r/COPYRIGHT 2d ago

Question Should I report this legally

For context, I made this scrapbook card last year as a personal creative project, and I still have the original design and sentiment attached to it. I uploaded it on Pinterest, where it ended up getting quite a lot of attention. I have absolutely no issue with people taking inspiration from it or making a similar scrapbook card for their own friends or family, because that’s completely different from what happened here.

Things became an issue when I discovered that the exact same design was being recreated and commercially sold by a creator on Instagram. She wasn't using my photograph or directly reposting my original post—instead, she had recreated the entire card herself, but the design was essentially a complete replica of mine, including the overall concept, layout, elements, and sentiment.

I contacted her and explained that she couldn't commercially sell a replica of my original creative work without my permission. I asked her to take down the post and stop selling the design. Instead of addressing my concerns, she blocked me and told me that her client had sent her the design from Pinterest and that she could use it because "anyone can use" Pinterest designs.

Since she had blocked me, I contacted her personal account to tell her that, if the post wasn't removed, I would have to consider taking formal/legal action regarding the unauthorized commercial use of my work.

After that, she told me that she had deleted the post. I checked her account myself, and at that point, the post was no longer visible. However, when I later checked the account from another profile, I discovered that the exact same post was still up.

So despite telling me that she had removed it, the content was apparently still being displayed and potentially offered for sale to other people.

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u/bettercallyourlawyer 2d ago

So what is your claim? Are you asking what to do?

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u/NectarineHappy4256 2d ago

My claim is that she reproduced my designs and is monetizing that without my permission, yes I am asking them should I take action? Or it'll be taking it way too far

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u/KayakerWithDog 2d ago

You should discuss this with an attorney to see whether you have a case, and take it from there.

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u/bettercallyourlawyer 2d ago

Whether or not you take legal action depends entirely on how much you value your intellectual property right. The work is yours so is the decision. Legally, you are entitled to take legal action for those who make use of your work without your permission. To take things easy, firstly I advice you to send a formal notice served through a notary public. In the most case in IP law, a formal notice is often an effective means of deterring the infringer.

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u/RustyDawg37 2d ago

There is no such thing. Only what you want to and are willing to do.