Friday, 30 December 2016

Good bye 2016....


Ohh I had this taken down off the redbubble website because of claimed  copyright infringement by Disney and lucasfilm.

Here's what they said
_________________________________________________________________________________
Dear Robert,

We have removed the following content from Redbubble in response to past complaints from Lucasfilms, Ltd., a subsidiary of The Walt Disney Company, the claimed owner or licensee of related intellectual property and in accordance with Redbubble's IP/Publicity Rights Policy:
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If you believe that removal of the above content is the result of a mistake (for example, that you have authorization to use the relevant content from the content owner) or misidentification, you can send us a counter notice. Such counter notice must provide the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the relevant matter;
  2. a description of the content which we have removed, including the URL on which the content was located on the Redbubble site;
  3. your address, telephone number, and email address;
  4. a statement by you that you consent to the jurisdiction of the Federal District Court, San Francisco County, California, United States and that you will accept service of process from the person who provided notification described above or an agent of such person;
  5. a statement by you that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
If you would like to send a counter notice please email the required information above to ______________

Please note that in some circumstances, if the work does not comply with our User Agreement and/or IP/Publicity Rights Policy, we may not be able to send your counter notice on to the party who has claimed ownership or licensee status over the intellectual property at issue. Rather, we may inform you at the time of receipt that we cannot reinstate the work. We may also request further information from you in order to determine whether the work can be reinstated.

However, you should be aware that in some circumstances we will inform the above mentioned third party that you have provided a counter notice, as well as provide this party with a copy of your counter notice, which will include your personal contact information. This party will have 14 days to bring legal action against you in the United States. After 14 days, if they do not bring legal action and you would like your content restored to the Redbubble site, you may contact us to request that we reinstate your work. Redbubble may restore the content at that time if it otherwise complies with our User Agreement and IP/Publicity Rights Policy.

Further information regarding Redbubble's IP/Publicity Rights Policy and User Agreement can be found here:
_______________________________________________________________________________

So I responded (I'm not that worried about it, it was a very throwaway piece of work, kind of funny, but not really)



Hi

 While I agree with the action undertaken and will not be appealing this decision.

I do not understand why my work has been singled  out and not the 100’s of other works featuring Star Wars fonts, trademarks, characters and licenced images on the redbubble website http://www.redbubble.com/shop/star+wars (11,852 entries using the search term Star Wars)

 Further,  my work could be viewed as a parody instead of  breaching copyright owned by a third party. You should understand that parody is protected under the US Constitution see http://www.firstamendmentcenter.org/parody-satire/ (see http://www.firstamendmentcenter.org/faclibrary/case.aspx?id=1267 ) However I’m unsure if the US Constitution gives rights to foreigners entering into  contracts with USA firms, (should have done more international law in my degree😊 )

 The other examples of Star Wars works on Redbubble appear to be a straight taking of elements of star wars material without the requisite parody or satire involved. The work concerned is a comment on 2016 and the events that have occurred,  from the election of Trump and the death of many celebrities including Carrie Fisher  

Thank you for informing me of my rights in this case, I hope to continue using Redbubble, and will ensure I stick to using totally original/created  art works in the future.

Yours sincerely
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