Welcome, Guest Login
You must login or register to post.

Pages: 1 2 
Please approve declined cards (Read 4034 times)
Mindy
GCU Administrator
Community Manager
*****



Posts: 6567
Gender: female
Re: Please approve declined cards
Reply #15 - Feb 9th, 2010, 11:31am
 
Quote from Bits_139043 on Feb 6th, 2010, 12:16pm:
I have had the following cards declined supposedly due to copyright infringement because I had Harley in the title.

Product Id: 561269
Product Id: 561271
Product Id: 561274
Product Id: 561276
Product Id: 561279
Product Id: 561281

These images are nothing to do with Harley.
It's a motorbike made using a 3D graphics programme called Poser and does NOT infringe on Harley's Copyrights.
I have removed Harley from the title but am unable to re-submit so would appreciate if the declined status could be removed.

Reviewers really should check with the artist BEFORE declining cards.

Thank you

 
Hi Bits,
You should see your cards re-reviewed shortly.  In general our reviewers have a keen eye for any brand/manufacturer names as they are clearly off limits and raise a red flag.
 
Your comment "These images are nothing to do with Harley" is not so accurate.  By using Harley in your keywords you are indicating that the bike in your image is a Harley.  Thus the decline.  At closer look the image does appear to be somewhat generic ie: no manufacturer emblems, signature logos, etc.   Had you used a laundry list of other bikes (harley, ducati, yamaha, etc ...) I believe the reviewers would have assumed you were trying to attract all motorcycle lovers in general and the bike was "generic".  This laundry list of makers/names would not be allowed either.
 
As for other topics in this thread re: off-limits content:
See Artist FAQ #34 here:
http://www.greetingcarduniverse.com/about/answers.asp#34
 
With the example of "Don't Be Cruel" .... if you're putting it on a product for sale and YOU WILL BE EARNING $$ off of it then you are infringing on the originators value, their rights to earn, etc.  Using the words Don't Be Cruel by itself is likely ok (although more extensive song lyrics are a different story).  Where it crosses the line (and it's real value lies) is when it is used along with an Elvis likeness as well as "elvis" keywords, etc.  Now it's clear as a bell that you are trying to financially benefit from this celebrity's value.  
 
GCU takes a more conservative approach, vs other POD sites, in an effort to catch content before legal warnings/notification.
 
Hope that helps clarify a bit.
Back to top
 
 
Email   IP Logged
Bits_139043
Full Member
artist
***



Posts: 167
Re: Please approve declined cards
Reply #16 - Feb 9th, 2010, 11:33am
 
Many thanks Mindy.
Yep it was my own fault for putting Harley in the title LOL
Will be more careful in the future  
Back to top
 
 
Email   IP Logged
Renae_139784
Senior Member
artist
****



Posts: 302
Re: Please approve declined cards
Reply #17 - Feb 9th, 2010, 11:41am
 
OK, so now I'm really confused. "Don't Be Cruel" can be used, but the Chihuahua used looks like Elvis too much to be used?
Back to top
 
 
Email   IP Logged
Penny_134243
Gold Member
artist
*****



Posts: 1337
Re: Please approve declined cards
Reply #18 - Feb 9th, 2010, 3:07pm
 
Quote from Renae_139784 on Feb 9th, 2010, 11:41am:
OK, so now I'm really confused. "Don't Be Cruel" can be used, but the Chihuahua used looks like Elvis too much to be used?

 
I'm sorry, I've got to ask, does the dog actually look like Elvis, or is he just dressed up in an Elvis-like costume?  LOL!  A dog that looks like Elvis is pretty unique!
 
Thanks!
 
Penny Smiley
 
Back to top
 
 
Email   IP Logged
Renae_139784
Senior Member
artist
****



Posts: 302
Re: Please approve declined cards
Reply #19 - Feb 9th, 2010, 3:54pm
 
Hi Penny,
The chihuahua is dressed as Elvis. I was the photographer at Dog-O-Ween 2009 and he was one of the contestants...too cute. The funny thing about all this is that GCU approved that same dog on my card Thank you, thank you very much.....so see I'm confused as to why they declined my Don't be Cruel...be my Valentine card. But please Penny, jump on over to my store and take a look at that cute pup....he really is adorable.
Renae
Back to top
 
 
Email   IP Logged
Penny_134243
Gold Member
artist
*****



Posts: 1337
Re: Please approve declined cards
Reply #20 - Feb 9th, 2010, 4:00pm
 
Hi, Renae,
 
Yes, he's adorable! In fact all of your cards are pretty cute!  Smiley
 
Penny Smiley
Back to top
 
 
Email   IP Logged
Doreen_137017
Gold Member
artist
*****



Posts: 5274
Re: Please approve declined cards
Reply #21 - Feb 9th, 2010, 4:02pm
 
Quote from Renae_139784 on Feb 9th, 2010, 11:41am:
OK, so now I'm really confused. "Don't Be Cruel" can be used, but the Chihuahua used looks like Elvis too much to be used?

