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Legal Infringements - Pls Read & Review your store (Read 9709 times)
Delores_132508
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Re: Legal Infringements - Pls Read & Review your s
Reply #30 - May 7th, 2009, 11:20am
 
Nan,
Here is a quote from Mindy on that subject.  Hope it helps.
 
We were recently notified that a handful of cards on GCUniverse are likely infringing on copyrighted, trademarked and licensed materials    Certainly we believe there is no harmful intent by our artists.  It's simply a matter of understanding the boundaries of the guidelines.  
 
We would like to more clearly highlight the guidelines for existing and future cards on GCUniverse.  We will be incorporating these measures into our card approval process and acting conservatively.  
 
This applies to any brand names & images, sporting team names, logos & images, famous people and their likenesses even in caricature.  
 
As stated in the GCUniverse Terms & Conditions accepted at registration, you must have written approval from the appropriate entity and/or a model release to use these images, or the images are in violation.  Each artsist is responsible for their own content.  
 
The primary issues in the T&C's are:  
 
1. You must have a signed consent form to use the photo or likeness of:  
A minor under the age of eighteen (18) where the face is recognizable - such release is needed from their parent or guardian  
An adult where the face is recognizable and the photo was taken at a non-public event, such as someone walking down the street - such release is needed from that person  
2. Use of the image will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, intellectual property right, moral right or any other legal right of any party.  
 
For example, images and artwork depicting:  
Musicians - Janis Joplin, Elvis, etc.  
Actors/Celebrities - Marylin Monroe, James Dean, etc.  
Sporting Teams - NY Giants, Dallas Cowboys, etc.  
Cars - Ferrari, VW, etc  
Brands - Dos Equis, Ghirardelli, etc.  
 
Similarly this applies to keywords of the same nature that would produce unauthorized and misleading search results that are not allowed and should be removed as well.  
 
We have already removed a few cards that were in violation.  Those artists will be contacted directly.  Please review your cards with this in mind and remove questionable cards from your store.  If you are not sure, please feel free to ask our advice.  Each artist is legally responsible for their own art so please act accordingly.    
 
Thank you for your understanding and cooperation    
Mindy  
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candace_131548
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Re: Legal Infringements - Pls Read & Review your s
Reply #31 - May 7th, 2009, 12:52pm
 
That's pretty funny, Colleen! We've both been here a long time but there are some newbie's here that already have 4 stars!!! I don't go on much since I'm usually wrong *see above*!!!!!!!!!!
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Pamela_135500
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Re: Legal Infringements - Pls Read & Review your s
Reply #32 - May 7th, 2009, 1:10pm
 
Hi Candace,
Your message made me smile Smiley
When I first joined I was surprised to learn that the stars were gained by the amount of forum posts Smiley
I assumed at first it was length of time here or sales accomplished. Some of us just talk a lot!
I am one of those newbies, don't feel like I truly earned such status. embarrassed  
I think they should give different colors according to how you earned your stars, one for forum posts, one for sales, one for each year here and one for..something else I can't think of right now.
Kind of like Girl Scout badges!
Pamela
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candace_131548
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Re: Legal Infringements - Pls Read & Review your s
Reply #33 - May 7th, 2009, 1:20pm
 
Thank you, Pamela! It was intended to bring a smile to my fellow artists! It would be kind of fun to have all sorts of different stars. You could tell all about a person by the color and quantity of their stars!!! Or smiley faces. I'll give myself 2 for 2 years!  Smiley Smiley
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Sherry_Holder_137060
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Re: Legal Infringements - Pls Read & Review your s
Reply #34 - May 8th, 2009, 11:21am
 
Grin Some of us do like to talk a lot...hehehe, I do, I do.  
 
I do like the colored stars idea, sounds great!
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Mindy
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Re: Legal Infringements - Pls Read & Review your s
Reply #35 - Jun 9th, 2009, 2:35pm
 
Quote from Nan_137018 on May 7th, 2009, 10:11am:
I have done pencil sketches of famous people like Obama, Nadal, Cosby, etc. are they not allowed?  Have not posted them until I get some clarification.  I do realisitc drawings, not cartoon, so I have been assuming I cannot post.

 
Correct, these would not be allowed with the exception of public offices like the president.
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Tom_133317
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Re: Legal Infringements - Pls Read & Review your s
Reply #36 - Sep 21st, 2009, 11:35am
 
TRADEMARKS -
 
Well, I just had several cards returned because I used the word "Steelers" on cards showing an Ape in a yellow hard hat.  There was no logo used or any direct reference to the Pittsburgh Steelers, though it was implied.  
 
My view was that the word Steelers was not a trademark as there are many youth teams named the "Steelers."
 
Well, I went to TESS (Trademark Electronic Search System) and sure enough the Pittsburgh Steelers have a trademark on the individual word Steelers.
 
So I was wrong, and have changed the cards and resubmitted.
 
Just thought I'd share that learning moment with my many fellow resubmitters in the Universe. Smiley
===============
 
Card now approved, a Troop birthday card:
http://artist.greetingcarduniverse.com/community/viewdetails.asp?pid=493878
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Jeff_135713
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Re: Legal Infringements - Pls Read & Review your s
Reply #37 - Sep 21st, 2009, 12:55pm
 
I just hope the New England Patriots don't get a trademark on "New", that would wipe out a lot of cards.
 
Smiley
 
I wouldn't have guessed that Steelers would be verbotten, but thinking about it, I guess if possible it would be.
 
-W-
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Elizabeth_137795
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Re: Legal Infringements - Pls Read & Review your s
Reply #38 - Sep 21st, 2009, 2:51pm
 
Thanks Tom for sharing. Never thought about it like that.
 
elizabeth
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