Groups: Member
Joined: 2/4/2008
Posts: 99
|
|
|
 
Groups: ProSeller
Joined: 4/15/2008
Posts: 621
|
Very interesting - thanks for posting.
|
|
Groups: Member
Joined: 6/14/2009
Posts: 932
|
Funny thing is I never would have had a clue what "Twilight" was if I hadn't seen it mentioned here. Not that I'm going to go see the movies or anything, but they're as likely to be shooting themselves in the foot as not.
|
|
Groups: Member
Joined: 5/11/2009
Posts: 172
|
I wonder how many of the people who created the designs will contribute to the legal costs.
|
|
Groups: Member
Joined: 6/13/2008
Posts: 965
Location: North of there
|
Although Summit entertainment has gone way overboard with what they consider to be infringement in this circumstance, this should be used as a benchmark warning to all shopkeepers to keep their hands clean and stop using Google image search as a personal clip-art pool.
If this sort of thing continues, we can all kiss our shops goodbye.
When the mall disappears, so do the shops within.
|
|
Groups: Member
Joined: 6/14/2009
Posts: 932
|
From what I've seen in the marketplace as far as "Twilight" is concerned it's not so much stolen images as it is trademark type issues using text that obviously refers to the movie. I'm surprised they have the "team" stuff trademarked, but if so, there have been plenty of violations of that in the past here.
If Zazzle can show that they never actually printed and sold any Twilight products they may just end up with a judgment of $0.00 awarded.
|
|
Groups: ProSeller
Joined: 10/19/2007
Posts: 1,635
|
iloveyourshirt wrote:http://www.appscout.com/2009/10/zazzlecom_sued_for_infringemen.php
I'm not sure if this post will be taken down. How ridiculous and frivolous on the part of Summit! The article says Zazzle did not "respond"?!? That is simply NOT true! Zazzle HAS responded in the past by removing all relevant content. At one point they even removed the NAME "Bella" no matter WHAT it appeared on! Believe me, I KNOW this because I have an entire line of "The Adventures of Bella the Labradoodle". The products depict Bella (the Labradoodle, not the Twilight character) in various cities around the world (Ie: "Bella in Moscow", "Bella visits Mexico", etc). Because of this frivolous Summit cease & desist, Zazzle removed the word "Bella" from all of my produts (and everyone else's products too!) which made my whole line of products relatively ridiculous as they read " The Adventures of ..... the Labradoodle" and ".... in Moscow" and ".... visits Mexico". Zazzle was beyond careful when it came to this situation and should not be painted in such a negative light as they are in this article. Zazzle could have left my products but they wanted to remove all reference to the name Bella in their store so as to be overly careful (much to my chagrin, I might add - as I was NOT happy about having to alter all of my already existing products!!!) One need only to visit the "Adventures of Bella the Labradoodle" section of my store to know it had NOTHING to do with Twilight as there is no mention of the film or reference to it's characters AT ALL in the tags or descriptions. Maybe I can sue Summit for THEIR ridiculous actions 
|
|
Groups: ProSeller
Joined: 4/22/2007
Posts: 1,360
|
Not good.  Sending good thoughts your way Zazzle Marianne 
|
|
Groups: ProSeller
Joined: 3/17/2009
Posts: 1,028
|
|
|
Groups: Member
Joined: 4/25/2009
Posts: 93
|
Oh dear, oh dear, oh dear. I hope this resolves without Zazzle getting slapped for a large fine (or damages or whatever you call it). If Zazzle loses money, we may end up being the ones who pay for it, by losing our Volume Bonus, or having to pay shop fees, or whatever to make it up. I'd hate to see Zazzle go down the Cafe Press road. I'm not saying any of these things will happen. I just want everything to stay as it is - I'm happy here. Hope this all works out okay. Feelin' for ya, Zazzle. 
|
|
Groups: Member
Joined: 7/10/2008
Posts: 783
|
Oh, great. More bad news.
|
|
Groups: Member
Joined: 4/22/2009
Posts: 401
|
Is there no paragraph in the zazzle policies that zazzle is not responsible for things people design and put on products?
