Intellectual Property
At , our priority is providing services that best support sellers in building successful e-commerce businesses. Part of our efforts involve informing our sellers about intellectual property and how to respect the rights of others.
This is very high-level information. Please note that the information we provide is not the same as legal advice – legal advice is the application of law to an individual’s specific circumstances. Also, we are not lawyers. If you are unsure of whether or not your business is compliant with IP laws, it is your responsibility to consult an attorney.
What is Intellectual Property (“IP”)?
Intellectual Property is a type of intangible property that relates to invention or creation. Elements such as design, description, shop name, and logo can be considered intellectual property. The law protects IP in a variety of ways. For example, an inventor can get patent rights on a novel invention, a business might get trademark rights over its name and logo, and an artist is entitled to a copyright on his or her original painting. Here are two ways IP is relevant to a seller’s business:- A seller is alleged to be copying, modifying, reproducing and/or distributing someone else’s IP, either in whole or in part (i.e. the seller is alleged to be “infringing” someone else’s IP). The owner of the IP may take legal action against the seller and, if a court finds that the allegations are true (no matter whether the infringement was intentional or unintentional), the owner may be entitled to money damages or injunctive relief (for example, a court order prohibiting the seller from selling certain designs).
- A seller thinks someone else is violating his or her IP rights. If it turns out to be an infringement, then whether the infringement is intentional or not, it means the seller’s rights have been violated and the seller’s business could be negatively impacted. The seller may take legal action against the infringer and may be entitled to money damages and/or injunctive relief.
This is very high-level information. Please note that the information we provide is not the same as legal advice – legal advice is the application of law to an individual’s specific circumstances. Also, we are not lawyers. If you are unsure of whether or not your business is compliant with IP laws, it is your responsibility to consult an attorney.
What is a copyright?
Copyright is a type of protection given to authors of original works for exclusive control over the reproduction and distribution of their original work. It is important to note that copyright protects only the form of expression– not the underlying idea or subject matter. There is no copyright protection for ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries. For example, an artist could receive copyright protection over her photograph of a boat in a harbor – including her particular choices regarding colors, composition, and perspective, but could not receive a copyright for her idea of photographing the boat in the first place. Anyone copying her photo (for example, by putting it on a website or on printed flyers) could be liable for infringement, but someone independently photographing a similar boat in a similar harbor would not. Generally speaking, it is illegal to copy, modify, reproduce, or sell a copyrighted work that you do not own or have a license to.What is “fair use” of a copyright?
The “fair use” privilege is perhaps the most significant limitation on a copyright. At its foundation, fair use ensures that there are some uses of copyrighted material that otherwise would be considered infringement but that do not require permission or payment to the copyright owner. What can be deemed as fair use?- Criticism and comment: quoting or excerpting a work in a review or criticism to elaborate or comment.
- News reporting: summarizing an article with brief quotations in a news report.
- Research and scholarship: citing a short passage in a scholarly, scientific, or technical work.
- Non-profit educational uses: creating limited photocopies of written works for classroom use. Parody: imitating well-known work in a comical way.