  
I think what Mindy is saying is that when you use a phrase such as Don't Be Cruel TOGETHER with an image that is obviously meant to portray Elvis, then you have crossed a line.  So, if for example, you had a card with a squirrel on it lets say and on the inside you said Don't Be Cruel Be My Valentine, that would probably have been accepted, assuming the squirrel was not dressed like your dog...hahaha!  The issue lies with the fact that you are intentionally attempting to make money through using the name, phrase and likeness of Elvis Presley, that's what is an issue.
 
The card that is already approved with the dog in an Elvis suit, sunglasses and musical notes says thank and was approved because your likeness to Elvis was 'implied' not blatantly stated.  Does this make any sense?  I'm only trying to help you understand Renae so that you can go on creating your adorable cards without this happening anymore.
Back to top
 
 
Email   IP Logged
Renae_139784
Senior Member
artist
****



Posts: 302
Re: Please approve declined cards
Reply #22 - Feb 9th, 2010, 4:30pm
 
And I appreciate that Doreen, I really really do....but wasn't Thank you, Thank you very much the same thing?
Back to top
 
 
Email   IP Logged
Renae_139784
Senior Member
artist
****



Posts: 302
Re: Please approve declined cards
Reply #23 - Feb 9th, 2010, 4:31pm
 
Thank you Penny, I appreciate you taking the time to look and for your compliments.
Renae
Back to top
 
 
Email   IP Logged
Doreen_137017
Gold Member
artist
*****



Posts: 5274
Re: Please approve declined cards
Reply #24 - Feb 9th, 2010, 4:44pm
 
Well, I thought a lot about that and I think perhaps it's because Don't Be Cruel was a song. On your thank you card, you put the first thank you on the front and the second part on the inside, so you kind of have to know what you are reading to connect it.  I don't know, I'm just passing on what my mind came up with.  I have followed this thread so that I learn from it and don't end up in a frustrating situation like this...so thanks for giving us a lesson!  Grin
Back to top
 
 
Email   IP Logged
Renae_139784
Senior Member
artist
****



Posts: 302
Re: Please approve declined cards
Reply #25 - Feb 9th, 2010, 4:55pm
 
My pleasure Doreen...I'm learning too! That's why I'm asking all the questions. And from what you said about it being a song....there are other artist's that use that same song name for their song....and if it went by song names, we sure would be out of a lot of sayings with all the billions of songs out there.....
Renae
Back to top
 
 
Email   IP Logged
Mindy
GCU Administrator
Community Manager
*****



Posts: 6567
Gender: female
Re: Please approve declined cards
Reply #26 - Feb 9th, 2010, 6:12pm
 
Quote from Renae_139784 on Feb 9th, 2010, 11:41am:
OK, so now I'm really confused. "Don't Be Cruel" can be used, but the Chihuahua used looks like Elvis too much to be used?

 
"Don't be Cruel" by itself yes...as it's just a statement.  But along with the Elvis look a like, NO, now you're quoting the song and infringing on the celebrity.  An Elvis look a like dog w/o any reference to song lyrics, YES ok.  Where a look a like would not be ok is if your image was actually an image of Elvis (of which you did not own the rights to) or one trying to pass itself off as Elvis himself.
 
It's quite complicated...here is just one article for example on song rights who do not always belong to the artist nor their estate:
http://www.bized.co.uk/current/mind/2004_5/280205.htm
Back to top
 
 
Email   IP Logged
Renae_139784
Senior Member
artist
****



Posts: 302
Re: Please approve declined cards
Reply #27 - Feb 9th, 2010, 6:40pm
 
Being that my husband is a recording artist, I understand a lot of what your article states. However, I do not see anything as to a dog dressed like Elvis....what about all the Elvis impersonators out there?
 
Anyway, would my card get published if I said my Don't Be Cruel words were actually from Otis Blackwell or Bobby Brown's song of the same title and then use my dog.....LOL...I'm just kidding....this subject was just good for a debate.  
 
It's no problem that my card does not get published here, it is published elsewhere and doing very well. I hope I have not aggravated anybody.  
 
Renae Roll Eyes
Back to top
 
 
Email   IP Logged

About Us     Artists     Artist FAQ     Blog     Card Sellers     Contact Us     Content Disclaimer     Forum     Paper Card Categories     Privacy Policy     Shopper FAQ     Holidays 2011

Click to verify BBB accreditation and to see a BBB report.                        
© Copyright 2000- Greeting Card Universe - Powered By Bigdates-Solutions.com   

GCU Forum » Powered by YaBB 2.1!
YaBB © 2000-2005. All Rights Reserved.