When selling products or designs that incorporate elements from Creative Fabrica on other platforms, it is uncommon but possible to receive an infringement claim from a third party.. There are a variety of reasons that can increase the risk of receiving an Infringement notice, and understanding these reasons can help you take preventative steps to protect your seller account. Please find more information on how to prevent copyright claims here. Here are some common causes of infringement claims:
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Non-compliance with License Agreements
One of the most common reasons for receiving a claim is not adhering to the license terms of the design or font you used. For example, if you sell a product as a digital download without following the specific end-use terms outlined in our license, the original designer might file a copyright notice against your product.
Reselling or redistributing the design elements as standalone files or as part of another product is not allowed under the platform's License Agreements, and as such may result in receiving copyright claims.
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Non-compliance with External Platform Policies
Another reason for receiving a copyright claim is failing to adhere to the specific policies and terms of use of external platforms where you sell your products (e.g. Etsy, Redbubble, or Amazon KDP). These platforms have their own rules regarding the use of third-party content, and violating these guidelines can lead to copyright claims, account suspension, or other legal action. Always ensure that your use of Creative Fabrica content aligns with the terms of the platforms you sell on.
Common platforms include Etsy, Redbubble, and Amazon. Here are links to the policy pages for some popular platforms:
Etsy's Intellectual Property Policy, Etsy Seller Policy and Etsy’s Creativity Standards
Redbubble
Merch by Amazon
Zazzle
Spreadshirt
Amazon KDP Content Guidelines
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Adding Protected Elements
When you modify a design or add new elements, ensure that these additions are not protected by copyright or trademark. For example, using a trademarked phrase or image can lead to legal issues, especially if the trademark is registered in the region where you are selling your products. Using characters, logos, or other elements, such as trademarks without proper authorization can lead to immediate claims, as these are often heavily protected by copyright and trademark laws.
Therefore, we advise that you check whether the words you intend to use are registered in the geographic area and for the type of products you want to sell. An example of a trademark database you can use for your trademark research is https://tmdn.org/tmview/#/tmview.
If you happen to find a design on Creative Fabrica that contains a registered trademark, please reach out to hi@creativefabrica.com
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Unauthorized Content Uploads
As a platform that supports third-party sellers, Creative Fabrica hosts a wide variety of content from numerous designers. While we thoroughly vet our designers to ensure quality and originality, there may be rare occasions where designs that do not meet our standards slip through the cracks. If the original designer discovers their work being used without authorization, they may submit a claim against your product. We continuously strive to improve our vetting process to minimize such occurrences and ensure a safe and fair marketplace for all our users.
If you ever have a doubt about a design you found on Creative Fabrica, please reach out to us at hi@creativefabrica.com, and we will gladly review the content.
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Infringement by Similarity
Even if you did not directly copy another work, your design might be considered too similar to an existing protected work, which may lead to claims of infringement.