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"Etsy" plans as download - license, restrictions?

Law Asked on December 5, 2021

“Etsy” is an online platform designed to allow individuals to sell models via a standardized platform.

Some sellers off downloadable files, containing plans to recreate those models. Example, rubber band gun

“Etsy” doesn’t seem to specify which license those files are distrubuted under, and no “shop policies” are specified.

What would I be allowed to do with those plans, and the models I may choose to build myself?

While immoral, what may prevent me from reuploading the same and monetizing them? Would I even have to provide attribution?

2 Answers

It's up to the seller to specify the license the buyer acquires the model. Very common in those licenses is "no resale of the model" as well as "no sale of derivative works of the model." Derivate means by the was both altered as well as acessory to an item. Some have also express terms for selling manufactures of the model.

By downloading the files the buyer then is bound to the licensing agreement and has to abide to them or be liable for willful copyright infringement. Mentioning the source you had only shields you if you have express permission via license from the owner - but claiming you would have a license when you have not might put you into extra hot water for misrepresentation!

By reuploading the files you break that no resale part of the license, in addition to possibly breaching your contact with Etsy as established in their ToS.

Answered by Trish on December 5, 2021

Etsy has a terms of service. It's pretty clear you would break those rules by selling the same thing someone else is on a site for homemade goods.

As for the models you build, obviously the same rules that apply to any models apply to yours. You can sell them or keep them or do whatever you would like.

Answered by Putvi on December 5, 2021

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