False Accusations of copyright violation

[parsonsj]

Hi,

I created an image that someone is claiming copyright infringement. I can PROVE that the image is my own artwork, yet PrintFection has put a hold on the items that use the image... THAT'S frustrating, since it implies I am GUILTY before the matter has been investigated.

I wish PrintFection had contacted me first before simply assuming that my accuser is right. This is analogous to someone pointing a finger at someone else and claiming that they were violated, and then locking up the accused without any attempt to discover the truth of the matter.

At any rate, I wonder how others here have dealt with this issue?

For me, if this is not resolved quickly, I will drop my PrintFection store entirely.

[rossnroller]

I feel for you, parsonsj, but to be honest, I would rather know that PF was willing to act promptly to protect copyright, even if that means some inconvenience for some people sometimes, such as in your case.

Ripping off is rife in the digital world. Until a better solution is found, I support companies such as PF taking a zero tolerance position until such time as it becomes clear who is in the right and who is not.

[Raw Tees]

Hi there parsonsj,

I wish you had been able to post and/or describe the image a little more thoroughly, and I could provide better advice. Nevertheless, copyright and trademark law is very complicated...moreso than I think you may understand.

Now, you say that your image was flagged for copyright infringement; in other words, someone claims that you either ripped off their image or you used part of a copywritten work. In the United States, you need to keep in mind that unless you register your artwork with the U.S. Copyright Office that your copyright rights are extremely limited. Technically speaking, the moment you create an original piece of artwork or literature, you own a copyright to that work; in practice, you have no legal recourse to protect your copyright until it is registered federally. The end result of that situation is this: if you don't file a copyright on your work, someone else could rip it off, register it as theirs, and then sue you for infringement. Yes, that stinks...but that's the way it works (although it really needs changed).

Oftentimes shopkeepers confuse copyrights with trademarks, and trademarks cause a LOT of images to be flagged. If you use text or images that are trademarked -- even as part of an "original" piece of artwork -- you can be sued for trademark infringement. These include company names, of course ("Microsoft," "Apple," "Walmart"), names of bands/musicians ("The Who," "The Beatles," "John Lennon"), names of movies, etc. In addition, this list also includes any other word or phrase registered with the US Patent and Trademark Office, including: "Caution," "Sweet Pea," and a host of other seemingly common phrases.

While this is extremely frustrating, it is important to remember that PF is acting to protect you. If you get taken to court over infringement, you will have to pay a fine based on how many infringing products you've sold; as a result, PF freezes sales on those products until you can prove that you have a right to use the image. This also protects PF, because they are just as liable legally as you are. In this regard, PF is no different than any of the other print-on-demand services out there...so it's something you'll just need to learn to live with.

If you're really serious about this situation, remember that you can always sue the person who issued the Cease and Desist order for lost sales, if it turns out that you have a right to use the image. A lot of times these C&Ds are issued with the expectation that the shopkeeper won't fight back, and images which are actually very legal do get pulled out of the marketplace...whether to pursue that course of action is entirely up to you.

[parsonsj]

My image? It was simply a listing of the letters of the Hebrew Alphabet, which I typed by hand using a font I purchased. Now unless you wish to argue with me that the script of classical Hebrew is itself under copyright, I consider your suggestion that I am unfamiliar with the niceties of copyright law to be somewhat moot....

Frankly, I am convinced that the person who complained is either an anti-Semite or perhaps an anti-Messianic Jew, and this is their way to attempt to dissuade my work.... At any rate, I am surprised by PF's default response. Did the copyright people even CONSIDER the content of my image? If so, they would have seen that it was simply the letters of the Hebrew Alphabet, nothing more. Why would they slap a restriction on me based on such nonsense?

Thanks Eric, but I don't think there's a case for copyrighting the letters of the Hebrew Alphabet!

[Raw Tees]

Hi parsonsj,

That sounds like an odd situation. You may want to try calling Printfection directly and see if they can give you a heads-up as to what exactly transpired here. Hope this works out for you!

