report shops as it is felt we could be sabotaging other sellers? That has never been my or others intention and is almost defamatory, inferring that we are reporting for the sake of reporting.
If that is the case perhaps a message needs to go to all sellers, telling them not to report rogue shops but perhaps to report direct to the likes of Disney etc,
What about the AliExpress resellers of which there are quite a lot popping up atm, having come over from Etsy. Plus the blatant money launderers.
I have got the message now and will no longer report infringement or spam sellers. I will however contact the companies affected by copyright directly.
Not trying to cause an argument or anything else here but if a platform such as Folksy permits, for example, items featuring Disney, Marvel etc characters, and advertising the items as such (eg ‘Disney Princess notebook’), aren’t they leaving themselves liable for action because they are facilitating the copyright breach? Sorry, that’s a very convoluted sentence but I hope it’s understandable.
Thank you… 'facilitating ’ was the very word i was looking for in my own comment above.
See, I could remember the word facilitate but I’m not convinced ‘understandable’ was the word I wanted!
Folksy DO want you to use the report item/ shop button for things they can act upon. Reports about IP infringement have to come direct from the company who’s IP is being infringed upon.
I didn’t mean to imply that you were attempting to sabotage other shops so sorry if that it how it came across. It was meant as when one shop selling eg Disney items files IP claims against another shop for selling Disney items to get them removed so the second shop reports the first shop in retaliation but in actuality neither of them owns the IP. You are not reporting shops/ items to give yourself any sort of advantage but to protect Folksy.
Can i ask if theres a legal reason why folksy cannot act on IP infringement when its blatantly obvious?
If someone is using, eg Disney characters, in their products, do Folksy really have to wait for Disney inc to come roaring in before they can act?
Is that a legal requirement?
They didn’t say - only that they would act when they got the correct notification from the IP holders.
Ah, thanks. I guess theyve looked into the legal position and feel confident that folksy as a business wont be held responsible for hosting copyright breaching and fake products.
I’m m not so sure myself, but hey, its only a small part of my income thats at risk if the big boys come knocking with other ideas…
I’m pretty sure that none of us report ‘bad’ listings, copyright infringing or otherwise in order to ‘protect Folksy’. Not a reason which normally crosses my mind.
I report them because it annoys the hell out of me to see them there at all and positively bringing onto disrepute the shopping platform where I have had a lovely shop for 15 years. Where I have built myself a wonderful and loyal customer base, through a not unsubstantial amount of effort on my part re promotion of my glass, my shop and the platform. This is a position which I cherish.
Goodness knows what potential customers think if they spot these listings.
I am not at all sure that if the IPs decide to take action Folksy will be able to exonerate themselves, presumably blaming the sellers. After all it is very well recorded in many topics on this forum that we have asked for action to be taken.