OT: Copyright Infringement goes Back to The Future

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Zazzle have just pulled all my Flux Capacitor blog mechandise from sale due
to Copyright infringement!
This is a T-Shirt I completely hand drew myself!

Here is my artwork:
http://www.eevblog.com/images/DaveFluxCapacitor.jpg

Here is the traditional image everyone rips off from a bit of promo merch
from the movie:
http://www.zazzle.com/flux_capacitor_tshirt-235779835903386546
There are still two differnt sellers on Zazzle with these type shirts.

So if I've got this straight, my original sylised and modified hand drawing
of a hand drawing from a scrap of paper from a scene in a movie is somehow
classed as infringing on someones copyright?

What's the world coming too?

Dave.

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Re: OT: Copyright Infringement goes Back to The Future


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Payback from the War guys, maybe?

Cheers

Phil Hobbs

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Dr Philip C D Hobbs
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Re: OT: Copyright Infringement goes Back to The Future


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The thought had crossed my mind!

Dave.
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Re: OT: Copyright Infringement goes Back to The Future



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I did see a button on the Zazzle site where one can report a "violation",
and it is likely that someone did that in spite or for retaliation. I read
the User Agreement and it is very broad in its definition of copyright so
they probably figured "better safe than sorry" and just pulled the ad to
avoid possible legal hassles. The BTTF guys probably had nothing to do with
it.

http://www.zazzle.com/mk/policy/user_agreement

Your design is definitely different but it has some key features that make
it instantly recognizable as a derivation from the original. Perhaps if it
were turned upside down? The equations appear to be different, and yours
does not actually have "Flux Capacitor" written. It's a really fine and
fuzzy line that someone claims you have crossed, and I think your claim
would stand up in court, although in a jury trial who knows what your
"peers" may think after being brainwashed by a skillful attorney.

Good luck,

Paul



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But I thought derivations were considered kosher under copyright law?

I'd imagine the group The Joans might catch some crap since all their
music is based on the movie Mommie Dearest.


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reviews, and satire are IIRC the only two types of derived work that
are specifically allowed without needing permission from the copyright
holder.

the "flux inductor" idea seems like satire to me.



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So Walt disnwey gets away with it because their was no copyright on the
cultural works they appropriated and produced a derivative of?

Re: OT: Copyright Infringement goes Back to The Future


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  Yep.


  Mark L. Fergerson

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The reply from Zazzle:
Quote:
"Your product was removed because it contained an image and/or design that
infringes on the intellectual property rights of NBC Universal and Universal
Pictures.  More specifically, Back to the Future.

We have been contacted by Legal representatives of NBC Universal and
Universal Pictures and at their request your product has been removed from
Zazzle Marketplace.

While there may still be products of similar designs currently live on
Zazzle Marketplace, we are currently in the process of removing these
products."

Oh FFS!

Dave.

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If by this they mean they have received a takedown notice, then they
should have fowarded it to you, and given you the option of issuing a
counter notice.

Sylvia.

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Podcast:http://www.eevblog.com

Draw an equivalent delta network with flux inductors.

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Podcast:http://www.eevblog.com
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Perhaps.

But his problem isn't really that his T-shirt violates someone's
intellectual property rights, it's that Zazzle are intimidated by the
studio's legal department. Any design that the studio doesn't like is
going to be taken off Zazzle on the same basis, whether or not it
actually infringes anyone's rights.

Sylvia.

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That sounds more like the truth of the matter.

It is a matter of who has the deepest pockets, and how much profit is
at stake.  In the scheme of things, and with all due respect to David,
I doubt Zazzle or David would make enough $$ from the shirts to even
consider justifying a defence even if in the right.

Justice is a commodity, and the one with the most $$ usually gets the
"justice" they want.

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movie:http://www.zazzle.com/flux_capacitor_tshirt-235779835903386546
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Podcast:http://www.eevblog.com
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   That is what i said (about the Golden Rule).

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The whole question is - who has the gold ?  ;)   (as in the Au?)

China ?

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Sylvia Else Inscribed thus:

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Yes I agree !

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Best Regards:
                     Baron.

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I dunno why you muck around with that analogue flux crap, where's your
digital solution?. Anyway isn't there a fair use clause?, not to mention
if it's used for parody they can't do a thing.

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What about a FluxPIC?  With the time travel synchronized with the clock,
you could get infinite speed!


Cheers

Phil Hobbs

--
Dr Philip C D Hobbs
Principal
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Re: OT: Copyright Infringement goes Back to The Future


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True, or even...dare I say it, an Arduino, as they seem to used for
everything.

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http://listing-index.ebay.com/movies/Flux_capacitor.html
  if you seriously want to still list it then link to a Russian site
with the image hosted there ..
There will be threats BUT because it is an intangible actually stopping
you if determined is impossible ( I suspect it's a "get at")

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