Copyright infringement
- Started
- Last post
- 35 Responses
- zombiewoof
OK so I just got a nastygram from Sony Pictures stating that a logo I developed almost 3 years ago is in violation of their copyright.
the details: In late 2004 created a logo for a friend, following the tounge-in-cheek 70's design style, I titled it Superbad. Not that it was in any way original, mind you. It was posted for sale on Cafe Press Jan 2005 for our freinds to buy for a party. It has remained their ever since.
Now Sony comes out with its 70s movie, Superbad in the summer of 2007. Can they honestly claim I have infringed upon them some two and a half years after I had it in a public commerce environment
Cafe Press caved and disabled my account.
I could give a rats ass about the design, it was a joke (but a for-sale joke) and the strong armed tactics of Sony pictures chaps my ass.
Any thoughts on how I can stick it to the man? (the man who has brought us DRM, terrible record contracts for artists and the proliferation lawyers before consumers.)
Thanks in adavance.
BTW, the two logos have no real similarity.
Mine:http://www.mackeywerks.com...
- zombiewoof0
blown link in above post:
- menos0
that sounds like BULLSHIT to me! how can they do something like that?!? yours existed way before theirs and just because they made a movie with the same title shouldn't give them the right to do this. If anything YOU should sue them for copyright infringement! hahaha
- ukit0
i think legally it's about who trademarked the name/ logo first. but that is pretty lame.
- dirtydesign0
Yeh. Not much of a case there.
Email them saying your lawyer will be in touch.
Then get a lawyer if you dont have one.
- mg330
Interesting... I would def talk to a lawyer if you can afford it, if anything simply to a) not remove it since you created it before the movie, b) have cafepress account restored (for what it's worth) and c) shove your finger in their face so that they will sue you and you can counter-sue. $$$$$$ or at least a good story to tell.
- madirish0
just firebomb them
- MrD0
with intellectual property claims, its who ever has the most money
what you could do is file a law suit against Cafe Press / Sony
and represent your self
make sure you get the record of your file year date etc, witnesses, cafe press account when the file was submited etc in order
- mg330
I think MrD is right. I'm no IP expert, but learned alot about copyright and trademark when studying advertising.
If I'm correct, that image is by default copyrighted by you by the date it was created and put into the public sphere by yourself.
- Llyod0
it takes 5 years for a trademark to kick in
- madirish0
^ absolutely.
but we are talking about copyright. the two are 100% not the same.
- zombiewoof0
Actually I have access to a major litigation firm through my office. (unfortunately this was just a silly side project, not run through work), but the lawyers seem to have take a shine to this particular angry design monkey... They are global and scary, and their name strikes fear into hearts of mere mortals....
Thanks for the input. all I'm just trying to see if its worth my time....
- zombiewoof0
thats funny, i'd digress to that suit for sure.
but f**k Sony and thier powertipping "We-want-to-own-your music-your lyrics-your movies-your images-your words-your thoughts-" attitude.
its not about the actual design as its about the principal of Sonys' tactics of coming in years later to gain control of previous work.
- menos0
its not about the actual design as its about the principal of Sonys' tactics of coming in years later to gain control of previous work.
zombiewoof
(Oct 26 07, 11:07)that's the main thing
- ribit0
maybe some confusion between copyright and trademark law in this thread?
I don't think they have any claim here... Under trademark, you aren't promoting a movie so there is no infringement, and under copyright, the logo copyright belongs to you... so where's the problem?
- Redmond0
Are they gonna sue superbad? Wasn't there a really cool website titled that? Damn legal bullies.
- emecks0
they waited until the late great James Brown was dead so he couldn't sue them for putting the name of his (phenomenal) album on the titles of their (most likely shite) film.
cunts, the lot of them.
- pr20
another option is that for them to present that letter to you is like lets strike fear in his hear so he won't sue us for using his logo/name. Get yourself a lawyer, u might have some $$$ to get out of those assholes.
- mg330
You should be able to sue or challenge CafePress also for not even talking to you about the issue before taking it down.
That's lame enough in itself.