"team edward" and "new moon" should be both not trademarkable. all common words and new moon is an astronomical event that was there long before the book.
|
|
Groups: Member
Joined: 7/30/2007
Posts: 648
Location: Lake Norman Area
|
New Moon is also part of a book title written in 1923 which became a TV show back in the 90's ... Emily of New Moon
Don't see how Summit can lay claim to New Moon or even Twilight or the Team phrase. This is really getting out of hand.
|
|
Groups: ProSeller
Joined: 9/25/2007
Posts: 1,666
Location: Cardiff
|
You can also read the actual case file here http://www.courthousenews.com/2009/10/28/Twilight%20Swag.pdfWouldn't have thought there was much of a case there really. Zazzle simply provide a means for people to put designs on products display them on a Website and possibly sell them on products. Obviously if there is infringement whether it's deliberate or through ignorance. Or even by accident e.g trademarks differ in different territories, it's caused by users. In fact Zazzle doesn't even sell the designs, they licence them from the us the users and pay a royalty. The designs, although obviously we would consider them important simply decorate the products. There's also the aspect whilst there can be content guidelines or rules there's no way Zazzle could know the copyright or trademark status of every single design which users upload. And to some extent neither can the user, because some things which are perfectly legal to sell for example in the UK may infringe a trademark if sold in the US and visa versa. Which is an anomaly in the law caused by the fact the internet is a global marketplace and isn't governed by any single legal entity. Which is a political problem and beyond everyone's control until there's some more effective form of World government everyone can agree on. It might take an ET invasion  Well at least we could blame them for all Worlds ills rather than each other  But at the end of the day I don't see how Zazzle can he held responsible for providing a service which can in some cases potentially be misused, or cause infringement whether by intention or accidentally. Of course the vast majority of designs on Zazzle are perfectly fine and don't infringe anything. So it's not as if the service is inherently flawed as for example Napster was, because most of the things people sell on Zazzle are their own work or something which is perfectly legal to share and sell. So although infringement always gets a lot of press I dare say it's comparatively rare in the scheme of things. So to Summit up I wouldn't have thought there was much of a case and in fact the DMCA is designed to limit the liability of service providers. http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act
|
|
Groups: Member
Joined: 3/28/2009
Posts: 9
|
There are 15,900 items at the OTHER POD, many are "fan created", lots and lots of twlight items, check it out.
|
|
Groups: ProSeller
Joined: 3/15/2008
Posts: 1,960
|
762x54rnet wrote:Funny thing is I never would have had a clue what "Twilight" was if I hadn't seen it mentioned here. Neither would I - I do like fantasy books, but I´m more of a Tolkien-style fan. And the book series has a different title here in Germany. I only noticed them because of the hoo-ha about the copyrights ... gabelstories wrote:There are 15,900 items at the OTHER POD, many are "fan created", lots and lots of twlight items, check it out. That´s because CP has a deal with Summit, so you can create fan articles (with restrictions from Summit)there. I think in the future I stick to graphic designs with no text or my paintings   Hilly
|
|
Groups: Member
Joined: 2/27/2008
Posts: 786
|
What do you expect of vampires? Everybody knows they are bloody suckers!
|
|
Groups: Member
Joined: 9/21/2009
Posts: 18
|
this is just crazy.... everything is getting out of hand
|
|
Groups: Member
Joined: 2/5/2008
Posts: 446
|
Never seen it, never will.
|
|
Groups: ProSeller
Joined: 6/13/2008
Posts: 2,686
|
DogsOnly wrote:I wonder how many of the people who created the designs will contribute to the legal costs. Nil .. zero .. zilch .. nada .. none.. Don't think they really care either .. if they did they would of read the TOU's .. seriously I think they all should be called up and made to pay It's not as if Zazzle did nothing about it .. one store I know of that had twilight items had everything removed by zazzle .. they came back and reposted them all .. they knew what they were doing .. they are responsible .. and in using the site the user agreement does say "You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Zazzle nor any other party involved with the production of any product incorporating such Content assumes that responsibility. Zazzle's production of any product depicting your Content does not indicate that Zazzle approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content." oh and btw seen twilight .. yawn .. I'd of had more fun having my teeth pulled out without anesthetic
|
|
|
Guest |