Weird Al has permission from the folks that he parodies so that's a completely different situation. Etsy will remove any listing if the copyright owner asks them to. They don't police it or make a judgement themselves, they simply act out the wishes of the copyright holder. Fair use is quite complicated and it's anyone's guess which way the courts would go, I would think most small business owners do not have the money to go to court against Disney etc to argue fair use.
Lovers of offbeat music and hard-core rap would probably never use the names "Weird Al Yankovic" and "2 Live Crew" in the same sentence. Yet, they have something very important in common. The law protects their use of other people's musical works. The reason is that courts consider both 2 Live Crew's rap combined with pop music riffs and Weird Al's combination of everything... to be parodies, which are protected under fair use doctrine.
Defining Fair Use
It is an American tradition to poke fun at, criticize and imitate cultural and political icons. However, that tradition could get you sued. There is a defense in copyright cases called "fair use." Section 107 The Copyright Act of 1976 outlines what a court has to consider when determining if something is fair use:
1) Purpose and character of the work
2) Nature of the work
3) Amount and substantiality of the portion used in new work
4) Effect of the use upon the potential market for or value of the copyrighted work
What this means is courts go through four steps, the first of which is to look at whether the creator of the new work did it as social commentary or financial gain. Next, they look at whether it is parody, satire, criticism and if that purpose is obvious in the content. A judge will also consider how much of the original work is included, and whether the will hurt the present or future sales of the old work.
2 Live Crew Remixes Pretty Woman
The leading case on fair use as it pertains to musical parody is Campbell v. Acuff-Rose Music. It put Luther "Luke" Campbell against Roy Orbison's record label over a bawdy 2 Live Crew remake of the classic "Oh, Pretty Woman."
Campbell asked the record label for permission, but were refused. They remade the song anyway, giving credit to Orbison and the record label. The label sued, and the case made it to the Supreme Court. The Court compared the song to the original before applying the four steps. The justices decided that the 2 Live Crew version "commented on" the earlier song and seemed to criticize it. They said that part of the content, along with the original rap lyrics, parodied the Orbison song. The court reached a unanimous decision that parodies fell under the fair use defense.
The First Amendment Could Free Weird Al's Speech
The First Amendment is often used to defend against copyright violations. Artists argue that parody falls within the right to free speech. When analyzing this defense, courts weigh the value of the work as social criticism against it being construed as entertainment. They will also look at the interest in encouraging social debate against the copyright owner's right. If the work is more on the "entertainment" end of the spectrum, then the defense is more likely to fail.
From Legalzoom. Couldn't post the rest...too long I think.
Okay, Etsy shut you down... Something caused it, whether you feel it was your fault or not. At this moment in your life you can keep doing what got you here or change things and START OVER! If you no longer have an Etsy shop it's not the end of your business. However, if you are using Copyrighted material and keep using it no matter where you go it (the material you use, not the company/person who catches you) will shut you down. Looking for a NEW START! Then this is the site for you! Looking for another place to list your items, then this is another GREAT place to be. It's FREE to list!
I feel for you and you are one of many to have problems with etsy after being very successful on there network. This seems to be a normal problem sellers have there.
Best thing is to keep this positive, in selling there you did still learn things that you can take into the future on your own being independent as you really should be. Your the boss of your business, You should run your own show so to speak.
Yes, being on there platform you where exposed to a lot of traffic and made a lot of sales and from experience i have been there and done that.
You get removed and all the sudden no sales no money and your heart breaks because you, are your business.
So what's next the real work starts. You have to build your own traffic.
Remember you already have a customer data base there.
Good luck on the real start of your success and maybe read the power of broke by Daymond John, it comes in auto books at amazon also.
I will route for your success. Get Empowered!
This is all so familar to me because etsy closed my shop to for a bogus reason!
I not sure what I'm doing wrong or if its just a waiting game. I have had only 4 sales since my website launch. I market on instagram and facebook. I have spent way too much money on facebook and instagram ads. Before I launched my site , I had an etsy shop that was really doing well. I wanted to open my own website to generate income from both by selling more products on my shopift website. I was literally almost making a little over $2000 a week from my etsy shop. I have been on etsy for 1 year and was doing really well with traffic, instagram marketing and sells. I had my site but, it was still not gerating any income. I was sitting on my site not doing much unil I was force to reallly focus on my shopify. I always wanted my shopify, howver I was just letting it sit because all of my income was coming from etsy. Then all of a sudden in July etsy closes my shop without warning. I was so hurt because after closing my shop etsy customer service agents became rude. I was told that they can close a shop permentaly without explantation. They are also holding funds that was still in my shop payment account until 1/2018 which beyond ridiculous. I got so comfortable selling on etsy, helping them generate money through sales, my insagram and facebook traffic and seller fees that I was not focus on my own baby. MY SHOPIFY ACCOUNT. Its like I'm starting my business over from the ground up. After etsy I became a stay at home mommy selling my handmade accessories, jewelry and clothing. With thee success of etsy it became my only form of incom. I still sell the same items however, I branch into adding more items to my brand by incorpoaring more trendy items to my website. I can not market and buy instagram and facebook ads like I did a couple of months ago. Etsy is a much different platform so I'm still learning. I love my shopify because I'm free without being micromanage by a middle man. I;'m also not helping a huge platfrom like etsy continue to get rich off of my hard work. I just want my shopify to work. It will be awesome If anyone can help and tell me what more I can do for my site.
Ok i could write you a book to any and all of you that got shut down by etsy because so did I a few years ago. BEST THING THAT EVER HAPPENED TO ME!
I am really busy right now but my first best advice is no matter what anyone on etsy tells you, or anyone anywhere tells you, the sales you have where yours, you earned them! You go to all your sales list right now and start grabbing all those emails and keep them. I grabbed all mine and and kept them and emailed all those customers and let them know where I went! Send them right to your website with a cute little email, I did it one by one everyday till I was done and yes it kick started me off!
Etsy will ban and stop anyone who does well the minute your making to much money and getting to popular, your soon to be gone! They will give you all kinds of nonsense reasons and once they have started picking on you it will never stop, even if they allow your shop back up as they did mine a few times and others. They also do pick and choose and discrimination is something they do to people.
You need to move on, get independent, take your customers with you and forget ETSY! They where a great learning experience but there not your future!
ETSY wants smaller sellers and they like them small there not into making you famous it's not there goal.
I was making well over a 1000 a day there for many many months and then the trouble started.
You can do this so get tough and get started!
Think of this as a fight for your business and turn this into your business success. I will be cheering for you! All of you!
Please ignore and reject all negativity, you don't deserve it. If you made or make mistakes along the way that's ok it helps you grow and get better! Mistakes make you better and stronger!