How to Know If Something Has a Copyright?

[bobbieanne]

Recently had several cross stitch kits listings removed due to reported copyright violation.  I purchased these kits from a vendor in China - pattern, fabric, chart, needle - since I liked the look of them.   After listing them someone from the UK filed a complaint with VeRO saying that the designs are hers and that they are not copyrighted for kits.  I had never heard of this person or her designs.  Obviously, her name was never mentioned in the listings and I stated that these came from company xxx from China as far as brand and origination.

How does one know if a cross stitch design is by someone and if it is a copyright design.  No where is anything mentioned in the kit.  Yes, a Burberry item is easily recognized, but do you know how many cross stitch designs are out there?  

Any guidance for moving forward?

[shipscript]

@bobbieanne

Unfortunately, China does not respect US (or other) copyrights and freely abuses external copyrights for internal distribution. That had not detrimentally affected the rights owners initially,  because they couldn't sell into China anyway. Now that China is shipping worldwide, they are still ignoring external copyrights, and a lot of counterfeited products, or purloined designs, are appearing within our own markets. If the product is of China origin, I would tend to be cautious.

A designer will know her own designs, and these are so easy to copy that it seems to be a regularly appearing problem in that sector. Unfortunately, I don't think you can know about something like this without putting it out there.

US copyright law states items are inherently copyrighted by the creator at the moment of creation; but to fight a battle in court, it is better to register the copyright with the US Patent and Trademark Office. I suspect most eBay sellers don't want to search the USPTO records for ownership verification.

[bobbieanne]

This is one of the kits that I sell - no matter what the item is the package is always the same - says bookmark and beach lighthouse - no pattern name, designer name - nothing

 Every package says "Beach Lighthouse)

These packages have a name of a design on them, but if you were to google it you aren't going to find a cross stitch with that name.  There is no mention of a designer or any real pattern name.

kit that complaint was about

What I don't understand is that I never say these are from the John Smith Design Company  - I say the company it is from is the company on the package - OneRoom, Dream Pattern - so what is the difference between selling these or a designer knock off bag that I never imply is the real item or charge the price that the real item would cost?  That is what I am confused about - I'm not trying to dupe anyone - I just think these are neat kits and affordable and customers would like them.

[shipscript]

You are not trying to dupe anyone. The seller in China who plagiarized the copyrighted material and is selling under their own name is duping you.  The same would be true if they were selling a designer knockoff or bootleg (the legal term is counterfeit) that you then listed on eBay. The US has patent and trademark laws to protect the intellectual property of US citizens and filers.

Before China started flooding the US markets, the counterfeits were not a big problem. Now they have grown to gargantuan proportions, partially due to third-party selling sites (like eBay) where small-quantity imports can arrive below the US Customs radar.

I have a dear 93-year old friend who came to the US from China after the Japanese invasion of China during WWII. Based on schooling in the formal ancient Chinese literature and law, and simultaneous schooling by Christian missionaries, the dichotomy of the two cultures was explained to me as:

- In Chinese culture, the shame (loss of face) comes from being caught.

- In the Christian culture, the shame comes from doing wrong.

Thus, it is a long-standing problem that China does not recognize US copyright laws. However, as a seller in the US, you are obliged to follow US copyright law. You are simply the innocent middleman trying to sell an illegally produced item.

I really don't know how a small seller can have any clue about the provenance of every item, which is unfortunate.  I can only recommend that you not become too deeply invested in products from China.