Of fandom and intellectual property (but not like you think)

[sophie_448]

I know you don't see me around SPN fandom much anymore. Okay, okay, at all really. (I'm not dead, I'm resting!) But something's come up that I think as many people as possible should be aware of.

So, you know Zazzle, right? (Like CafePress only better, but less successful). Well, eons ago (I'm fairly sure it was mid 2007) I created some

Comments

[ant3ka]

I bumped over here from waterofthemoon's post. I had the same thing happen to me with Cafe Press a couple years ago. The WB/SPN claimed copyright on a silhouette of the Impala with the text "rock music plays". Not only was the silhouette vague enough it could have been any type of car, the phrase "rock music plays" has never been used in connection to the show. I did the same thing you did, wrote an email back asking for more explanation, and received the same canned reply.

We make these products to promote the show, not to line our pockets with buckets and buckets of cash. It made me so furious when I saw other merchandise with pictures of Jared and Jensen actually ON IT that was still available for sale. The double standard is ridiculous. I don't know what we can do about it, but thank you for getting it back onto the fandom's radar.

[sophie_448]

That's ridiculous! I mean, conceivably Chevy could probably try to claim trademark on the silhouette of their vehicle ... if they really wanted to. But I can't see ANY way that SPN could claim any rights over that.

[tsukinofaerii]

IANAL, but I'm pretty sure you can't copyright a word. Trademark, on the other hand, definitely. I'm inclined to think that this is just a standard C&D. It's just that the two concepts get confused a lot, and copyright is easy to abuse (since it's always assumed to be a valid claim-which works in the hands of individuals, but is outright unethically used in the hands of corporations). If you filed a counter claim, I doubt they'd even pursue it. :\ But still, it sucks hardcore.

[sophie_448]

I don't think I personally have enough for a counter-claim anyway, but on a principle level I at least wanted people to know. Because I'm not okay with it.

[avellis]

D= Got here via Sara's post, and EW. That whole thing just reeks of BS. SPN and WB might own the show and the car and the image, and Metallica obviously own their own band name, but Metallicar was all fandom. Same way 'Wincest' is, same way we've smooshed 'Padackles' together.

Besides, I'm not sure if copyrighting a word is on the books, especially if they've never used it as a trademarked brand name or anything. At the very bones of the matter, it's not their intellectual property if they didn't come up with it. It's like trying to copyright 'rock on' or something.

[sophie_448]

Yeah, idk. Honestly even if there was some avenue where they legitimately acquired the rights (possibly through TWOP) it STILL skeeves me out that they would do it at all.

[verasteine]

Here via moonilicious, and I was just wondering if the OTW could help you out, if you were thinking of contesting this. They might have a lawyer who could inuire into it, if you really wanted to make work out of this.

[sophie_448]

They might be able to. I'm really not looking to make a case out of it. Maybe I'm half-assing my fandom duty, but I honestly don't have the time or energy to pursue this. My mom's a lawyer, so I know how drawn out (not to mention ugly) legal proceedings can get, and that's not really something I'm ready to sign on for. I did at least want people to know, though. Then at least I don't feel like a total doormat ;-)

[stormcloude]

Have you talked to the EFF about this? Even if they can't do much, it sounds like the kind of thing they track and should know about to try and keep the big companies from steamrolling individuals.

(Uh, Electronic Frontier Foundation: http://eff.org )

[sophie_448]

Oh, I hadn't even heard of them! I'll definitely look into it, thanks!