As soon as I can get the rest of my listings moved over, I will only be selling on ArtFire. I followed the rules, faxed the things I was told to fax only to get told "Unfortunately,
since this is not a pure copyright claim, a copyright counter-notice is
not appropriate."
So, why did they keep telling me to file a counter notice??!! They knew it wasn't appropriate and they knew that they were not going to help me.
Obviously they know nothing about the law as they should, they are only worried about their "policies".
I will have my shop emptied as soon as I can get my tempermental mouse to start working correctly again.
Please feel free to visit my ArtFire studio and continue to follow my blog.
http://www.hairtiesgalorenmore.artfire.com/
http://www.hairtiesgalorenmore.blogspot.com/
Monday, September 21, 2009
Sunday, September 20, 2009
Prayer Request
Family, friends & followers,
I have a special request please if you don't mind. I have a friend that is in need of prayer. My friend is suffering from a very severe bout of depression and can use all the prayers they can get. I can't (won't) go into details, but please take a minute and say a prayer. Also feel free to send this along to anyone you wish. Thank you all!!
P.S. On another note, the counter notice was faxed out yesterday!! Now it's a waiting game. Just my luck LOL
www.hairtiesgalorenmore.etsy.com
www.hairtiesgalorenmore.artfire.com
www.hairtiesgalorenmore.blogspot.com
I have a special request please if you don't mind. I have a friend that is in need of prayer. My friend is suffering from a very severe bout of depression and can use all the prayers they can get. I can't (won't) go into details, but please take a minute and say a prayer. Also feel free to send this along to anyone you wish. Thank you all!!
P.S. On another note, the counter notice was faxed out yesterday!! Now it's a waiting game. Just my luck LOL
www.hairtiesgalorenmore.etsy.com
www.hairtiesgalorenmore.artfire.com
www.hairtiesgalorenmore.blogspot.com
Wednesday, September 16, 2009
Infringement notice post #3
So today is now Wednesday and I have emailed the letter to Mr Pan twice with no response from him. I am now in the process of filing a counter notice with the website that removed my product. I think it's pretty nasty that said website cannot and will not stand up for the little person. They have their "legal guidelines" and could care less about anything except making the almighty dollar. Well, I suggest they wake up, because when my friends and I are through turning everyone in for "infringement" on that website, they won't have much of a selling venue left. I was turned in by someone just for spite and I don't think that is fair either. (Guess maybe they are jealous of my work and my sales? LOL) Now I have to jump through hoops to try to get my item reinstated in my shop. The shop I have to pay money to list my products in. I'm sure the website isn't going to refund my listing fees either as menial as they are.
Anyway, counter notice is in the works but I'm sure everyone is going to drag their feet in getting the paperwork to the correct people. Who knows, this may just end up in court. I am willing to go that far. Like the letter said, "fabric is sold, not licenced". And I will make sure everyone knows it.
P.S. A counter notice is basically a dispute. My dispute is that they had no right to pull my product.
Anyway, counter notice is in the works but I'm sure everyone is going to drag their feet in getting the paperwork to the correct people. Who knows, this may just end up in court. I am willing to go that far. Like the letter said, "fabric is sold, not licenced". And I will make sure everyone knows it.
P.S. A counter notice is basically a dispute. My dispute is that they had no right to pull my product.
Friday, September 11, 2009
Infringement Notice 2
So, after some not so good attorney advice, I have made a new friend that is helping me. She has been thru this crap many a time and has a VERY informative website that y'all should visit. It's http://www.tabberone.com/. So I got a bit more calmed down with my new friends help and advice and sent a much more civilized letter to Mr Pan. It is as follows:
Mr Pan,
Licensed fabric means the fabric is licensed by the rights owner to be manufactured and sold. It does not mean the fabric is licensed at the time it is sold. A license on the use of the fabric requires the person buying it to agree, usually in writing, to conditions on the use of the fabric before paying for the fabric.
When someone releases fabric into the stream of commerce they effectively have relinquished control over the uses of that fabric.
While the pattern on the fabric may be copyrighted, the actual fabric itself is not. The pattern may include images of registered trademarks, such as the logo of the New York Yankees or a John Deere logo, etc. Licensed fabric means fabric that has been licensed by the rights owner to be manufactured and sold. It does not mean the fabric is being sold with a license. Disney licenses Springs Industries to manufacture, distribute and sell fabric that contain images of the Disney characters. That is where the term "licensed fabric" originates. For something to be sold with a license there has to be agreement between the seller and the buyer concerning the terms of the sale. Even though the selvage may make a statement that the fabric is for "non-commercial home use only", that "restriction" is not enforceable primarily because the purchaser does not have agree to the terms before purchase.
