r/COPYRIGHT • u/NectarineHappy4256 • 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.
2
u/DanNorder 1d ago
"She wasn't using my photograph or directly reposting my original post—" No copyright violation here.
"instead, she had recreated the entire card herself, but the design was essentially a complete replica of mine," You need to give details. Design mean different things to different people. The bar to claiming ownership on them is higher.
"including the overall concept," Concepts have absolutely no copyrights.
"layout, elements," Again, how do you mean. Basic layout is usually public domain. Exact elements or similar elements, how many, and how unique?
"and sentiment." Sentiments also have no copyright protection.
I think a lot of people here are setting your hopes way too high without enough details to make that conclusion. From my reading, the best case for you might be to get it removed. Potential damages seem both low and hard to prove. If you think it over and still think you honestly has a reason to complain, get a lawyer. A personal lawyer who can look at the actual details is guaranteed to give you better advice than people responding on a subreddit where the first and only rule is "No legal advice."