Thursday, September 29, 2011

ETSY Question


I hope I am not opening a whole can of worms here, but I'm hoping someone can help me understand about some items on ETSY.
I asked about buying some digital work from a vendor.
Her write up says they may not be used for making things for friends, or for commercial use.
I emailed and asked if I can make some things to sell at my little gift shop.
The answer was no. they are not for commercial use. (guess I never though of my little place as 'commercial'. I thought it meant like making thousands).
So, if I cannot use them to make gifts, and I cannot make a few to sell, are they just meant to be used for making myself something??
I have another inquiry to the vendor to clarify, but just wanted some feedback from my friends here.

I hope no one gets their feathers ruffled over this, but I guess I think if you pay for an item, you should be able to use it more freely. (please do not yell at me. I'm feeling very sensitive today.)

blessings blogger friends,

barbara jean


Carla said...

I can understand your confusion about these restrictions. I know there are a lot of sellers who don't want the finished items to be sold (in large or small amounts), and that is one thing I can understand a little. But why would you not be allowed to make something as a gift for friends? My guess is that it is not meant in that way, and that the seller made a mistake, meaning that you are not allowed to sell the items to friends? Or maybe that you are not allowed to give the pattern itself to friends? Something like that. It sounds a little strange to me.

Ido said...

Hi Barbara, I think if it's specified on her etsy shop that you can't make things to sell, you can't. I have bought digital images before but the etsy seller specified that you could do whatever you want with them because you paid for the image, I guess it depends on the seller. If I was you I would stay away from her and not buy her images.
I hope I wasn't too mean :)
Hugs & Kises

Linda @ A La Carte said...

That is what it sounds like to me! I would say not a good deal for you then. I hope someone else has more info for you. Are her ideas/designs copyrighted?

Dorthe said...

Dear Barbara, hi--I think you are right-it should at least be able to use digital pieces, for giftmaking, to friends- AND I think that mostly it is also accepted to be used for smaller amounts of creations, to be sold. So I don`t blow off your head , I think you are right-:)
Hugs, Dorthe

Micki said...

I agree with you 100%! If I am paying for a pattern, I intend to use it for whatever I want to use it for. If they don't want the pattern used, they should just make thei items themselves and sell them. I don't take an item and tear it apart and copy it.

Tete said...

Some digital items come with a condition. There are those who give images away that you can use for your home or for gifts. They are not intended for you to make money on. If money changes hands, it's a no no.
Some people don't care what you do with them after you buy them. The best thing to do is to make your own stuff and then you know you are ok or you can snag anything at my place. If there is something that I don't want to give away freely, like I intend on making money from it, then I will put SAMPLE in big letters across it.
Don't pay for something you can't use! There are too many free images out there.

Lululiz said...

That sounds VERY restrictive to me. I certainly wouldn't buy anything like that. I have looked at lots of digital image collections on Etsy and Artfire and bought one or two, but I have never come across anything like this.
Can't even make something for a friend as a gift? Geez.

Kathy Martin said...

Hi! I'm an artist and Etsy dealer and anything that you make for profit, to sell, is considered commercial. You can, however, make things for gifts for your friends. Hope that clears things up. :) Kathy

Jane said...

That's an interesting question! I've seen many where they say it's ok to use the images to make items for you to sell, but not to sell the images themselves or pass the images along to others. Please let us know what you hear back from the vendor. I don't sell anything so it's not personal with me, just interested.

Pat Winter said...

Barbara, I always ask about my use when it comes to digital, even if the ad states it is not CU (commercial use)and I always get a go ahead. I don't understand why someone would pay for something they can't share in their art with others. I respect their time and art but do not understand why they won't allow a paying person the right to share it in another form. So I am with you, and we both may get yelled at :-)

Okio B Designs said...

I'm with you: if you buy it, you should be able to use it how you wish. I have bought some digital images off of Etsy but from shops that don't have those stipulations. Maybe keep looking around. There are sellers with less strict rules out there. ;)


The English Romantic said...

I think that Etsy puts your work into a 'pool', you have to acknowledge that it will be used to share.That's part of the fun of feeding off each other.
If you buy a dress pattern from Vogue you can make it up to sell but not to claim as your own design!!! I rest my case.

sonya said...

Hi Barb,
I totally understand how you feel! Why are they selling it on Etsy in the first place? After you purchase this item, isn't it yours? It's not like you are going to mass produce a likeness of it-which I can understand their problem with this but good heavens!!
I say if you're willing to share it on the World Wide Web, you are giving up your rights to a certain extent. People will copy you-if it's something that people want. That's the chance you take. If you are worried about being copied...then get a patent.
I hope it works out for you, dear girl. Keep your chin up! :)
Blessings and hugs,
Sorry you're having this trouble.

sweet violets said...

