[amayausers] Re: Lord of the rings - My experience
- From: "Roland R. Irish III" <signman@xxxxxxxxxxxxxxxxxxx>
- To: <amayausers@xxxxxxxxxxxxx>
- Date: Mon, 18 Jul 2005 16:25:45 -0400
Jeff, you are right-it does depend on the copyright 'licensee' as to what
they will do...but to chase down someone for making a one time shirt for a
'true fan' isn't going to happen-check out the lines of these 'hard core
fan's in front of any convention-they are there to 'show off' their
dedication and it helps the 'movie' or whatever....so they aren't going to
sue someone that had 'one' shirt done for themselves. Saw a bunch of this on
the news yesterday while down in Connecticut-there was an 'animay' (phonetic
spelling-its that cartoon video game stuff the kids are into now) convention
and there was the craziest outfits running around. One kid spitting image of
'edward scissorhands'-a character for sure copyrighted.
There is a real 'gray' area-it is semantics for lawyers that have nothing
but time on their hands to interpret to suit themselves. My lawyer is good
in this field-that's how I still marketed the 'can wraps'....
but the big 'definition' is whether you are 'marketing' the copyrighted
logo-or if you have been asked to produce an item for a direct end user-and
not representing it, or your service, as 'that' product or company.
You have to decide if you are 'marketing' a copyrighted image, or if the
CUSTOMER is marketing it-or if it is for END USER only.
Like I said, I'd do it in a minute-because I've been there, done that...and
read the law and listened to my lawyer, and also have the definition of
using copyright logos through the Ad Specialty Institute (ASI). Which, just
by saying their name and spelling it out here-is USING A COPYRIGHTED
LOGO...but in the context I used it, totally legal.
But if I PUT that ASI lettering and/or logo on my website or
letterheads-that violates the copyright because I am no longer a member.
Gray area, but look what the ex president did with the explanation of a
simple word.....lawyers are STILL having a field day with that one!
And for those that don't believe that 'vultures' are on these sites just
waiting to pick you off for something-BELIEVE IT! I have a legal notice from
a big engraver mfg. in my files-ordering me to cease and desist from making
derogatory remarks about their equipment ON LINE in a PUBLIC FORUM....
which my lawyer had no problem replying to THEM...about the FIRST AMENDMENT
and also the fact that I had a half inch thick of THEIR paperwork
documenting every complaint I had posted! Never heard from them again....but
the 'magazine' that hosted the site was pressured into banning MY computer
ID from posting on that site again.....again, violating my free speech.
Took some talking to their editor to get him to see the light....his 'board'
felt that the 'paid advertiser' had the right to dictate public discussion!
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