General Discussions

Universal's legal action against 11th Hour

POSTED BY: CABridges
UPDATED: Monday, November 13, 2006 09:47
VIEWED: 59280
PAGE 14 of 17

Saturday, October 28, 2006 1:50 AM

The serenity "swirl" design I posted is one of my earlier graphics. My Cafe Press shop was started around 2 years ago... well before there was any licensed merchandise available. The shop wasn't started to compete with official merchandise, mostly because there wasn't any!

I wanted to design shirts that would somehow help spread the word of Serenity, yet not utilize any copyrighted images. The only way the t-shirts would be useful as guerilla marketing items is if the word "Serenity" is featured somehow. My intent was never to duplicate the official logo, and I purposely created a design that had its own distinct feel. The "swirl" design could also work for someone who isn't a Serenity fan, it's an overall fluid composition that evokes a feeling of "serenity". This design could be appealing to someone who enjoys meditation, or a creative nod to Chinese culture. The official Serenity logo is very different in look and feel... it's a stronger, more masculine design, different colors, with a kind of rustic Chinese warrior shield behind it. The font is very different, and the Chinese characters are different too.

The intent of the design was to create something unique, something that stands on its own as a graceful interpretation of the words serenity in both Chinese and English. The side bonus could be that when people wear the shirt it also puts the word "serenity" out there in the world... and conditions folks, perhaps in a subconscious way, to hopefully pay more attention to the movie of that name when it began to be advertised.

The "swirl" was actually a kind of secondary design anyway. It was placed on the backs of shirts where designs like the "yin yang", the main design, were on the front. The prices for t-shirts on Cafe Press are the same whether there's an image on two sides or just one. I always hated to leave one side of the shirt blank.

All the designs in my shop have been evolving. Starting around a year ago, none of my newer graphics even featured the word serenity in English at all. The stylized "yin yang" and "insignia" are both examples of the new generation of my designs and are inspired by the classic Chinese yin yang symbol and an ancient Chinese coin.

11th Hour

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Saturday, October 28, 2006 2:04 AM

Can't stop the cover songs, Mal!
NO WAY!

Kain

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Saturday, October 28, 2006 4:24 AM

Quote:

Originally posted by 11thHour:
I just want to say that I do genuinely appreciate those folks who want to do something to help. But we do need to proceed with cool heads, and I keep getting the feeling that there must have been some communication breakdown for Universal's legal representation to take the stance that it has.

My sincere thanks to everyone for their expressions of loyalty, and righteous indignation, but I would hate to be the cause of a big batch of negativity toward Universal if this all turns out to be some terrible mistake.

However, I am a big believer that even if you lay down arms... keep 'em handy...

11th Hour



Now there's a REAL Browncoat for ya , right there , folks . Always exemplary leadership from 11th , count on that . Especially that last bit... I love this Lady's work , AND the way she thinks... These are NOT smart times we're living in , people , but there ARE a lot of smart folk who are Browncoats .

Others , maybe not so much , but if they're with us , we love and support 'em anyway . Kinda like Jayne , maybe didn't go in for much schoolin' , but you still want 'em on your side in a fight .

I'm still hopin' some dumb loose-cannon oaf in the legalistic area of EwwwNee'Versal just went off half-cocked and shot himself in his pedal phalanges . 11thHour has taken the High Road
( where else would a Real Browncoat be ? ) as always , and exhibits truly great and classy courage in the face of a frightening and uncalled-for ordeal . I'm so proud that she's always done great service for , and brought such credit to , the Browncoat community . She's been there for us from Day One , let's be here for her , any way that we can . I'm beaming Shiny , Warm , Sunny , Kaylee-esque Love and Good Wishes out toward her part of the 'Verse just now...

Hoping that soon , someone will decide to ease up , and admit that this was just a 'minor' mis-understanding with a bit of overreaction as a consequence... In the meantime , I'm keeping the Arms at arms length , so to speak...

In '11thHour' Solidarity ! Ship-Shape and Browncoat Fashion !

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Saturday, October 28, 2006 6:28 AM

11th hour:

Okay no more letter writing for now. Any way to chip in a little for the legal fund?

