Universal's legal action against 11th Hour
POSTED BY: CABridges
UPDATED: Monday, November 13, 2006 09:47
VIEWED: 59280
PAGE 15 of 17
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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.
That's true; a "reasonable time frame." But it can be hard to fight. Especially since while Firefly may have been created way back when, Serenity only came out recently. Confuses things.
The again, they might only be doing it now because the reasonable time frame is running out.
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Originally posted by Dataless:
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.
Reactions to heavy handed punitive legal actions are, for the most part, negative. How is alienating your fan base a check to see if it's worth making a sequel?
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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.
There's a lot of downside, it's called negative P.R. There are already news websites and blogs picking up this story and, for the most part, Universal is getting a lot of criticism.
I'm getting a lot of criticism, and insults, from people who have never seen my Cafe Press shop, nor know anything of Universal's previous friendly stance toward fan made merchandise and promotion. Those insulting posts all assume that my shop was full of bootleg, rip-off images of official copyrighted material. Then they look at the Browncoats' reaction to this issue and further assume we're all whiny brats, have no life and no respect or understanding whatsoever of copyright laws.
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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.
My Cafe Press site did not offer any of Universal's copyrighted images. Universal's objections were to references to the Serenity movie in the merchandise descriptions, and objecting to one image used on the backs of some t-shirts. I posted the image a little further up this thread, it bears no resemblance to the official Serenity movie logo. It is an original and unique creation.
I realize this thread is long, but it does help to acquaint yourself with the subject before commenting on it.
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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.
Copyrighted materal does need to be protected, no one is arguing that point. But, again, I used no copyrighted images in my shop. Also, fans are objecting to the manner that Universal's representatives are going about this. There was no need for threatening actions, demanding money, and other punitive measures. They issued a Cease and Desist, which I complied with immediately. Yet still followed that with a Demand order.
Universal encouraged fan promotional activities, and they even provided a venue on the original official Serenity website for fans to post information about their merchandise and network. They are well within their rights to protect their copyright. All that would have been needed was some kind of announcement disseminated through the fan message boards. Browncoats have been cooperating and working with Universal for quite a while now. We would have respected their new stance toward fan made merchandise and made the appropriate changes. After that, if some fans did not comply, then issue legal notices.
It's the way Universal's legal firm is handling this, after such a previously cooperative relationship the fans had with the studio, that's causing such a negative reaction.
11th Hour
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And Universal ought to be aware that the reaction could get even more negative if they persist with this line. We're very reasonable people but we're also a group that stands together.
If there's not someone in the company saying "This is a bad move and will cost us money in the long run" then we will have to make that point to them. We don't take kindly to bullies.
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I also recognize the legal necessity of insuring that one's product is not exploited by another, but that letter seems overtly harsh and unnecessary. Especially considering the offense was made with the intention of bringing attenion to one of theirproperties. This leaves the browncoats with a choice. That choice is to protest this and not buy any of the products that Universal will be releasing of Serenity, while also recognizing that by protesting in this way you will also be partly responcible for the percieved lack of interest in this property by the execs. Or to abandon a comrade, and continue to pimp ourselves in the hope that they may one day bring back a franchise we all care about. Honestly, I am not sure which choice is best.
"Some wills are too strong to die. There are powers to formidable to be contained."
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I do not know if anybody else has posted this yet. Maybe we could use some levity here--
http://www.raygunrevival.com/Forum/viewtopic.php?t=663&sid=0e40ee0f75b
d45755a078c6f9bb1b31d
http://www.browncoatinvoice.com
SNORT!
--Karel.
"Wondrous is our great blue ship that sails around the mighty sun and joy to everyone that rides along." -- Jeff Lynne, Electric Light Orchestra.
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I don't know if anyone has considered this, but in the case that Universal does force a settlement or pay back for items already sold and get it, are we going to let them take it all from 11th hour? Perhaps just in case we should start thinking about what to do if 11th hour needs some help. I'm not really sure what I'm sugjesting myself, but it feels wrong to let her have to take a big punch when she's a browncoat. If we stand togeather we should stand tall and help anyone who needs it.
So 11th hour, if I may be so bold, is there anything we as a group and as individuals can do to make things easier for you?
JB
Signature:
Jayne: "Testing, testing. Captain, can you hear me?"
Mal: "I'm standing right here."
Jayne: "You're coming through good and loud."
Mal: " 'Cause I'm standing right here."
If you play nationstates.net check out the region Firefly.
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I dedicate what is written below to 11th hour, bluesunshirts, and all of the other wonderful groups who have supplied us fans with wonderful Firefly merchandise:
They fought against the rich and they gave to the poor.
Stood up for the fans and gave Universal what for.
Our love for them now ain't hard to explain.
The heros of the Browncoats:
They won't fight in vain.
Universal didn't want to give us Firefly merchandise, and I don't think they have the right to attack and close business because some loyal fans took it upon themselves to supply us with some. Considering all the money that Universal has it's exteremely petty for them to be cracking down on these people. I agree that all the Browncoats should band together to fight this. It may seem like a fight against overwhelming odds, but hey isn't that part of being a Browncoat?
Wash: This landing is gonna get pretty interesting
Mal: Define "interesting".
Wash: Oh God, of God, we're all going to die?
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Quote:
Originally posted by Metallx321:
... Or to abandon a comrade, and continue to pimp ourselves in the hope that they may one day bring back a franchise we all care about.
You know, there's a certain motto. A creed among folks like us. You may have heard it: "Leave no man behind."
In earnest, I'm not about to abandon 11th hour in hopes of getting more 'verse (insofar as I acknowledge that, for the worthier part, she's having to face this alone). If for no greater reason (and there certainly are) than that 11th is part of our crew. Ain't that the irony? By sacrificing one of our crew, I'd be giving up on precisely that which Firefly stands for. Can't do it.
Something's got to give, for certain. But not 11th; she's given enough.
--
"Mei-mei, everything I have is right here." -- Simon Tam
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Well we did their marketing for them, did they expect us to sit around forever for merchandise?
Most stuff I've got is fanmade, except the shiny Serenity ornament which I did nearly wait forever for.
One question I do have is....what about places like Abby Shot that makes replica browncoats and vests, or Motorcowboy that makes replica Capt Reynolds boots, or how about Virtual Firefly that is currently doing a virtual 2nd season of Firefly. Will these also need to cease and desist. They do seem to infringe and they do seem to mention Universal product.
I suppose the next con I go to may get me in trouble for not wearing "official" merch. Heck I've got self made decals on my car, even a license frame, that contains the word "Serenity". Am I infringing on trademarks?
It just really seems that Universal has borrowed greatly from the George Lucas school of fan appreciation.
Do they want our support of not? Do they want our business or not? The amount of "official" merch that I've seen is a drop in the bucket, and not very high in quality.
So how much trouble is the guy that built Serenity out of Legos in?
It's a nothing part til you don't got one, then you have to go to ebay.....aaaaagh!
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I believe they can only really complain if you sell what you make. As for the peeps who use actuale logo's from the show, I don't know. Maybe they have permission, if not they'll probebly be shut down.
We should do the best we can to be suportive and helpful.
Signature:
Jayne: "Testing, testing. Captain, can you hear me?"
Mal: "I'm standing right here."
Jayne: "You're coming through good and loud."
Mal: " 'Cause I'm standing right here."
If you play nationstates.net check out the region Firefly.
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