[parsonsj]

Hi parsonsj,

That sounds like an odd situation. You may want to try calling Printfection directly and see if they can give you a heads-up as to what exactly transpired here. Hope this works out for you!

Thanks Raw Tess.

PF emailed me. It seems that the wife of some attorney in NY that makes some Jewish games and things for kids (under the name 'Toychest Interactive Products, Inc.') is behind all this, and she apparently got her husband after me to protect her supposed interest.

This according to PF: " Toychest is the registred trademark and copyright owner of the well-known "Alphabet Kids" name and logo." Well-known? I've never heard of them until today, and even after poking around the net to find out more about them, I still don't see what they do -- especially as it relates to the UNIQUE IMAGE that I created....

Bottom line: The image I created has NOTHING to do with their logo, trademark, or other things, and these people used legal tactics to attempt to scare me (and PF). Sheesh. An attorney makes one phone call everyone lines up to kiss his tuchus... Sadly, this is the state of the world we live in.

[rossnroller]

God, I detest lawyers (in general). I hope these bullies aren't able to get away with intimidation like this, but wigs know most people are frightened of them and exploit this like any bully. And frightened of what? They're not brighter than the rest of us, whatever they fondly think of themselves.

They trade on people's ignorance of the ridiculously complex legal system and the terminology it uses, which sounds all very complicated and beyond the comprehension of mere mortals but is, in the end, just terminology. Unfortunately, it provides legal tyrants with a smokescreen to hid behind and perform their malevolent magic tricks, and brings them in ludicrous incomes. A truly despicable profession, in many aspects.

[parsonsj]

God, I detest lawyers (in general). I hope these bullies aren't able to get away with intimidation like this, but wigs know most people are frightened of them and exploit this like any bully. And frightened of what? They're not brighter than the rest of us, whatever they fondly think of themselves.

They trade on people's ignorance of the ridiculously complex legal system and the terminology it uses, which sounds all very complicated and beyond the comprehension of mere mortals but is, in the end, just terminology. Unfortunately, it provides legal tyrants with a smokescreen to hid behind and perform their malevolent magic tricks, and brings them in ludicrous incomes. A truly despicable profession, in many aspects.

Thank you. At least I feel like someone out there is sympathetic, Rossnroller.

[parsonsj]

My image is still on hold, despite trying to explain the situation to PF.... Any ideas why this is the case?

[jimsz]

You can't blame PF as the fight is not theirs to fight. They simply reproduce the image you create and they can't risk a legal battle.

You used to two interchangeably and they are not. Copyright and trademark. Two different items for two entirely different purposes.

You can appeal to PF and/or the complaining attorney with specific replies to their concerns and to do that yo need to do a number of things

1. make sure the font you used is legal to be used in the manner you are using it, for commercial purposes.

2. Perform the Trademark searches on the US trademark site for the marks they may have registered. Is it possible that the manner you are using the text that is could be confused with their marks? If there could be confusion the claim could be legitimate.

3. You can contact the lawyer complaining and asking specifically what the problem is and for the Trademark Registration # of their registered mark.

4. Hire an attorney and have him contact the complaining attorney.

By PF playing it safe, as they need to, and removing the disputed image they are doing what they are supposed to be doing. This is the only assurance we as shopkeepers have that if someone takes our images or infringes on our trademark(s) that they will remove the offending image.

[parsonsj]

Thanks JimSZ,

I understand, but I am just some guy out there and can't afford an attorney... So unless PF looks into this and sees that it is clearly a false accusation, then I am out of luck...

[Cartesian Bear]

I've been bitten by the copyright mosquito too, and caved.

First, you say the image is just the letters of the Hebrew aleph-bet ... so are "DISNEY" and "WAL-MART", but using those letter arrangements is trademark infringement. Font can also be a problem ... the words "Kooky-coola" aren't trademarked, but you'd be in trouble if you used a particular script font with swashes.

