Last month I transcribed my conversation with Joe Pitts, our local rep, about how internet SOPA laws will affect independent artists.
I also mention how I am “someone who understands what being falsely accused of copyright infringement means today, if SOPA passes, anyone who accuses a site or person of copyright infringement and could have their sites taken down without due process or proof of the actual infringement and be liable for damages.”
At the risk of sounding like a whiny baby, here is my story.
In 2008 I created the piece to the right which I call “A Very Stylish Girl”. She is fashioned after a fictional character on one of my favorite movies.Guess which?
Paramount, the owner of the copyright of Breakfast at Tiffany`s has claimed copyright infringement on my above mentioned piece and removed it from Zazzle, without due process or proof. Just a claim that they are infringing. They however, have not removed it from Etsy. Why? Etsy`s copyright violation reporting system is much stern, as they would have to sign an affidavit,” a statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.”
And because apparently lawyer-ing is as hard as interpreting for your benefit the law articles on wikipedia, here are my non-lawyer opinions. :)
The search alone yields thousands of items ‘inspired’ by the movie. http://www.etsy.com/search/handmade?q=breakfast%20at%20tiffanys&view_type=gallery&ship_to=ZZ&min=0&max=0
This one is using copyrighted hello kitty material. Blatantly! |
Breakfast at Tiffany’s Bridal Shower Invite -This one is using the name Tiffany, and you can`t use that name as it is trademarked. I am not claiming that any of these images are infringing, but based on why mine was removed, these would be too.