Folksy Ltd

That didn't last long

Looks like my stay at Folksy will be short lived. It seems some people don’t do their research before they accuse people of copyright infringement, which I find really annoying.

Looks like my account will be suspended in a couple of days. I just hope they refund me.

TBH I’m not suprised as you have image’s taken from photo’s you don’t own the copyright to and unless you have the original copyright’s written permission you have opened yourself up to being sued by the owners.

I guess one of the owners has sent a legal Cease and Desist order which Folky will have to obey if they don’t want Folksy to be closed down.

You can replie to the Cease and Desist letter and contact a IP solicitor if needs be. You’ll have to prove you took the images in your artwork. But first thing is to hide the listings that are being challenged. This information goes to the person who is saying they own the image.

When I’ve reported things for copyright infringement (obvious things like Disney and Starwars), Folksy told me it’s nothing to do with them because they can’t check out whether people have permission or not. It would be up to the “injured party” to pursue you if you were “guilty”.
Eileen wrote her reply while I was writing my post- she probably knows more about it than I do…

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If you’re talking about Monroe…they are Public Domain. This is the official statement on stars head shots prior to 1989. I wish people would do their homework before they start accusing.

“Publicity photos (star headshots) have traditionally not been copyrighted. Since they are disseminated to the public, they are generally considered public domain, and therefore clearance by the studio that produced them is not necessary”

And that’s offical

http://www.theguardian.com/film/2012/sep/03/marilyn-monroe-estate-image-rights

Christine@theowlandthepussycat is correct.

It’s the IP holder that has reported you to Folksy.

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I think you’re making assumptions here. There cannot be an IP owner for images that are public domain.

Yes, Folksy will only warn you or remove items if they are contacted by the copyright / trademark holder, so they have obviously noticed your work is using one or more of their images. The internet is wonderful for publicising work, it’s also good for people to be able to trace illegal use of their work.

They haven’t been contacted by anyone. They said the images “may not be suitable” As I’ve already pointed out there is no copyright on that image.

It’s very unusual if Folksy have done that - their line has always been that if a copyright holder contacts them they will take action against a shop, but not otherwise.

However, as we can only go by what what you are telling us, we can’t really offer any other advice. We’re only hearing one side of the story.

Not all items claiming to be public domain are in fact really public domain you have to do your research. Just because someone puts an image onto the internet saying it’s public domain doesn’t make it so.

It’s one of those things that happen unfortunantly and you’ve been caught using one you thought was public domain but isn’t and the owner is rightfully asking you to remove the image. They are also in their right to sue you so.

Always do your research never ever just believe something is public domain.

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Yep MM is trademarked.

The name is trademarked…thats a different issue and I haven’t used her name in the title. the tags can easily be removed

The research is there on the internet for all to see. I thoroughly researched it before I even considered using that image.

I should talk to admin and ask them to clarify which images are being objected to and why. I don’t see why your whole shop should be closed down if you remove the items in question…

Sorry Eileen but you’re making assumptions and I did do my research thanks

They didn’t specify which images and they haven’t responded to my email. I’m not in the wrong so why would I remove them. They can remove them if they want, it’s their website, but threatening to close my account is not the way to do it. That just annoyed me.

At risk of being shot down in flames, copyright or not, the ethos of Folksy is ‘‘handmade and original’’ so probably isn’t the right venue to be selling reworked publicity shots of famous people or images.

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I wouldn’t shoot you down…I value peoples opinions. I’ll let Folksy take them down if that’s what they want. I just thinks it’s a bit much threatening to close my account.

Well tbh as you didn’t create the images it’s not handmade by yourself so yes it’s not Folksy legal so yes Folksy can and do close down shops that don’t comply to their TOC’s.

They don’t even have to let you know in advance.

I can’t see a single image that would suggest you took it yourself unless the ones of the flowers all the others belong to ‘other people’. I’ve done some reverse image searches on a some of you items and they all came up as other peoples photo’s.

If you take you own photo’s then that would be Folksy legal classified as handmade. If Folksy have sent you a warning email it means they are giving you the opportunity to take down your listings, because if they have to close your shop you’ll not be allowed to open another one at a later date.

Folksy is for handmade and craft supplies which can be handmade or commerical craft supplies.

Just restart again with new listings that comply with Folkys TOC’s.

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If you’re adamant that what you’re selling is your own work, Folksy should at least tell you what the problem is by replying to your email. I looked at your Facebook page, you don’t seem to have any original photographs on there for someone who takes such a wide variety. Perhaps you could put your paintings in your shop instead…

I was a professional photographer until about 2 years ago…here’s some pages. I used to have images with Getty too but I pulled out. Now I’m just with Alamy, Dreamstime, Shutterstock and Photo4me. I will get around to putting paintings up at some stage…just need to get motivated :smile:

http://www.alamy.com/stock-photography/AD7082A9-86B1-464B-931A-D1A977486236/1/David%20Tyrer.html

As for the MM images which I’ve removed just to keep everyone happy. I spent a whole day just hand colouring the black and white image before adding it as a composite, which also took time. The composite was my work using public domain elements.

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