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Etsy Infringement Claim

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EtsyHelp

New member
State - California

I sold one shirt on Etsy for around $15 with the quote “Still I Rise” on it and now Maya Angelou’s company is attempting to fine me $250 for infringement though I’ve already taken the item down from my shop. Maya Angelou’s name was in the description however her image was not nor was the shirt a photo of her. I have not sold this item to anyone in Indiana, yet the lawyer is justifying this claim with the below statement.

Here is an excerpt from the email they’ve sent:

“Indiana’s statute is very clear on this point: “advertising or soliciting purchases of products, merchandise, goods, services, or for promoting commercial activities” are not exempted from a right of publicity infringement claim. Ind. Code § 32-36-1-2. There are also state laws that specify that they will apply in regard to any acts that occurred within that state’s borders. For instance, Indiana Code Section 32-36-1-1 explicitly states “This chapter applies to an act or event that occurs within Indiana, regardless of a personality's domicile, residence, or citizenship.” Therefore, products or services sold or advertised through interstate commerce that are available to Indiana residents through the internet would be subject to to Indiana’s statute.”

I have more information on the exact language they’re using but in short - is there any way around me not having to pay this fee? Thanks so much in advance.
 


quincy

Senior Member
State - California

I sold one shirt on Etsy for around $15 with the quote “Still I Rise” on it and now Maya Angelou’s company is attempting to fine me $250 for infringement though I’ve already taken the item down from my shop. Maya Angelou’s name was in the description however her image was not nor was the shirt a photo of her. I have not sold this item to anyone in Indiana, yet the lawyer is justifying this claim with the below statement.

Here is an excerpt from the email they’ve sent:

“Indiana’s statute is very clear on this point: “advertising or soliciting purchases of products, merchandise, goods, services, or for promoting commercial activities” are not exempted from a right of publicity infringement claim. Ind. Code § 32-36-1-2. There are also state laws that specify that they will apply in regard to any acts that occurred within that state’s borders. For instance, Indiana Code Section 32-36-1-1 explicitly states “This chapter applies to an act or event that occurs within Indiana, regardless of a personality's domicile, residence, or citizenship.” Therefore, products or services sold or advertised through interstate commerce that are available to Indiana residents through the internet would be subject to to Indiana’s statute.”

I have more information on the exact language they’re using but in short - is there any way around me not having to pay this fee? Thanks so much in advance.
You could try to negotiate a lower amount.

Statutory damages awarded in a copyright infringement suit will be between $750 to $30,000 per infringed item - but a judge at his discretion could award as little as $200 to a copyright holder if the infringement can be seen as innocent (unintentional).

The $250 is not far off from this “innocent” low for copyright infringement. How much lower a negotiation could bring this amount for infringement on personality rights is a question mark. Statutory damages for personality rights infringement is $1000.

Here are links to Indiana’s personality rights law and potential penalties for violations:
https://codes.findlaw.com/in/title-32-property/in-code-sect-32-36-1-2.html

https://codes.findlaw.com/in/title-32-property/in-code-sect-32-36-1-8.html

https://codes.findlaw.com/in/title-32-property/in-code-sect-32-36-1-10.html
 
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LdiJ

Senior Member
State - California

I sold one shirt on Etsy for around $15 with the quote “Still I Rise” on it and now Maya Angelou’s company is attempting to fine me $250 for infringement though I’ve already taken the item down from my shop. Maya Angelou’s name was in the description however her image was not nor was the shirt a photo of her. I have not sold this item to anyone in Indiana, yet the lawyer is justifying this claim with the below statement.

Here is an excerpt from the email they’ve sent:

“Indiana’s statute is very clear on this point: “advertising or soliciting purchases of products, merchandise, goods, services, or for promoting commercial activities” are not exempted from a right of publicity infringement claim. Ind. Code § 32-36-1-2. There are also state laws that specify that they will apply in regard to any acts that occurred within that state’s borders. For instance, Indiana Code Section 32-36-1-1 explicitly states “This chapter applies to an act or event that occurs within Indiana, regardless of a personality's domicile, residence, or citizenship.” Therefore, products or services sold or advertised through interstate commerce that are available to Indiana residents through the internet would be subject to to Indiana’s statute.”

I have more information on the exact language they’re using but in short - is there any way around me not having to pay this fee? Thanks so much in advance.
If you haven't taken the shirt completely off Etsy you need to do so immediately. As long as its on there its advertised for interstate commerce.
 

quincy

Senior Member
EtsyHelp said the item was removed. If EtsyHelp did not remove it, it would have been removed by Etsy.

Even removal from the site, however, does not protect from a legal action. It can only work to mitigate any damages.
 

zddoodah

Active Member
is there any way around me not having to pay this fee?
Sure. Don't pay it. It's not a fine or a fee. It's simply a demand.

The bottom line here is that you tried to promote the sale of your product by using a famous person's name despite that famous person having no direct connection to your product and despite that person never having endorsed your product. That's a big no-no and a great way to get yourself sued.

My guess is that you won't get sued over this, but you need to be much smarter if you're going to continue selling stuff.
 

quincy

Senior Member
As opposed to ignoring the letter entirely - which I agree is an option I failed to mention - EtsyHelp can take the letter to an attorney in her area for a personal review. It can be a good idea to determine the legitimacy of the letter and letter sender prior to negotiation and payment.

The problem with simply ignoring an infringement notice is that, should a lawsuit be filed, the $250 offer to settle will disappear and the costs to defend against, and lose, an infringement claim could easily exceed the $250 currently demanded.

When statutory damages are possible, the one who has been harmed has less reason to avoid a lawsuit, especially when reasonable attorney fees can be included in the award.

If the letter is from the estate of Angelou (or the ones holding rights in her name), I still think negotiating a settlement could be smarter than ignoring the infringement notice.

Here is a link to Caged Bird Legacy, LLC, and how to legally acquire rights to Maya Angelou material:
https://www.mayaangelou.com/business-inquiry/
 
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