At ZART, we cherish and value the originality of every creator's work, but we also want our sellers to be aware of some basic intellectual property laws to avoid unnecessary legal risks. For example, selling knitted items featuring characters like Pikachu or Mickey Mouse might constitute copyright infringement.

Copyright and Trademarks: What You Need to Know

1. Copyright Protection
Pikachu and Mickey Mouse are characters owned by Nintendo and Disney, respectively, and are protected by copyright. Without the copyright holder's permission, creating, reproducing, or selling derivative works of these characters can infringe on their copyrights, leading to legal disputes.

2. Trademark Protection
Not only are the characters themselves protected, but their names and images are also often trademarked. Trademark law is designed to protect brand identifiers and prevent others from using these marks on goods or services without authorization. Therefore, selling items featuring these characters without permission could also constitute trademark infringement.

3. Licensing of Derivative Works
Even if you create these items by hand, if they are associated with copyrighted or trademarked characters, you still need to obtain authorization from the rights holders. Fair use defenses generally apply to non-commercial, educational, or commentary uses, not to products intended for sale.

Can You Sell Products Made from Purchased Patterns?

During the creative process, many artisans purchase patterns or templates as references to create their own products. However, whether these products can be sold commercially depends on the following factors:

1. Licensing Agreement Restrictions
When you purchase a pattern, it typically comes with a usage license. This agreement specifies how you can use the pattern. For example, some patterns may be limited to personal or non-commercial use, meaning you can create personal items but cannot sell them.

2. Commercial Sale Permissions
Some pattern designers offer licenses that allow you to use their designs to create and sell products. This type of license often comes with additional fees and may include conditions such as crediting the designer or citing the source of the design when selling the items. Always read the licensing agreement carefully before purchasing to ensure your intended use is lawful.

3. Avoid Infringing on the Designer’s Copyright
Even if you legally own a copy of the pattern, selling products made from it without authorization may still infringe on the designer’s copyright. Therefore, understanding and adhering to the licensing agreement is crucial.

4. Creating Original Designs Independent of the Pattern
To avoid potential legal risks, the best approach is to draw inspiration from the pattern and then create your own original designs. This not only protects your work from infringement claims but also enhances the uniqueness of your brand.

Key Factors in Determining Infringement

For lesser-known characters, if you find multiple sellers offering similar items on the platform, consider these factors to determine if infringement might be involved:

• Originality: If a design is originally created by one seller, copying or mimicking that design without permission could be considered infringement.
• Public Domain or Generic Designs: Certain designs may belong to the public domain or are generic (such as simple geometric patterns or basic animal figures) and typically do not involve infringement. However, even public domain elements could be protected if they have been significantly modified or creatively expressed to form a unique design.

Protecting Your Creations

To protect your creations and avoid infringement, consider the following steps:

• Register Copyrights and Trademarks: Registering your designs as copyrights or trademarks ensures that your work is legally protected and that you have strong legal backing in case of infringement.
• Maintain Uniqueness: Avoid using existing well-known characters or design elements, and focus on developing your own style and distinctive features.
• Educate Yourself on Intellectual Property Laws: Understanding the basics of intellectual property law can help you avoid unnecessary legal risks during the creation and sale of your products.

ZART's Commitment

On the ZART platform, every seller agrees to and promises that their work is original when they register. We strive to ensure the uniqueness of the products, but as a platform, we are not a legal institution and may not always accurately determine the original creator. Therefore, we encourage sellers to report any potential infringement and refer to our Terms of Service to take legal action to protect their rights.

Supplementary Knowledge: How to Identify and Address Infringement

Comparing the Similarity of Works

• Total Concept and Feel Test
  Courts often use the "Total Concept and Feel Test" to assess the similarity between two works. Even if the details differ, if the works give the audience or users a similar overall impression, they may still be considered infringing.

• Substantial Similarity

  • Quantitative Analysis: Comparing specific elements of the works, such as shapes, colors, composition, poses, etc., to determine similarity.
  • Qualitative Analysis: If similar elements are core parts of the work, even if few in number, they may constitute substantial similarity.

• Access and Copying Presumption
  If the plaintiff can prove that the defendant had access to the original work and the similarity between the two is very high, the court usually presumes that the defendant copied it.

• Ordinary Observer Test
  Consider whether a "reasonable ordinary observer" would perceive the two works as similar and potentially confusing.

• Filtration, Comparison, and Selection Test
  The court filters out unprotected elements, compares the protected parts, and determines whether substantial similarity exists.

• Qualitative Similarity and Independent Creation Defense
  If the defendant can prove that they independently created the work, even if it is similar, it may not be considered infringing.

Practical Advice: How to Protect Your Creations

• Register Copyrights and Trademarks
  Registering your designs as copyrights or trademarks can protect your work and provide legal support in case of infringement.

• Maintain Uniqueness
  Avoid using well-known characters or other people's design elements, and focus on developing your own unique style and features.

• Educate Yourself on Intellectual Property Laws
  Understanding intellectual property law basics helps you avoid legal risks in creating and selling your products.

By combining this legal knowledge with practical tips, you will be better positioned to protect your creative work, avoid infringement risks, and build a secure and sustainable environment for your creations on the ZART platform.