Now my tale ... while browsing through a Wiki on odd, geey holidays, I came across one that I made a shirt for. A little later I found an author who wrote a story about that holiday, and contacted him about a possible team deal. The deal fell through, and he got huffy that my shirt had the words of his story title on it. [Nothing particularly original, it was similar to "Merry Dec. 25"]

And another case ... what if I drew a comic character to put on a line of shirts ... and my daughter noticed it looked almost exactly like the comic relief character in a manga series I never knew existed? Do I still have a right to use my character? No ... I could never absolutely prove I wasn't stealing the image, and the manga company has invested a lot of effort in this character -- they do have the right to control the image.

Parsonsj, you'll have to weigh principle against pragmatics here ... is it worth fighting this? If you are certain you are in the right, and could stand up to a court fight, you mght want the publicity of contesting this. Or you might decide, as I did, that it just isn't worth fighting about.
Though I felt I had a perfect legal right to use the words, and I created my image before I knew of the story, I decided to withdraw the image. It hadn't sold, and wasn't even very well-designed. I don't need the hassle.

--Liz

[parsonsj]

Thanks Liz. The Hebrew Alphabet isn't copyrighted, no more than is the English alphabet... The design I made used a font I purchased and the font designer has no issue with me using it. As for the arrangement of the letters into 4 rows and 6 columns, I really don't think that is unusual at all either....

As for the attorney who is doing this at his wife's behest: מע זאל שוין נאך דיר א נאמען געבן

[jimsz]

Thanks Liz. The Hebrew Alphabet isn't copyrighted, no more than is the English alphabet... The design I made used a font I purchased and the font designer has no issue with me using it. As for the arrangement of the letters into 4 rows and 6 columns, I really don't think that is unusual at all either....

As for the attorney who is doing this at his wife's behest: ?? ??? ???? ??? ??? ? ????? ????


Legally the person complaining has the right to do so. You also have the right to fight it.
It's not personal, it's business. If you are confident in your design and your ability to make money off it, hire an attorney. If you will not make enough off the design to cover the legal costs, it is not worth worrying about.

[parsonsj]

Legally the person complaining has the right to do so. You also have the right to fight it.

Correction -- the person complaining doesn't have to do anything but complain or make an allegation; the accused has the burden to prove his/her innocence...

The person who complained is himself an attorney who acted on behalf of his wife, who apparently didn't want others to sell anything remotely similar to her items.... He made one phone call or wrote one email and then all of a sudden I am in need of legal counsel. How nice for the accusers...

As for my image, PF has yet to tell me how it violates ANY clause in their copyright policy. It is NOT a trademarked image; there is NO content taken from other sources; the design is 100% my own (and is simply the letters of the Hebrew alphabet). All I get back from PF is "hire an attorney if you feel so strongly about it." Nice customer service, PF!

[rossnroller]

Parsonsj,

I have every sympathy for you, especially in having the bad luck to come up against a legal bully who is pushing his weight around just because he knows he has both your hands tied behind your back - he is intimately familiar with the law, and you, as a lay person, are not. You have NO chance in this fight. HOWEVER...

You have a choice here. You can go on whining and feeling sorry for yourself and blaming PF for not taking your side, when in fact, they are potentially as much in the firing line from this lawyer bully as you are, and are simply doing what's appropriate to protect themselves. OR

You can do something about it and hire a legal gun to take on the bully for you. Be prepared to expend a lot of time and bucks. It might be pertinent to ask yourself whether the risk justifies the reward. Is this design of yours so good, is its profit potential so outstanding as to justify all the angst? OR

You can put it all down to experience and move on to creating some other designs.

As one who has been flagrantly ripped off with creative product (music in my case) and who has also been embroiled in legal battles that went on for years, put bucks in the pockets of legal vultures and took more out of mine - and ended up in a stalemate - no prizes for guessing what I'd do. Life's short.

