CafePress

[MrBishop]

Ok...so, some of you know that I've got a CafePress account similar to where you can buy the OTC t-shirts.

I've had occasions where my uploaded work was considered too close to a copy-written piece, and had to remove it. Fair enough.

Recently, I created and uploaded a decal image (see attachment) based on a line from the Princess Bride (book and movie).

Some company in the USA say that I stole their design and complained to CafePress about it. CafePress went to bat for me on this one (nice to know)..and bitched the company out for trying to claim copyright on something that's effectively not theirs.

Here's the bit I like

Additionally, although you may own the copyright in your design, copyright does not protect words or
ideas, it only protects specific expressions of words or ideas. See Sem-Torq, Inc., 936 F.2d at 854-855.
Slogans and other short phrases or expressions such as “Hello my name is Inigo Montoya, you killed my
father, prepare to die” (itself taken from a rather famous line in the motion picture/novel The Princess
Bride) cannot be copyrighted, even if they are distinctively arranged or printed. See Kitchens of Sara
Lee, Inc. v. Nifty Foods Corp., 266 F.2d 541 (2d. Cir. 1959). Under the doctrine of scenes a faire,
courts will not protect a copyrighted work from infringement if the expression embodied in the work
necessarily flows from a commonplace idea. Ets-Hokin v. Skyy Spirits Inc., 225 F.3d 1068 (9th Cir.
2000). Here, because the "idea" or concept of a “hello my name is” sticker with humorous wording
contained in the space where one’s name would normally appear is commonplace, as are the design
elements which make up the “sticker” portion (i.e., blue or red background with white font with a space
below meant for a person’s name), these particular elements are also not protectable by copyright.

Finally, the images in question do not copy your expression; instead they are unique expressions of the
same idea. And, as discussed above, this "idea" is not subject to copyright protection.

In order to gain a better understanding of the protections granted by copyright, please refer to the United
States Copyright Office website. www.copyright.gov

On a lark, I did go to the company's web-site to see what they were on about. I noticed, while I was there...about 40 copyright infringements off of companies like Kodak, Disney, Atari, etc etc...

So..should I send emails to some/all of these companies and give them a head's up re: this infringement or is that far too bastardly?

 

[Leslie]

Then they'd have an excuse to get you for harassment, so, no, you shouldn't.

 

[highwayman]

Depends on were you get the idea from...

On the most part if it your idea go with it...

 

[A.B.Normal]

Then they'd have an excuse to get you for harassment, so, no, you shouldn't.

Harrassment would be continually threatening to forward his info to the companies he's infringed .Actually sicking the Disney lawyers would be "morally" correct and legally strong.

 

[MrBishop]

Depends on were you get the idea from...

On the most part if it your idea go with it...

I love the movie and that character in particular. I've seen others turn regular 'Hello, my name is" stickers into similar things at conventions. I ran with it.

Since then, I've looked all over the web and found multiple examples of such an idea. I guess that the company in question has some work to do, eh