What happens when someone on Zazzle copies your design?

[BeautBotanical]

Hello 🙂, 

I was really upset this morning when I logged on to Zazzle and saw that someone had copied one of my best selling designs. I used the 'report design' option and included a link to mine to show how similar they were. 

I was wondering how Zazzle handles this, and what is classed as 'copied' enough to be removed ?

The issue is that they're not completely identical as they've used different text fonts and placed it in a different location. However, the main image that makes up the vast majority of the design is the same colour, position and orientation but just slightly zoomed in on theirs. I'm so disappointed.

Thanks,

[Malissa]

If it is a matter of purchased assets being arranged on a page, I am not sure that there is much that can be done.  Maybe if they used all of the exact same elements, if it is more than one element, it would play a factor, but since purchased assets are available for anyone to buy and use it is just a matter of time before someone puts them together in a similar way either on purpose (blatant copying) or just by accident. 

If it is your original art, that is a whole other issue, but since you didn't say I am assuming not. 

Sorry that happened to you.

I have had my own original artwork taken down for copyright violation so they may just take it down no questions asked and the burden of proof is on the other person.  I have luckily had the proof of the original and occasionally work in progress pics as well to prove that a piece is mine, but graphic design is a bit different I believe.

[KeegansCreation]

I googled wondering if style and layout are considered protected intellectual property. Apparently, legally, no. https://www.jootoor.com/intellectual-property-and-copyrights-graphic-designers-must-know/      The salient paragraph is point 2: "Your designs are safe but your style isn't.............Most of your visual language may be appropriated by designers." Their example is furniture, not graphic design but I am confident the same legal principle applies.  This comes up frequently in fashion. Knockoffs of high fashion from Gucci, Prada etc. are perfectly legal so long as they don't contain trademarked logos or symbols. https://www.law-forward.com/post/why-knockoffs-are-legal-should-they-remain-so#:~:text=In%20essence%...   In essence, POD designer A who uses an asset in the exact same way as designer B, after seeing B's design, has made a knockoff. But that is perfectly legal and not actionable, however aggravating. 

Here is a dissenting (I think) opinion. https://www.commarts.com/columns/is-it-true-that-copyright-doesn-t-protect-graphic-design   from the article:

“Copyright doesn’t protect graphic design.” We’ve heard this persistent urban legend from academics, lawyers and even some employees in the United States Copyright Office. But is this really true? Fortunately, the answer is no. US copyright law protects a type of work called a “compilation.” Graphic and web design often fit this category.

A compilation is defined as a selection and arrangement of materials or data. Because copyright focuses on “original works of authorship,” the selection and arrangement must have some degree of originality. Simple grids or commonplace layouts are not considered original."

The devil is in the details. What constitutes a "commonplace layout"? The article is about graphic designers formally registering their graphic design with the copyright office, an expensive affair. There may be official standards for what constitutes a "commonplace layout" but they don't give examples. 

[BeautBotanical]

Thanks for the information it's much appreciated. I wonder if Zazzle/other PODs might remove 'copied' designs purely from a moral standpoint. It isn't very encouraging for designers to be putting in their time and effort, knowing that someone can just come along and slightly adapt it. I purchase a lot of my artwork/clipart, so this other designer could essentially buy the same and copy my entire store? It's crazy !

[Windy]

Fascinating!  This is good information.

As the dissenting points out, The devil is in the details of demonstrating an arrangement is in fact unique......and also of course, the devil is also in the legal fees. It would be expensive and time consuming to try to protect a certain selection or arrangement, so I don't expect many Zazzle designers would go that route. 

[BeautBotanical]

I haven't been able to find it since, but I'm pretty sure that when I signed up to Zazzle there was a user agreement with a statement along the lines of do not copy other artists' work. So while there might not be a legal argument, it might still violate their personal rules to be removed?

[Windy]

Ah. You may be correct.  I am not much for reading all the fine print, but the page you are thinking of may be this one:

https://www.zazzle.com/mk/policy/user_agreement

An earlier version is linked at the very end of the document.

I understand why you are not happy about this whole thing! 

[BeautBotanical]

3. User Conduct, Acknowledgements and Agreements:
3.1. In using this Site, you agree to not:

3.1.13. disrupt or interfere with the enjoyment of any other Users of the Site or affiliated or linked websites;

^^ and there we have it, they have violated 3.1.13 by interfering with my enjoyment of being a Zazzle Designer 😂🤣

On a more serious note, it also says this in the old version !

