An Australian small business owner and graphic designer has claimed online shopping giant Temu sold her designs without permission.
Lauren Sissons designs cards, art prints, notepads and other stationery items for her business, Lauren Sissons Studio. Based in Queensland on the Sunshine Coast, Ms Sissons has gained popularity nationally as well as across the globe for her designs. Despite her profile, she was shocked to find copies of her designs being advertised on Chinese-owned shopping giant Temu.
'It came to my attention a few months ago when I was actually on Pinterest, and I saw an ad of one of my greeting cards that I knew wasn't my mock-up,' she told A Current Affair.
'I clicked through and it took me to Temu.'
Ms Sissons alerted Temu, but claimed she was initally told by the online shopping giant that they would not remove the ads that showed her greeting card design.
'I went back, uploaded screenshots of my artwork, I provided photos of it physically in my hand,' she said.
'Eventually they came back a few days later and informed me that they'd removed that listing.'
However, within a few weeks Temu had allegedly listed another item identical to one of Ms Sissons'. Her $25 alphabet print was reportedly available on the site for $4.99, with Ms Sisson claiming Temu is 'exploiting' artists.
'It feels like someone's been looking at your work in an opportunist way, almost like they're shopping for which design of mine is going to be the most profitable for them,' Ms Sissons said.
'It's just that feeling of I'm one individual, I'm one artist, against a huge, huge system.
'I believe it's a platform built on exploiting those artists and individuals and small businesses.'
Lawyer Richard Mitri told A Current Affair that artists are virtually powerless if they find themselves in Ms Sissons' position, needing to go to China to attempt to stop it. As a result, Mr Mitri said big platforms such as Temu 'know they can keep doing it almost with impunity'. He also noted that they sell the products for '1/100th, if not less of the value of what they're worth to the person in Australia'.
In a statement to A Current Affair, Temu said there are 'strict policies against sellers who violate intellectual property rights'.
'For repeat offenders or those who act in bad faith, we may impose multiple penalties, including permanently banning them from the platform,' a Temu spokesperson told A Current Affair.
'We also maintain a blocklist to prevent problematic sellers from returning under a different name.'
Temu's Response to Allegations
Temu responded to the allegations, stating that they have “strict policies against sellers who violate intellectual property rights” and that they take immediate action when reports of intellectual property infringement are received. Temu claims that they have a robust onboarding process for sellers, conduct spot checks of listings and have even created a dedicated IP protection portal for rights holders to report issues. Temu said that “For repeat offenders or those who act in bad faith, we may impose multiple penalties, including permanently banning them from the platform.” They also said they maintain a blocklist to prevent problematic sellers from returning under a different name.
Artists' Frustrations
However, Australian artists like Lauren Sissons, Kelsie Cosmic, and Claire Macmenemey say that Temu's response is not enough. They claim that The platform is turning a blind eye to the exploitation of artists and small businesses.
Kelsie Cosmic, a fellow artist, discovered her art had been turned into clothing and blankets and sold on Temu over 16,000 times. “These blankets cost me $60 to make, excluding shipping and GST, and they're over here selling them for $14,” Cosmic said in an Instagram video. “It's just so hard to compete with a company like that.”
Claire Macmenemey, who runs the Back My Stitch Up design small business where she sells seamless patterns for children's clothing on Etsy, discovered that a retailer on Temu had sold her design nearly 300 times. She said online that “When I actually looked on the website to find my designs that were selling on there, the amount of designs that are on there are absolutely shocking.”
The Legal Challenge
Lawyer Richard Mitri argues that Temu has the power to stop the exploitation, but chooses not to. He claims that the platform is facilitating the infringement of copyright laws and that it is responsible for policing its sellers. “It's Temu who is facilitating what is going on here,” Mitri said. “They have the power to stop what's going on by stopping sellers selling on their marketplace where their sellers are breaching the law.”
The Future of Art in the Digital Age
As more and more artists and small businesses are relying on online platforms to sell their work, the issue of copyright infringement is becoming increasingly prevalent. Temu is not the only platform where this is happening. The rise of fast-fashion and digital marketplaces has made it easier than ever for companies to copy designs and sell them at a fraction of the price. This has created a major challenge for artists who are struggling to protect their work and make a living. The battle for the future of art in the digital age is just beginning.
