Alert Etsy seller Trollflings noticed today that some of her images were being used on www.polyvore.com, a website which allows users to upload photographs and create sets or collages of images.

Trollflings discovered 50 pages of images from Etsy shops uploaded by Polyvore’s membership, and started this thread about the issue. It quickly became apparent that very few, if any, Etsy sellers were aware their images were being used on the site, let alone had given permission.

Under Title 17, Chapter 1:106 of the U.S. Copyright Act, “Exclusive Rights in Copyrighted Work” it states:

Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

Some of the pages with images from Etsy sellers found on Polyvore contain a link that simply says “etsy.com” that links back to the item listing on Etsy. Some pages contain no such links. No pages give written credit to the owner of the work or Etsy shop name. Some images from Etsy sellers have been altered, clipped, or otherwise used by Polyvore members to make collages, which were then posted on Polyvore as works by Polyvore members. Polyvore provides a graphics application on their site which allows people to make alterations to image they have uploaded.

Additionally, some images from Etsy users that had watermarks or copyright notices on them were found to have been tampered with to removed the watermark or copyright notice.

Under Title 17, Chapter 5:506, “Criminal Offenses” of the U.S. Copyright Code, it states:

(a) Criminal Infringement.—
…
(d) Fraudulent Removal of Copyright Notice.— Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500.

In Polyvore’s Terms of Service, they state: [bolding is mine]

User Submissions

1. The Polyvore Website may now or in the future permit the submission of photo or other content submitted by you and other users (”User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Polyvore does not guarantee any confidentiality with respect to any submissions.

2.You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Polyvore to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

3. Polyvore does not claim ownership of User Submissions. However, with respect to User Submissions or content you make available for inclusion on publicly accessible areas of the Service, you grant Polyvore worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Service in connection with the Polyvore Website and Polyvore’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Polyvore Website (and derivative works thereof) in any media formats and through any media channels. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Polyvore removes such Content from the Service.

4. In connection with User Submissions, you further agree that you will not:
submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Polyvore all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Polyvore or any third party;
submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
post advertisements or solicitations of business;
impersonate another person.

5. Polyvore does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Polyvore expressly disclaims any and all liability in connection with User Submissions. Polyvore does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Polyvore will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Polyvore reserves the right to remove Content and User Submissions without prior notice. Polyvore will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Polyvore also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Polyvore may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

6. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
The images referenced, made accessible or made available to you on these pages or by means of the Polyvore Service are protected by the copyright and trademark laws of the United States and other countries. You may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site, not Polyvore. Polyvore cannot give you authorization to use the copyrighted images. We cannot guarantee that the Polyvore Service will not locate unintended or objectionable content and Polyvore accepts no responsibility or liability for the content of any site included in any Polyvore item or set, or otherwise linked to by the Polyvore services, or for your use of such content. Polyvore reserves the right to remove any pictures or content without notice to you, any other user, or any third party.

We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
A description of the copyrighted work claimed to have been infringed;
A description of the infringing material and information reasonably sufficient to permit Polyvore to locate the material;
Your contact information, including your address, telephone number, and email;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Claims can be emailed to copyright@polyvore.com

7. You understand that when using the Polyvore Website, you will be exposed to User Submissions from a variety of sources, and that Polyvore is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Polyvore with respect thereto, and agree to indemnify and hold Polyvore, its Owners/Operators, affiliates, and/or licensers, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

In this thread on the issue started by Kateblack, a representative from Polyvore has invited any Etsy seller who does not want their image used on the Polyvore website to contact them and request removal.

At the time of this article publication, Polyvore has removed some of the illegally used images.

We at UEN respect the rights of artists to control how and where their images are used, and encourage our readers to investigate Polyvore’s use of images for themselves.

 [ed. by KateBlack at 11:14am, January 28, 2008. There’s been an interesting revelation from GreenMamba on the Etsy forums. While individual images have been removed, many collages remain which still contain those individual images. If you thought your work was removed from Polyvore, it may still be there. Artists with violated copyrights will have to contact Polyvore about each individual collage which contained their work. ]