3.1. In using this Site, you agree to not:

3.1.19. upload and/or exploit any other User's Content (including Collaborative Content, as applicable), on the Site or elsewhere, for use by others; or

[klstock]

In your example, it isn't a case of them copying "other artists' work" as the artist in a legal sense would be the one who created the artwork that each of you purchased to use. It is a matter of them copying your style in how you used the clipart. Still not cool.

That is the nature of using purchased clipart – others can easily buy and use the same and can and will make something similar, or even be a total @$$ and do an identical knockoff. 

Try to make it harder for them to do that. In cases where you are using purchased clipart - try to use different elements from different people. Mix and match. If after doing that, you still find someone who copied your style, then‌ at least you can have fun picturing all the trouble they went to searching out and buying all the various elements.😁

[BeautBotanical]

You are exactly right ! My most recent designs are much more complex and combine multiple elements, so should provide some extra protection. This was actually one of my first designs so was a bit more basic. I wouldn't have minded so much if it wasn't my best seller......typical!

[Wildart]

yes but you have to prove they intended to copy it and didn't just by coincidence buy/use the same element available to everyone. If it is your own artwork, as stated above, that is different. No one better be using my original art that's for sure.

[chefcateringbiz]

It's possible the other designer thinks of it as "inspired" work rather than copying. It's really your responsibility to confront - er, I mean "reach out to" - these copycats if you think that's what they're doing. Zazzle can't make a judgment just based on similarities of readily available clipart images. Morality doesn't really enter the room here.

[BeautBotanical]

Yes, I'm definitely glad that I reached out. I'm not a confrontational person but I was left with no choice when the design started appearing all over other platforms too.  It's really hard for me to explain how similar the designs were without showing the images side by side. But what I will say is that I consulted multiple friends and family and was met with shock each time as they could hardly tell the designs apart. I've also never seen two designs that 'similar' myself on Zazzle. 

[KeegansCreation]

I suspect that for Zazzle to act on it, the other designer would have to have used something you have exclusive rights to. If they used the exact same design element but that element is in the public domain or is something you both bought, then they have rights to it too.

[BeautBotanical]

Hey,

Thanks for the replies! Yes it's an absolute mine field with commercial rights etc. It's just so frustrating because I sourced the image, decided on its best use, organised and positioned it for maximum impact, I.E did all the hard work, and then someone has come along and seen it (it shows up on the first page), thought that looks cool and just replicated with new text 😣. Now I'm essentially competing with my own idea for profits......

[Connie]

Yes, that is frustrating. It's the nature of the beast when it comes to purchased graphics, as well as text-based designs using Zazzle's fonts. I guess the only solution would be to use all original artwork, so at least you could file a copyright takedown claim.

[Windy]

You ask I was wondering how Zazzle handles this, and what is classed as 'copied' enough to be removed ? 

Copying is not a legal issue for Zazzle, so I assume Z will ignore reports of copying. What Zazzle would take action on would be infringement of your copyright, if you hold a copyright to that design. 

[BeautBotanical]

Hello all, 

Just to update, the design started appearing across multiple other POD sites and marketplaces. I reached out to the designer independently to say how upsetting it was to see my hard work and idea used in such a way. 

They then offered to remove the listing from their pages. I am still certain that they copied because the title, tags and even text of peoples' names on the invitation design were nearly identical- but hey. 

I have also had an email from Zazzle this morning regarding my report of the design. I don't know if they would have removed the design, and as the seller has already taken it down, we will never know. But they are certainly taking these things seriously, whether it be from a legal or moral perspective. 

Thanks, 

[Windy]

I am glad they are taking it seriously. I am glad you found this and were able to get action from the person who copied!

[Malissa]

Them offering to take it down it down like that kind of says to me that they knew they copied.  If it was me, and I knew I didn't copy and it was accidental, I would probably be more stubborn about it.  Then again, I am pretty hard headed 😂.

I am glad that you didn't have to fight them over it, and that Zazzle was looking into it and taking it seriously as well.  I might keep an eye on that store still though.  Just because they got caught doesn't mean they won't try it with more of your designs.

[BeautBotanical]

Definitely ! Without showing the designs side by side, I really can't emphasise enough how similar they were. In fact, I don't think 'similar' is even the right word to use here 🙄. Their design also had a near identical title to mine, the same tags (in the same order), and as it was an invitation I used two names for display e.g 'Jack and Jane' and there's was 'Jack and Jill', they didn't even try and conceal it !

You are exactly right about monitoring their store, and it was one of the reasons why I reached out because I wanted them to know that I'm watching 👀🤣.