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Can I use this??? (Read 4360 times)
Doreen_137017
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Re: Can I use this???
Reply #15 - Jan 13th, 2011, 4:32pm
 
Quote from Pamela_135500 on Jan 13th, 2011, 8:11am:
Susan,
Reviewer 443 is a 'newbie' because the card review team has recently joined the forum in such discussions as a way for better communications between artists and reviewers. The designation 'newbie' refers only to the number of forum posts one makes. Reviewer 443 is NOT a 'newbie' to the review process.

I appreciate the review team working with us, and feel any disagreements should be put forward respectfully and any information for clarification presented in a helpful way, not demeaning the reviewers.
Just my opinion.
Pamela

 
Well stated Pamela...thank you for speaking the opinion that so many of us share.  I too am grateful to have the Reviewers on the forum now.  It's only been a couple of months and already they have helped in so many ways!
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Tanya_135475
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Re: Can I use this???
Reply #16 - Jan 13th, 2011, 4:36pm
 
Think you are right about Betrix Potter, I'm sure that fell into the public domain a while back.
 
Same as some old songs, just because new artist did them does not give them copy write.
 
Some are ancient from Europe where the modern "Music" is copy write, the actual lyrics fall
out of that, they can't be as no one knows their original creators as some are hundreds and
hundreds of years old, old ancient folksongs.
 
So if we had musical cards it would be a nono, but lyrics from these ancient songs are public domain.
 
One thing that is a bit throwing, it's 80 years clear for USA but only 50 years (if its not changed in
the last year) for Uk... so you still have to check, because I guess we will fall into the80 year
cycle creating for the US.
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Susan_142450
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Re: Can I use this???
Reply #17 - Jan 13th, 2011, 5:39pm
 
Beatrix Potter/Peter Rabbit case is complicated and probably I shouldn't have used them as an example.
This is an interesting article bring up points of copyright as well as trademark
http://blog.librarylaw.com/librarylaw/2006/03/the_tale_of_one.html
 
In anycase, we should all do our research. With the internet at our fingertips, we can find out the answers fairly quickly & w/ a minimum of effort. I think we should be as informed as we can about our art, and our rights.
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Ernestine_131365
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Re: Can I use this???
Reply #18 - Jan 13th, 2011, 11:44pm
 
Quote from Susan_142450 on Jan 13th, 2011, 3:43pm:
. . . Everyone is too afraid of DIsney...they are not the boogie man & are not above copyright law in the country. This is an important and informative discussion to have here and among artists in general.

Disney is VERY protective of their characters, but they do not own all the characters they depict . . . you don't mess with Mickey Mouse or God forbid try to put pants on Donald Duck!  But Alice (as well as The Little Mermaid, Beauty and the Beast, Cinderella) have been illustrated by hundreds of artists over the years and each of their visions of the characters may well be copyright on its own as can any GCU artist's original rendering.
 
Seems to me that the reviewers could use a Review U to make their jobs more efficient and accurate.  Many of the artists here have a lot of knowledge about copyright issues.
 
'e'
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Pamela_135500
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Re: Can I use this???
Reply #19 - Jan 14th, 2011, 5:29am
 
Quote from Ernestine_131365 on Jan 13th, 2011, 11:44pm:

Seems to me that the reviewers could use a Review U to make their jobs more efficient and accurate.  Many of the artists here have a lot of knowledge about copyright issues.

'e'

 
That is an excellent suggestion 'e',   I wonder if they do keep a master list after they have spent time researching a particular character or item in question. It sounds like it would make their job easier and another way to streamline the reviews.
 
I think the input from artists, like yourself and Susan is so helpful as it becomes a career trying to find some of this information! Grin
 
Pamela
 
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Susan_142450
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Re: Can I use this???
Reply #20 - Jan 14th, 2011, 8:31am
 
Look, I know GCU acts as our agent & shoulders some responsibility for what is sold on their site & they have every right to be picky about what that is.
However, I read the blogs & it really seems as though reviewer's comments or refusals can be - arbitrary. There - I've said it. I've had them question my own copyright when the "body-of-work" makes it fairly obvious that I did it.
That said, after this discussion, I feel less confident that all the reviewers (who no doubt have a never-ending, somewhat thankless job), have a complete understanding of:
a. what has already been approved on their site &  
b. Actually understand, and are confident in making assessments about, copyright law.
 
It's not my intent to be disparaging to the reviewers. They can only be as good as they were trained to be. But it seems that a flaw in their training & in the system needs to be pointed out. The reviewers need not shake in their boots every time a potential copyright conflict arises.  
If that can't be achieved then GCU needs to make a policy regarding such items. No little blonde girls in blue dresses, no one named Alice, no little mermaids, no beautiful princesses sleeping, no princesses with long hair, no pirates with hooks for hands, no glass slippers, no princesses masquerading as scullery maids.  
Ridiculous right? And that's why artists and reviewers should be informed about copyright.
 
