Journal

Have you parodied the "parody defence"?

THIS TUTORIAL IS INTENDED AS AN EXPLANATION OF THE CONCEPTS SURROUNDING “COPYRIGHT”.…

THE INFORMATION PROVIDED BELOW DOES NOT CONSTITUTE LEGAL ADVICE.

IF YOU ARE CONCERNED ABOUT ISSUES OF COPYRIGHT THAT MAY RELATE TO YOURSELF, THEN YOU SHOULD SEEK THE ADVICE OF A QUALIFIED LEGAL REPRESENTATIVE.


 

The “Parody Defence” … that old chestnut seems to be doing the rounds again with members claiming that their use of a copyrighted property does not constitute copyright infringement … simply because its a parody.

I have said it before (link) … and I will say it again:

Parody is NOT an exemption to copyright.

 

Parody is only an argument that you can make in court as part of a greater argument for possible copyright exemption.
(Link to Nolo.com ‘Fair Use’)
(Stanford Law ‘four factor test’)


 

Well

RB Dimensions & stuff update!!!

Hiya everybody,

Just letting you know that I have updated my Journal about “RB Image Dimensions & Formats” to now include the new Wall Tapestries!

You can see my journal HERE

Of course, my journal also includes a text-link to the original (and usually more up-to-date) RedBubble page HERE

… but my journal is easier to find!

REDBUBBLE GETS SUED BY THE POKEMON COMPANY

Please see the news article by Sarah Danckert / Business Courts Reporter / Sydney Morning Herald 08/05/2016 Pokemon, Hells Angels share common enemy

It turns out that Pokemon claim that RedBubble are impacting their sales by “flagrantly” selling Pokemon related products.


Quotes from the SMH news article:

Pokemon alleges the names and the images of its characters, in whole or in part, are its copyright and Redbubble’s actions have crimped its sales in Australia.

“Redbubble has infringed Pokemon’s copyright …The infringement was flagrant,” according to Pokemon.

Fairfax Media identified hundreds of Pokemon-related products including T-shirts and hooded jumpers available for sale on Redbubble this week.

Pokemon alleges searches of Pokemon products on Redbubble’s platform turned up 43,528 sea

Sold a Greeting Card!

Usually I only ever sell t-shirts.

I’ve never sold a picture before (at least never sold one that I didnt guilt-trip someone into buying!) (Hiya George!)

This week, I sold an image which gets no love. Its not exactly received a lot of views… but after being featured on the FOUND page, it has mysteriously got some love, some comments, some faves, and even a sale!

So here it is… one of my personal faves:

COLOSSEUM 1


Many thanx to RedBubble for the Found-Page-Feature!!!

WHY URL'S ARE NOT COVERED BY COPYRIGHT

THIS TUTORIAL IS INTENDED AS AN EXPLANATION OF THE CONCEPTS SURROUNDING “COPYRIGHT”.

 …

THE INFORMATION PROVIDED BELOW DOES NOT CONSTITUTE LEGAL ADVICE.

 

IF YOU ARE CONCERNED ABOUT ISSUES OF COPYRIGHT THAT MAY RELATE TO YOURSELF, THEN YOU SHOULD SEEK THE ADVICE OF A QUALIFIED LEGAL REPRESENTATIVE.

 


An interesting question was posed today in the Learning Centre / RedBubble 101 Forum … Are URL’s protected by copyright?
Its a good question, and certainly different from most of the questions I get asked about copyright.

Usually we are concerned with what is covered by copyright as opposed to what is not, so today I am going to cover the topic of what things are not covered by copyright and how that applies to URLs/Domain Names.

Time to get back to basics…

Let’s first look at what is and what

Is Copyright infringement REALLY a big problem?

So… you think its ok to upload someone else’s Intellectual Property (IP) without their permission, you even think its ok to sell it online too (because why shouldn’t you make money off someone else’s hard work, right?).

Its only you, and you hardly sell anything, and besides the companies that own the IP make millions of dollars every year… so who are you really hurting… right?

Well here is an indication of the impact that your illegal ripped-off stolen shit is having…


Lance Whitney at CNET has reported that Google gets 76 million DMCA Takedown Requests per month… double the same time as last year.


Yep.

Its not a typo.

Seventy

Six

Million

per

Month

SEVENTYSIXFUCKINGMILLIONPERMONTH!!!!

Holy poo on a popsicle Batman!

2,533,333.333 per day
105,555.555 per hour
1,759.259 per minute
29 per se

Toby Fox / Undertale: Fair Use policy

For those of you who don’t know, Toby Fox is the creator of a very popular game called “Undertale” link1 link2

And as with anything that is popular these days, thousands and thousands of people who call themselves “fans” felt it was ok to show their love and adoration of a creators work by ripping it off and selling it so that they can make a profit.

… aint love strange, huh?

Well, in a rare move these days, as a copyright owner, Toby Fox has publically declared how fans and artists may use his intellectual property.

How rare is this?

Pretty damned rare…

I actually spend a lot of time trying to find such things when investigating copyright infringement… and they are not exactly easy to find. So far, I know of three – including this one by Toby Fox/Undertale.

To be fair, I am sure there ar

Transformation and Copyright Exemption

THIS TUTORIAL IS INTENDED AS AN EXPLANATION OF THE CONCEPTS SURROUNDING INTELLECTUAL PROPERTY LAW.

 …

THE INFORMATION PROVIDED BELOW DOES NOT CONSTITUTE LEGAL ADVICE.

 

IF YOU ARE CONCERNED ABOUT ISSUES OF INTELLECTUAL PROPERTY LAW THAT MAY RELATE TO YOURSELF, THEN YOU SHOULD SEEK THE ADVICE OF A QUALIFIED LEGAL REPRESENTATIVE.

 

I have had several discussions recently with members who have been struggling to understand the concept of “transformation” when it comes to copyright exemption.

The general understanding of transformation, amongst many RB members, goes something like this:

“If I change or modify an image then Fair Use law says that I am not infringing copyright because it is ‘transformative’”

Before I get into a full explanation about “transformation” in the context of copyright

Its a merry old Xmas...

Well, hello there!…

Its been a pretty good year so far. Sold 22 items this year, 4x t-shirts in the last month alone.


I quite like the way this one came out, and its funny, Its a fairly narrow market for this one, since only serious Trekkies are gonna get the joke, but who cares, I get it, I like it…

But the most popular item ever has been this cute little sticker… which again, being a lover of obscure pop-culture references… will probably only appeal to people who really love Pink Floyd… I’ve sold 13 of these darned things… I shoulda put a serious profit margin on them…. oh well

Views are up, of course, and as always my Journals get more views than my artwork… who knew that angry/funny/sarcastic, or helpfull was more popular than grainy arty B&W photos?

Geez Louise!!, fuck me sideways

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