Commercial use means anything that is going to be "re-sold" to someone else using that graphic, weather in a store or craft show or to a friend.....period. If its their own work of art, I understand....then don't put it out there to sell in the first place.....just my take...

I learned the hard way, bought a collection of clip art from Luna Girl, to use in my creations....they are all protected, you can only use the designs 10 times for commercial and that is it!!! So out of 40 designs I can only use 10 pieces once or one piece 10 times....for the rest of my life!!! What a waste of money!!! I will never use them for fear of being sued and will never buy from them again...

You can get for free from the Graphics Fairy or buy from Graphic on etsy and use them to your heart's content!!! I'm with you....hugs...cleo

Gail said...

Hi Barbara Jean,
I'm also in Eugene and have an Etsy shop, though I don't sell digital items. I do buy quite a few though and have learned to read the policies to make sure that they can be used to resell. I sell lots of digital tags, etc.
Most digital artists allow you to use their images for resell, very few don't. I dismiss those immediately and keep looking.....I wouldn't make enough to use just for myself.....there are enough free images out there for that. It always kind of irritates me!
But that's just me...:).
There are many very good digi sellers on etsy, just search around and you'll be sure to find them!

sweet violets said...

Sorry, that is Graphique, on etsy and I also buy from JAOswalds on etsy....cleo

The Polka Dot Closet said...

Hum, I see bloggers all of the time post pictures of things that they made with graphics they bought online and then say it is going in their shop. I use Graphics Fairy for stuff to sell all the time. Usually the rule is, you can use it in a project, you just cannot sell the graphic alone. Snoop around on Etsy and see what other graphic sellers rules are. Then do a blog on it, I would love to know the rules!


shawkl said...

It's not really an "Etsy" question as much as it is a copyright type of question. I'm assuming that the "seller" is the originator of the digital art. She can stipulate exactly how it can be used if purchased. Commercial would mean anything you make a profit on...selling it. Even selling one is commercial. It does seem like the "can't make gifts for friends" is pretty limiting...there goes any idea for making a Christmas gift or birthday gift! But, consider make an item and give it as a gift. That person you gifted decides to sale it later on...then it become commercial. And the original person selling her work on Etsy...has also just lost "control" of her efforts.

So, unless you love it so much you just want to use it for yourself...might want to pass on the purchase.



The Feathered Nest said...

Hey sweetie....I have a very hard time understanding this dilemma! If you sell your ideas on the internet, if your teach your methods and if you sell your designs, you are RELEASING them!!! They will be don't have a hold on them anymore. Yes, I can understand you not wanting Walmart to produce something without compensating you but give me a break, people that purchase from you on Etsy will be selling onsie, twosies and who really cares about that? I even understand that if I POST a project I've made on my blog that I may possibly see it duplicated and that's what happens when you share on the web. If this seller is ugly Barb, just move on girl, you make the most amazing stuff all by yourself!!! hugs and love, Dawn

Neabear said...

Sometimes it seems that if you can't make something as special gifts for friends...what is the point of getting the pattern....Maybe you can alter it somehow then it is not exactly the original creator's idea. Actually I have no idea what to do. But yes I do see that statement on some patterns and whatnot. I do respect it when I see it. But I have always assumed you could make gifts...just not make a whole bunch to sell.


T's Daily Treasures said...

There are so many free graphics out there I don't even see why anyone would ever need to purchase any. I say move on and don't give this seller the time of day. Best wishes and blessings, Tammy

Shopgirl said...

If you bought it, and it is a pattern to make a item, then I think it belongs to use as you like. She is dreaming. Have fun, do what you like. It belongs to you. I am sure there are others that have bought this also. Big Hugs, mary

Carolyne said...

I totally agree with some of the other commenters, Barbara. Move on to someone else who is willing to share! *Your* interpretation is going to be completely unique from another's anyway.
When we make something using someone's graphic or example from a tutorial, maybe the 'creator' is a bit too emotionally attached to their original. I think they are confusing releasing the images that they sell for profit and hanging on to something they may feel is 'intellectual property'. Two completely different ideas IMHO.
*You* are original and what you make is your artwork

Betsy said...

I would just stay clear of this seller. I'm sure he/she has lovely work, but I don't think I'd even enjoy making anything using the graphics and then be looking over my shoulder all the time. There's so much out there you can use free and clear.

Jillayne said...

It can sure be frustrating when you are quite willing to pay to use a design only to find out you can't. Using and copying can be very different things, and to expect people to pay for a design but only use it once, without even the possibility of making gifts is daft!
You're not alone in trying to navigate this confusion!

Shabbylishious said...

i am an Etsy seller myself but dont sell digitals, but I do buy them.I just buy fromn people who says it is alright to do minor commercial or whatever I want with htme. Such restricitions as not beeing allowed to use to make gifts is in my opinion totally pointless. I would not buy from this person at all. E mail me and I can tip tou some good shops there that is friendly and allows us to use their work moore freely.