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Saturday, October 28, 2006 6:55 AM

So i saw 11th Hour serenity logo and it looks nothing like the movie and i love that symbol on the ship so much that my next tatto is going to be of serenity. But really selling a symbol on a shirt and what's next should Universal sue the person who actually made the symbol. 11th hour this sucks as you were probably looking at the symbol and wanted to make somethin nice and this is what happens.... My support is with you. Good luck and good flyin.

Lillybella

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Saturday, October 28, 2006 1:10 PM

Hey, yeah!! Speaking of tatoos..what is everyone with something even close to the official logo(s) going to do? Are the inkers likely to get sued? Will the bearers of artwork have to get them removed or shell out cashy money in damages?
Just how far is this likely to go before somebody says "enough"?

Rethink your ink.

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Saturday, October 28, 2006 1:30 PM

11thHour -
Your Chinese & English Serenity Swirl is gorgeous, but indeed very different from the original work. So much so that I didn't purchase it, as I wanted a more 'in your face'/obviously associated with the 'verse item. You are being mistreated by the Youknee's (is that sufficiently different from the source to be legally permitted, yet still recognizeable to those that know what to look for?)

I haven't yet taken up my arms as yet, not wishing to throw a time released, unrecallable bomb without a confirmed target; but my quills have been sharpened, the paper is being pressed, and the ink prepared.
This is your battle. If you want firesupport, you have but to ask.

----------
Do you know what your sin is Captain?
Aww hell, I'm a big fan of all seven.

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Sunday, October 29, 2006 4:59 AM

Quote:

Originally posted by HandsOf:
11th hour:

Okay no more letter writing for now. Any way to chip in a little for the legal fund?





I mentioned on the OB that there is a paypal button at the bottom of her "Guerilla Poster Art" page. Check out the thread "11th Defense Fund" if you want to see what has been discused.

One summer.
One mission.
One army of Browncoats.
Starting June 23rd, we aim to misbehave.

http://serenityjune23rd.com/

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Sunday, October 29, 2006 4:12 PM

Quote:

Originally posted by silence:
How the hell can this happen?



Quote:


People do not agree and US Copyright Law has been changed several times – there’s the 1976 Act, the amended act of 1978, and again in 1988 with the Berne Convention Implementation Act of 1988, the Sonny Bono Copyright Extension Act in 1998 (or Mickey Mouse Protection Act)( http://en.wikipedia.org/wiki/Sonny_Bono_Copyright_Term_Extension_Act, the World Copyright Act), The WIPO Copyright Treaty of 1996, The European Copyright Directive and finally the Digital Millennium Copyright Act of 1998, – which was the most controversial and went through multiple drafts before being signed by the President on October 28,1998.



Quote:

Originally written by Douglas Adams in So long, and thanks for all the fish:
"It comes from a very ancient democracy, you see..."

"You mean, it comes from a world of lizards?"

"No," said Ford, who by this time was a little more rational and coherent than he had been, having finally had the coffee forced down him, "nothing so simple. Nothing anything like to straightforward. On its world, the people are people. The leaders are lizards. The people hate the lizards and the lizards rule the people."

"Odd," said Arthur, "I thought you said it was a democracy."

"I did," said ford. "It is."

"So," said Arthur, hoping he wasn't sounding ridiculously obtuse, "why don't the people get rid of the lizards?"

"It honestly doesn't occur to them," said Ford. "They've all got the vote, so they all pretty much assume that the government they've voted in more or less approximates to the government they want."

"You mean they actually vote for the lizards?"

"Oh yes," said Ford with a shrug, "of course."

"But," said Arthur, going for the big one again, "why?"

"Because if they didn't vote for a lizard," said Ford, "the wrong lizard might get in.



--
I am Jack's Green cross

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Sunday, October 29, 2006 4:53 PM

I will admit that I have not read all the posts but could it be that Universal wants to make as much money as possible from Serenity? That they fight to see if it is worth making a sequel? This could be done to check fan reaction to their legal actions.

What if this is a calculated move on Universals part? I think for them there really is no or very little downside. They might lose some fans in this but they can get a better guess on how many fans that they have out here. What they gain is the fans buying from them.

I think that 11th Hour might have some small ground to stand on, Serenity was released in 2004 and Universal has not fought until now to protect their copyright and that might be a way 11th Hour can fight if they want to. I imagine it would be amazingly costly though.

I think if you have a copyrighted material and you don't fight to protect it, then the rights might belong to the public. I think that might be the case with the Serenity symbol. Then again I'm no lawyer.

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