Copyright law applies to the use of licensed fabric in the application of the first sale doctrine. Bear in mind, the term "licensed fabric" legally only refers to the fact the manufacturer of the fabric has a license to use the images on the fabric. It does not mean the fabric is "licensed" to the purchaser. "Licensed" products require an agreement between the owner of the product and the potential purchaser. Fabric is not "licensed"; fabric is sold.
In Precious Moments vs La Infantil, 1997, the federal court invoked the first sale doctrine in denying Precious Moments attempts to block the use of its licensed fabrics. Since then, M&M/Mars, Disney Enterprises, Major League Baseball, United Media (Peanuts fabric), Sanrio (Hello Kitty fabrics), among others, have been sued when these companies tried to block the eBay sales of items hand-crafted from their licensed fabrics. Every one of them settled rather than risk losing the issue in court.
"The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its distribution."
Justice Stevens, delivering an opinion for a unanimous Supreme Court in the case QUALITY KING DISTRIBUTORS, INC. v. L'ANZA RESEARCH INT'L, INC. (96-1470), 98 F.3d 1109, reversed.
Copyright Law, Title 17 Chapter 1 §113(c), specifically states:
In the case of a work lawfully reproduced in useful articles that have been offered for sale or other distribution to the public, copyright does not include any right to prevent the making, distribution, or display of pictures or photographs of such articles in connection with advertisements or commentaries related to the distribution or display of such articles, or in connection with news reports.
Before you ask, my attorney agreed with everything that was brought up to him about the content of tabberone's website.
Mr Pan,
Licensed fabric means the fabric is licensed by the rights owner to be manufactured and sold. It does not mean the fabric is licensed at the time it is sold. A license on the use of the fabric requires the person buying it to agree, usually in writing, to conditions on the use of the fabric before paying for the fabric.
When someone releases fabric into the stream of commerce they effectively have relinquished control over the uses of that fabric.
While the pattern on the fabric may be copyrighted, the actual fabric itself is not. The pattern may include images of registered trademarks, such as the logo of the New York Yankees or a John Deere logo, etc. Licensed fabric means fabric that has been licensed by the rights owner to be manufactured and sold. It does not mean the fabric is being sold with a license. Disney licenses Springs Industries to manufacture, distribute and sell fabric that contain images of the Disney characters. That is where the term "licensed fabric" originates. For something to be sold with a license there has to be agreement between the seller and the buyer concerning the terms of the sale. Even though the selvage may make a statement that the fabric is for "non-commercial home use only", that "restriction" is not enforceable primarily because the purchaser does not have agree to the terms before purchase.
Copyright law applies to the use of licensed fabric in the application of the first sale doctrine. Bear in mind, the term "licensed fabric" legally only refers to the fact the manufacturer of the fabric has a license to use the images on the fabric. It does not mean the fabric is "licensed" to the purchaser. "Licensed" products require an agreement between the owner of the product and the potential purchaser. Fabric is not "licensed"; fabric is sold.
In Precious Moments vs La Infantil, 1997, the federal court invoked the first sale doctrine in denying Precious Moments attempts to block the use of its licensed fabrics. Since then, M&M/Mars, Disney Enterprises, Major League Baseball, United Media (Peanuts fabric), Sanrio (Hello Kitty fabrics), among others, have been sued when these companies tried to block the eBay sales of items hand-crafted from their licensed fabrics. Every one of them settled rather than risk losing the issue in court.
"The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its distribution."
Justice Stevens, delivering an opinion for a unanimous Supreme Court in the case QUALITY KING DISTRIBUTORS, INC. v. L'ANZA RESEARCH INT'L, INC. (96-1470), 98 F.3d 1109, reversed.
Copyright Law, Title 17 Chapter 1 §113(c), specifically states:
In the case of a work lawfully reproduced in useful articles that have been offered for sale or other distribution to the public, copyright does not include any right to prevent the making, distribution, or display of pictures or photographs of such articles in connection with advertisements or commentaries related to the distribution or display of such articles, or in connection with news reports.
Before you ask, my attorney agreed with everything that was brought up to him about the content of tabberone's website.
Thursday, September 10, 2009
Infringement Notice
Here is what happened:
1) A notice was received from Gregory Pan (gpan@marvel.com), Contracts Manager of Marvel Entertainment, Inc. According to the notice Marvel Entertainment, Inc., and its related subsidiaries, is the owner of the copyrights, trademarks and other intellectual property rights in the Spider-Man, Iron Man, X-Men, Captain America, Avengers, Fantastic Four and Hulk characters as well as over 5,000 other popular characters. According to the notice certain material is not authorized.
2) The notice drew attention to 1 listing(s) in my shop.
3) The letter stated that these listing(s) incorporate designs or symbols or language or images or photographs that infringe upon the concerned party's copyright or other intellectual property right.
4) The listing(s)was removed.