Your choice. Make it a wise one.

[jimsz]

Correction -- the person complaining doesn't have to do anything but complain or make an allegation; the accused has the burden to prove his/her innocence...

That is the cost of doing business. There has to be some similarities for PF to flag the design.

The person who complained is himself an attorney who acted on behalf of his wife, who apparently didn't want others to sell anything remotely similar to her items.... He made one phone call or wrote one email and then all of a sudden I am in need of legal counsel. How nice for the accusers...

This goes back to an earlier post where you used 2 different terms. in one instance you referred to copyright infringement, another time you used the term trademark.

2 different items, 2 different purposes. If it was a trademark infringement, all it has to do is be similar enough to cause confusion in the mind of the public. If the design is similar to a trademarked design and can cause confusion, that's enough to be on the receiving end of a C&D.

Have you looked into the situation. Are they claiming copyright or trademark? If you can't answer with certainty than you have not done your homework.

As for my image, PF has yet to tell me how it violates ANY clause in their copyright policy. It is NOT a trademarked image; there is NO content taken from other sources; the design is 100% my own (and is simply the letters of the Hebrew alphabet). All I get back from PF is "hire an attorney if you feel so strongly about it." Nice customer service, PF!

PF is not a law firm and it is not their role to tell you anything other than your image was flagged as a potential rights violation. After that you are on your own. Welcome to the business world. PF can't risk being sued and pay a judgement because they chose to ignore a C&D and reproduce your image.

Instead of complaining, look into. Get the specific answers or hire someone to obtain the answers for you. The fact that it is a spouse sending the letter makes no difference. You have to decide if it is financially worthwhile to pursue the matter.

[parsonsj]

Thank you all for your suggestions and sympathy. Actually, PF has been fair -- and I entirely understand their dilemma in this situation. However, I have discovered that the copyright issue had to do with the NAME of my shirts -- not the design itself. I have subsequently RENAMED them to a generic term ("T-Shirt") and that took care of the matter.

I appreciate PF and will try to be more careful of these sorts of issues in the future.

Thank you again.

- parsonsj

[TwilightRealm]

What I would probably do is look up an attorney in the yellow pages. Even if you can't afford one, you can talk to one and explain to them the situation, and ask if there's anything you do.

I really hope you do fight the situation--don't cave in or ignore the situation. All you've done is make a product with a text print of the Hebrew alphabet (from the first to last letter, not in letters that have been arranged to portray the name of any copyrighted business, character, or other products) in a font with a license you already purchased.

Honestly, if I list the English alphabet in Arial, I don't think any attorney has the right to tell me to remove it, they would be, in essence, claiming copyright over the alphabet itself. Just because they list the alphabet on several of their products doesn't give them a copyright over the alphabet itself, or all English and children books would be in trouble.

I can understand if you're a bit piffed at PF--I would be too, but don't blame them. It's not ignorance but simply a lack of knowledge concerning your product(s) content in question. In other words, not recognizing that your shirts' design is the Hebrew alphabet, actual text, and not a copied image of 'random' brush strokes from someone else's 'art.'

This according to PF: " Toychest is the registred trademark and copyright owner of the well-known "Alphabet Kids" name and logo." Well-known? I've never heard of them until today, and even after poking around the net to find out more about them, I still don't see what they do -- especially as it relates to the UNIQUE IMAGE that I created....

I've never heard of them either. I browsed the world wide web, and if Toychest even HAS a site, they haven't done very well advertising for it, because I couldn't find it. I found Alphabet Kids (alphabetkids.com), and get this: It's only the title with "Alphabet Kids is coming soon!" coming on the first page, and a copyright of 1998 at the bottom of the page. Oh yeah, they must be pretty well-known.

Seriously, flip through the yellow pages and ask some attorneys. Don't tell them you can't afford their services, but try and milk them for what information you can. Then if you learn anything that will help you, you can call that opposing attorney and see if he'll back off.