An incorrect and irresponsible blog has been passed around the handmade community making a huge fuss recently, and as it didn't source any information I don't feel the need to link to her.  I've been asked by several other artisans, that know I just opened up a store at Amazon Handmade, and I have seen it posted over and over again in the artisan community.  Have also seen a lot of people go well that is it, I'm not listing there!(which if you don't want to that is your biz! but this shouldnt be a reason ..)   So I am writing this as an easy reference and a defense of Amazon Handmade, of why you are not understanding what is being shown to you(b/c folks like leaving out stuff) and why it really really should not concern you.

 

First off lets answer the general Q:  Am I concerned in any way that Amazon will rip off my designs and start making my exact products?  

NO, not even in the least bit.  I'm not even really worried that other lamp workers will rip off my designs and start making my products, they might make something Like but it wont be my stuff at that point.  Plus think about it, amazon's got a secret ninja artist team that's going to start making all of our handmade stuffs!  It just sounds tin foil hat silly, handmade takes time and skill and tons of practice to product something worth while. Give your art work and yourself more credit then that!   So what about something that Might actually be in the realm of possibility?  painters and their art prints. Or a photographer? 

The question is Now: If an artist putting up a listing of their painting can Amazon, start printing copies of that painting and selling it themselves?  Has that artist given up all rights to their work?   The answer is Still NO.    Why? We need to look at what Amazon is actually saying, and we have to filling in all the missing information that original blog ignored.

 

So Scary incomplete Quote!

" License: You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of Your Materials, and to sublicense the foregoing rights to our Affiliates and operators of Amazon Associated Properties. " 

Now for the rest of it....

; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Trademarks (provided you are unable to do so using standard functionality made available to you via the applicable Amazon Site or Service); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a license from you or your Affiliates under applicable law (important did you read that clause??  ) (e.g., fair use under United States copyright law, referential use under trademark law, or valid license from a third party)."

 Materials That sounds weird how is that defined? Is that everything in my shop!?

"Your Materials" means all Technology, Your Trademarks, Content, Your Product information, data, materials, and other items or information provided or made available by you or your Affiliates to Amazon or its Affiliates.

Finding this here...one may need to be a registered amazon seller to read it in full https://sellercentral.amazon.com/gp/help/help.html/ref=sc_hp_rel_1791?ie=UTF8&itemID=1791&language=en_US

So what are they saying?

First of all they aren't talking about Any goods. Not my glass, not your thrown mugs, not your paintings etc.  It's ONLY talking about Listing Photos...description...keywords entered. 

Your trademark copy rights are STILL in tack...as they will only use your photo in a legal non license way.  Printing copies of a painting or photos to sell is not legal.

Photos being the most used Now why would amazon want permission for that?  For stuff like this...

Those are the artist photos they are using to make their banner, and that gave them permission to do so.   The photos they used in the newsletters they sent out about amazon handmade?  This gave them permission to do that.  When(or if but I'm expecting them to) Advertise I expect them to use our product photos.  Plus it clearly says if they use your materials you can say please don't, and they will remove it.  So if the person who made the silver rings goes Oh no don't show my stuff!  They wont(IDK a reason why one would but its legally ok to do so)

Changing, they have to resize and recrop our listing photos they need permission to do this.

Is this weird? Unusual? No ones done that before!   No it's not unusual.

Here is is Etsys... "By posting Your Content, you grant Etsy a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Etsy, your Etsy shop, or the Services in general, in any formats and through any channels, including across any Etsy Services or third-party website or advertising medium." https://www.etsy.com/legal/terms-of-use/

Ebay https://go.developer.ebay.com/api-license-agreement

Artfire https://www.artfire.com/modules.php?name=help_center&op=details&id=69

 Amazon was asked about this....by Christine Musser of Merrikin designs

What they said...

 

 

This is no reason to Not sell on amazon and if it is to you....then there isn't anywhere too sell online really as even your own site you build and then plug into Google sales will have this.