Here is my response to Mr. Pan:
Dear Mr. Pan,
I do find this quite humorous as I HAVE already spoken with a lawyer about this such issue. I was told " As long as I am not making a living from the things I make with the fabric or making millions with the fabric, I CAN DO WITH IT WHAT I WANT." I bought and paid for the fabric, it is MINE to do with what I wish. I do wish however that I were making millions, then I wouldn't have to resort to justifying myself or my products. I WILL contact my lawyer again tomorrow and I will see if things have changed in a year, which I'm sure they haven't.
What exactly are we supposed to do with the fabric after we purchase it? Do you not think it is advertising for you? You got your money when I bought the fabric.
Do you really think I am going to get rich at $2.50 a bag? IF I am lucky, I might sell 1 bag a month. I can't even tell you how old the fabric is. I cannot believe you don't have better things to do than to pick on people who are just trying to make a couple of extra dollars, especially now days!!
I would also be very interested in seeing this list of over 5,000 characters that you "have rights" to.
I cannot wait to copy all of this nonsense and put it on my blog.
What exactly am I infringing on? Please do tell.
I want to thank whoever turned me in as you are just making my point very clear. When something is purchased it is YOURS to do with what you want. Is George Foreman going to come after me because I am selling his grill on Craigslist? I think not. George already got HIS money when the grill was purchased from Wal Mart. Stephen King could care less if I buy or sell his books at my garage sale or on Amazon as they are MY property to do with what I choose.
Again, I am NOT going to lay down and take this. I will be calling my attorney in the morning as these are the kinds of things he is getting paid for. Yet I am accused of just stirring up trouble to "take on the big companies". BITE ME, I DID NOT START THIS!
As for the Negative Nellie that I KNOW will HAVE to put their 2 cents worth in here, go ahead, I have decided I am NOT wasting any more of my time justifying myself to you. I will no longer acknowledge your posts, as a matter of fact, I will be deleting them as soon as they come in. Why don't you waste your time by turning in the thousands of others that are "infringing" that should make you feel just fabulous!!
1) A notice was received from Gregory Pan (gpan@marvel.com), Contracts Manager of Marvel Entertainment, Inc. According to the notice Marvel Entertainment, Inc., and its related subsidiaries, is the owner of the copyrights, trademarks and other intellectual property rights in the Spider-Man, Iron Man, X-Men, Captain America, Avengers, Fantastic Four and Hulk characters as well as over 5,000 other popular characters. According to the notice certain material is not authorized.
2) The notice drew attention to 1 listing(s) in my shop.
3) The letter stated that these listing(s) incorporate designs or symbols or language or images or photographs that infringe upon the concerned party's copyright or other intellectual property right.
4) The listing(s)was removed.
Here is my response to Mr. Pan:
Dear Mr. Pan,
I do find this quite humorous as I HAVE already spoken with a lawyer about this such issue. I was told " As long as I am not making a living from the things I make with the fabric or making millions with the fabric, I CAN DO WITH IT WHAT I WANT." I bought and paid for the fabric, it is MINE to do with what I wish. I do wish however that I were making millions, then I wouldn't have to resort to justifying myself or my products. I WILL contact my lawyer again tomorrow and I will see if things have changed in a year, which I'm sure they haven't.
What exactly are we supposed to do with the fabric after we purchase it? Do you not think it is advertising for you? You got your money when I bought the fabric.
Do you really think I am going to get rich at $2.50 a bag? IF I am lucky, I might sell 1 bag a month. I can't even tell you how old the fabric is. I cannot believe you don't have better things to do than to pick on people who are just trying to make a couple of extra dollars, especially now days!!
I would also be very interested in seeing this list of over 5,000 characters that you "have rights" to.
I cannot wait to copy all of this nonsense and put it on my blog.
What exactly am I infringing on? Please do tell.
I want to thank whoever turned me in as you are just making my point very clear. When something is purchased it is YOURS to do with what you want. Is George Foreman going to come after me because I am selling his grill on Craigslist? I think not. George already got HIS money when the grill was purchased from Wal Mart. Stephen King could care less if I buy or sell his books at my garage sale or on Amazon as they are MY property to do with what I choose.
Again, I am NOT going to lay down and take this. I will be calling my attorney in the morning as these are the kinds of things he is getting paid for. Yet I am accused of just stirring up trouble to "take on the big companies". BITE ME, I DID NOT START THIS!
As for the Negative Nellie that I KNOW will HAVE to put their 2 cents worth in here, go ahead, I have decided I am NOT wasting any more of my time justifying myself to you. I will no longer acknowledge your posts, as a matter of fact, I will be deleting them as soon as they come in. Why don't you waste your time by turning in the thousands of others that are "infringing" that should make you feel just fabulous!!
Subscribe to:
Posts (Atom)
