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Please approve declined cards (Read 4030 times)
Bits_139043
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Please approve declined cards
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
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Renae_139784
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Re: Please approve declined cards
Reply #1 - Feb 6th, 2010, 1:11pm
 
I agree... I had one card declined because the dog I photographed resembled Elvis it was a  "Don't Be Cruel....Be My Valentine" But they approved the same picture card with "Thank you .....thank you very much" .......they said it was copyright infringement of Elvis.....I don't think so.......
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Tom_133317
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Re: Please approve declined cards
Reply #2 - Feb 6th, 2010, 1:26pm
 
There are a 1000s of common expressions that are copywrited, and likely "Don't be Cruel" is one of them along with "thank you, thank you very much."  I had one card with the expression "Feel the Love" on it that got me in trouble - it was a copywrited expression (who knew??).  Copywrite owners have search programs that run across the internet trying to snoop out violators.  GCU is trying to avoid us having to deal with those potential violations by filtering them out during the review process.  Tongue
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Renae_139784
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Re: Please approve declined cards
Reply #3 - Feb 6th, 2010, 1:42pm
 
They approved "Thank you...thank you very much" My husband is a recording artist and has copywrited songs... .. for instance he had a huge song "Tell Me Why" .... but there are tons of other songs out there called "Tell Me Why" and how are all the Elvis impersonators getting away with it?
Renae
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Catherine_136771
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Re: Please approve declined cards
Reply #4 - Feb 6th, 2010, 1:48pm
 

Here's a link that discusses fair use.
http://law.uark.edu/news-and-events/archive/2009/copyright-law-chills-fair-use-f ree.html
 
I don't think expressions should be copyrighted, except when they pertain to the original use. (However, the legal profession has not asked my opinion!) How long before every phrase is copyrighted so we can't use anything! I know GCU wants to avoid problems, but this is an important issue for artists and writers. We don't want to be copied, yet we don't want more and more of our language off limits.  Where to draw the line?  Angry
 
(Ecclesiastes 1:9-14 NIV) What has been will be again, what has been done will be done again; there is nothing new under the sun. {10} Is there anything of which one can say, "Look! This is something new"? It was here already, long ago; it was here before our time.  Smiley
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Renae_139784
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Re: Please approve declined cards
Reply #5 - Feb 6th, 2010, 1:53pm
 
I agree with Catherine....and besides all my other PODs had no problem with my design.
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Doreen_137017
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Re: Please approve declined cards
Reply #6 - Feb 6th, 2010, 2:24pm
 
Quote from Renae_139784 on Feb 6th, 2010, 1:53pm:
I agree with Catherine....and besides all my other PODs had no problem with my design.

 
Hi Renae,
 
I see that you are on Cafepress who doesn't even have a review cycle of any kind.  They have the same expectations as GCU and when you upload an image you are agreeing to handle copyright fraud on your own.  Zazzle, other than postage, has a very limited approval cycle, though they catch what they can that way.  In their forum, it suggests they pull many items long after the approval cycle for copyright issues.
 
My point being, just because GCU is doing a very thorough job of researching potential copyright issues and other POD sites do not, does not make GCU wrong and the other places right.  That phrase, if it is copyright material, may ultimately be pulled from those sites as well in the long run.
 
Elvis, Harley Davidson, and many others are EXCESSIVELY stringent on the copyright of their phrases, product names and representations thereof.  It's just the way things are.   Good Luck!!
 
Bits - I hope your cards, now that Harley was removed from the title, will be approved!
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Renae_139784
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Re: Please approve declined cards
Reply #7 - Feb 6th, 2010, 2:48pm
 
Hi Doreen,
Thank you so much for your explanations. I just did a google search for Don't be Cruel expressions copyright and found nothing other than other artists that also have songs named Don't be Cruel. So, how can it be copyrighted if other artists such as Otis Blackwell are naming their songs "Don't Be Cruel".
Seems to me this phrase is not an issue.
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Renae_139784
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Re: Please approve declined cards
Reply #8 - Feb 6th, 2010, 2:58pm
 
BTW Catherine that was a very interesting article....one that should be read by all.
In the meantime, I found this:
 
How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.  
 
On this government website
www.copyright.gov/help/faq/faq-protect.html
 
I'm off to check trademarks....
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Renae_139784
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Re: Please approve declined cards
Reply #9 - Feb 6th, 2010, 3:06pm
 
Found nothing right off about Don't be Cruel being a trademark, but also found out Bobby Brown has a song called Don't be Cruel....so in the end....I still think my card should not have been declined.
Renae
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Doreen_137017
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Re: Please approve declined cards
Reply #10 - Feb 6th, 2010, 3:17pm
 
Hi Renae,
 
I certainly agree with you and others that the copyright and trademark laws are often more confusing than helpful, and what you can or cannot claim is crazy.  So all we artists, and GCU can do, is our best to avoid using phrases and names that could be considered copyright infringement.  I personally do not have the time to research all my work.  I know that when I am creating it, it is being created by me without any thought of infringing on someone's property and that is why if GCU declined a card for that reason, I would accept their judgment and move on.  They are better experts in this field than I could ever be without spending time I simply don't have.
 
Copyright infringement will always just be that, a call of best judgment by those in a position to make the call.  I did once find some lists of phrases which are copyright/trademark protected and have sought my own trademarks in the past.  All I can say is that usually if you utilize the phrase in the same or similar context in which it became famous, then most likely you are infringing on the copyright and/or trademark.
 
Who knows?  I live by the rule that if it might be, then I avoid it  Grin
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Catherine_136771
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Re: Please approve declined cards
Reply #11 - Feb 6th, 2010, 3:27pm
 
That "Thank you very much" dog card is hilarious, Renae.   Grin
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Renae_139784
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Re: Please approve declined cards
Reply #12 - Feb 6th, 2010, 3:29pm
 
I so totally agree with you and I have moved on...actually I'm waiting on St Patricks Day cards to be approved. But, I don't think Elvis ever said "Don't Be Cruel...Be My Valentine"
Really thank you though for all your insight....
Renae
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Renae_139784
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Re: Please approve declined cards
Reply #13 - Feb 6th, 2010, 3:35pm
 
Thank you Catherine for your compliment and thank you for even going over to my cards and taking a look!
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Dyle_139704
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Re: Please approve declined cards
Reply #14 - Feb 6th, 2010, 9:38pm
 
On another site some artist used the phrase, "Got Milk?" and got their artwork rejected.  One other thing that comes into play are "Itellectual Property Rights."  I had taken a great photo of an NFL Stadium and was selling it on postcards.  The NFL contacted the company and the company in turn emailed me letting me know it had been deleted in order to avoid a law suit.
 
You would think the NFL site would sell posters or some other merchandise with an image of this stadium on it for the fans but they don't.
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