Passed through the storm ~ message from 11th Hour
POSTED BY: 11thHour
UPDATED: Wednesday, January 31, 2007 01:43
VIEWED: 33055
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To the awesomest folk in this here 'verse ~ The Browncoats
I received an email response from Universal's attorney late this afternoon. It took me a while for my nerves to settle out, had a stress relieving cry, and needed to have it really sink in, and also needed time to compose this message...
It's okay now everyone. It's okay. We passed through the storm.
Universal's law firm has been authorized to conclude the matter. They have accepted the representations in my letter, and will not pursue any financial demands. The sales number I reported for the shirts relating to the design in question were de minimis, and my compliance with the cease and desist, and my agreement to permanently cease and desist (referencing the movie "Serenity" in my Cafe Press shop) has satisfied this matter.
Pinch me, cuz I must be dreaming. This was my best case scenario fantasy... but it's true... yeeee and haaaaw, it be TRUE.
Now this is amazingly good news, and I'm definitely looking forward to a full night's sleep; but this whole episode has been a wake up call for us all to proceed with much more care in regard to copyright matters. We can still kick up our heels and spread the word, but now we must be much more aware of the various legalities involved. Because if we don't, then a certain law firm will...
To help illustrate just how conscious we need to be about legalities, below is an excerpt from the attorney's email which explains the basis for the Demand I received:
___________________________________________
" A page on your Café Press offering read “The shirts designated as ‘Art Only’ do not have the Serenity movie promo on the back.” This expressly suggests to consumers that the shirts not so marked all had the “Serenity movie promo” (logo) on the back, and in any event appears to ‘pass off’ on the motion picture Serenity itself. "
___________________________________________
Well there it is, the thing that set this whole action in motion. That sentence on one of my shop pages did say that... but it was an older entry that I frankly forgot about. Funny how I meant that sentence one way, and it is interpreted much differently from a lawyer's point of view.
This excerpt does relate to the "Serenity Swirl" image. This was the image I created to be a stand alone image that would not use any copyrighted imagery, yet still would help put the word of "serenity" out there in the world. "Serenity Swirl" was one of my early designs meant to help in our fan powered promotions, and was offered in my shop not long after it opened in December of 2004.
The design was paired as the back graphic with certain primary artwork featured on the front of the shirt. The prices for Cafe Press are the same whether there is an image on one side of the shirt or both. I hated to leave a perfectly useful side of a shirt empty... it could be used as a "mini-billboard" to help spread the word of Serenity, so I'd put Serenity Swirl there. Sometimes I used a kind of fan "shorthand" to refer to the image as a "promo" because that's what we Browncoats were working so hard to do back then, promote Serenity. But now I understand better from the lawyer's letter that referring to it as a "promo" was perceived as "suggesting to consumers" that the design was being passed off on the motion picture Serenity itself.
Actually, that's rather ironic, because back when the design was introduced, months before the release of Serenity, I never considered that regular ol' consumers would even be aware of my shop. I figured that only Browncoats knew about it. When I wrote descriptions I worded them as though I was just talkin' to the gang like I do on the message boards, because that'd be the only people who'd be dropping by. The items I offered were not to pass off on Serenity (mostly because we all were operating under the notion that hardly any folk were even aware of the movie, hence the whole guerilla marketing thing), but rather to offer items to fellow Browncoats... and some items would be t
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Congrats 11th Hour! Woo hoo! Glad to see that you'll be ok. Thanks for all your hard work, not to mention all the worry you just went through.
Deb
http://serendipityagain.com/
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CONGRATULATIONS 11TH! I am so glad that you are in the clear. Sleep for a week. You probably need it!
"Well, my days of not taking you seriously are certainly coming to a middle." http://whimsicalnbrainpan.blogspot.com/
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Sweet merciful Buddha, I'm glad this is over and you're okay!
And that was real pretty, what you just said... 
[]
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I'm very glad and relieved to hear that you'll be alright and that this episode is finally over. It's nice to know that folks had your back and helped you through this stressful event. Take care and hang in there!
Separated at birth?
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Glad to see things looking up.
*big hug*
You're on our crew, of course we stand beside you.
"But you sleep like a ghost with me
It's as simple as that
So tell me I'm mad
Roll me up and breathe me in
Come to my madness
My opium den
Come to my madness
Make sense of it again."
Goodbye to all that. III-The Opium Den (Brave)-Marillion
visit WWW.Marillion.com for a better way of life.
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Oh MY!! I am so relieved - I feel all wobbly for you 11th!! I was wracking my brains trying to think of practical ways we could help you and now it's all resolved!! 
Happy Days!!!!!!! - Magda x x x x
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What a relief. I am so happy to hear that it is over, 11th Hour. Rest up and take care of yourself. It's good to know that you felt our support.
I made a web site to introduce my friends to the 'Verse.
http://web.mac.com/arcadianlc
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Whew! I'm so happy to hear that Universal isn't going to demand money (of course, a Browncoat Defense Fund would've cropped up in five seconds flat). Enjoy that sleep, you've more than earned it.
If you can't do something smart, do something right.
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