At this point, I'm going to say. I am not a lawyer, I don't play one on TV and this isn't legal advise this is just my Sourced opinion of what we are looking at here.  Please no one reference me in a real court case or call me into testify.  ;)

 

As far as a Real review of amazon handmade for anyone thinking about it but haven't yet.   I don't have an answer ...It's been a whole 48 hours.  I didn't decide if I did or didn't like any platform after a whole two days!  No one does!  I'm not ready to write and comment on all that yet.   Will say Ive made sales, and that I will be adding more listings. Will say there are some things I am pleased with, something that need work and that I am hopeful this market will be a successful ave to sell some of my items on.

Now can we please stop sharing the inaccurate yellow jouranalism blog post maybe?

 

 

Comments

My email photo

Hi, that's my email to Amazon pictured. Okay if you to use me as source. Great article.

Great!

Thank you for contacting me was bothering me I didnt have it credited :) Editing now!

My email photo

Hi, that's my email to Amazon pictured. Okay if you to use me as source. Great article.

Halleluejah! A voice of

Halleluejah! A voice of reason.

My fingers have gotten tired of typing exactly what you so concisely said. I am dumbfounded at the amount of people that believe this crud and do no further research but on the upside if it scares them away it's one less seller to compete with lol...

thanks for the great post!

Scared to sell on Handmade

Scared to sell on Handmade because some blogger told you to be?

Fantastic. More buyers for me!

Breanna Rocks!

Breanna, thank you for posting this. Every social media and selling site where I've registered over the years has a very similar statement in their TOS or User Agreement or whatever they choose to call it.

I've left a comment (or two) on the other blog post -- the one you're replying to.

I agree with Renni. If others don't want to sell on H@A, how awesome is that? That leaves more buyers for MEEEE! :-)

LOL

Thank you Tana! : )

True that... but?

Are the selling fees really that expensive? Will sellers have to pay almost $40/month for an Amazon store? Just wondering because their regular sellers can choose to sell with or without a storefront. Anyone know?

Fees!

As of right now the fees are 12% of the total sale(price plus what you got in shipping)
So a 45.00 item with 7.00 shipping: costs me...
$6.24 in fees to amazon
$3.59 on etsy
$1.89 to sell it Here on my site.

A 25.00 item with 4.00 shipping
$4.12 in fees to amazon
$2.22 in fee to etsy
$1.14 in fees to sell it here

So it's relative, and the cheaper your items the higher the % your paying etsy and this is all assuming you list and sell it in the first 4 months. Im low right now but generally keep over 300 listing on etsy, 0.20 Adds up fast.

Really the cheapest I can do is sit here(and for the record 95% of my promotional stuff like Instagram, FB stuff I do I direct Here. Cause well I'd rather them pay here. I dont direct buyers to etsy any more havnt for a long time, and dont plan to on amazon either)
Some of the other platforms I have been on are Custommade costs 10%(which I choked on at first too, and its not tons of sales but tend to be large ones and worth my time. Plus I dont have an inventory there, more of a Heres what Ive made gallery) and KeepAmerica is 20%(dont suggest them for the record waste of time) Zibbet paid a yearly thing 60.00 I think never made a dime. How expense is that?

It might cost me 6.24 cents to make 46.00 on amazon but 46 dollars I didnt have before. No? Any sale is better then none. And it's a better deal then commission sales 30% is the best deal I got on that(not that that shop sells anything ever..ever) but 40% is what most are.
So the 12% is very relative and I dont have a huge problem with.

As far as the 40.00 a month for a premium seller account: that is pending until August 2016 Im going to wait and see, Im going to use up every single day of the free time we have been offered. If it preforms well enough I may not care, or I may decide its a bit to much. Just have to see how the numbers work out in the next few months. I am Hopeful that it will bring in more then enough to justify such.

Thanks for the break down

Thanks for the break down Breanna. I guess cost is all relative to success. Somewhere cheap is expensive if nothing sells and somewhere expensive is relatively cheap if you sell well. Appreciate the info.

For those who sell lower

For those who sell lower prices items on Amazon also have to note that there are minimum fees! The two categories I was looking into are at $1.60 & $2.00 minimum fees. I found this out because I was going to list some lower prices items that I can make quick and easy but when it popped up the minimum fees to confirm, I changed my mind.

Sure that was Handmade?

I'm confused by your comment as it was my understanding that the Min Fee was the same no matter where in Handmade our items fall into and that fee was 0.50 https://www.amazon.com/gp/help/customer/display.html/ref=hnd_lp?nodeId=2...

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