I sincerely apologize if anyone is insulted my my words. They are strong - but I feel like they need to be said. The business and laws surrounding art & artists are important to understand. And frankly, I count on a company I work with to know, understand and be able to interpret them correctly and consistently.
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Pamela_135500
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Re: Can I use this???
Reply #21 - Jan 14th, 2011, 9:11am
 
Hi Susan, Smiley
 
You bring up valid points. I do not think the GCU reviewers are fully trained in copyright law and fully qualified to make accurate assessments, that would seem a deeply specialized area of reviewing. Their rejections therefore would appear arbitrary when you understand such laws, but I do not expect them to be copyright experts in this venue, perhaps I am naive.  
 
I think often our sensibilities often get hurt when that initial questioning and/or rejection notice comes our way on an image. But if there are guidelines to follow than that notice has to come or why have a review process?
 
Truthfully, I have not found them to be unwilling to work with us on investigating copyright status of an image or considering our objections, and that seems most fair on their part.  
Personally I think they have the ultimate right to reject a card for any reason really, since we do submit our cards for consideration to be included on their site. We are enterprising contributors to their business, not hiring them to promote our work.  
 
I can see you have strong opinions and that is to be commended, if you don't stand for something, you'll fall for anything Grin and I think your knowledge is very useful to GCU and artists such as myself with little knowledge of copyright law. I think if you can accept that GCU is still growing and developing at this point, and that this is an opportunity for artists such as yourself to assist GCU in moving forward you'll find satisfaction in your efforts rather than frustration.
I have seen many improvements in my time here that were initiated by discussions like this. They do listen and they do makes changes, it just seems to take time.
 
Pamela
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Robin_145428
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Re: Can I use this???
Reply #22 - Jan 14th, 2011, 11:35am
 
undecided I saw Alot of AIW cards actaully useing the name too.
Sooooooo,, I'm goign to submit it and see what happens. Wish me luck guys,, and thanks for all the input also Smiley
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Susan_142450
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Re: Can I use this???
Reply #23 - Jan 14th, 2011, 11:43am
 
Good Luck Robin! Smiley
Let us know how it turns out!
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Mindy
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Re: Can I use this???
Reply #24 - Jan 14th, 2011, 2:25pm
 
First, thank you Robin for putting this out for question before investing too much time.  It is a good idea when in doubt.  
 
This topic has brought up quite a few things...
 
Arbitrary:
def: Based on random choice or personal whim, rather than any reason or system.
 
We may be wrong or off base sometimes but certainly not arbitrary.
 
Although our review team is not trained as copyright experts they, as artists themselves, use their experience and the resources available to them to do cursory due diligence.  We expect all artists to do the same - to research what they can and cannot use and provide the review team with such supporting findings.  From there our team will dig a little deeper if needed, perhaps confer with other reviewers and with GCU's conservative posturing make a decision.  Unfortunately the research, findings and application of is not always so clear and varies case by case.
 
We do keep a reference of lessons learned.  And although our review team members do familiarize themselves with cards approved & declined with GCU pushing 500,000 cards it is not an easy task to catalog or recall.
 
Ok, on to the real topic at hand, AIW.  As many artists have indicated, the rights to the character is ok.  The use or copying of another artists specific work ie: Disney's, is not allowed.  So as best we can tell at this time Robin's original creation and the use of terms "Alice in Wonderland" is permitted.
 
A related article of interest:
http://www.techdirt.com/articles/20070219/015211.shtml
 
Brought up by Tom Rent's recent research of the review process is has been suggested that perhaps we identify artists who can step in as a specialty review team member and contribute with certain skills ie: 3rd party images, copyright/trademark issues, etc.   This would speed up the overall review process.
 
Would any of you who seem to be well versed in this area be interested?
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Ernestine_131365
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Re: Can I use this???
Reply #25 - Jan 14th, 2011, 7:50pm
 
Quote from Mindy on Jan 14th, 2011, 2:25pm:
. . . Brought up by Tom Rent's recent research of the review process is has been suggested that perhaps we identify artists who can step in as a specialty review team member and contribute with certain skills ie: 3rd party images, copyright/trademark issues, etc.   This would speed up the overall review process.

Would any of you who seem to be well versed in this area be interested?

 
Would these "contributors" be paid review team members?  Many professional artists pay big bucks to copyright litigators for this legal information.  I know we are supposed to be "one happy family" here and expected to share all of our varied expertise with all . . . and some have the time and the where-with-all to do such and it is greatly appreciated.  But. . . the bottom line is that GCU is trying to keep itself and its artists out of legal hot water.  The decisions should be made on legal precedent not reviewer whim or arbitrary knowledge.
 
'e'
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Susan_142450
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Re: Can I use this???
Reply #26 - Jan 15th, 2011, 5:59am
 
Quote from Ernestine_131365 on Jan 14th, 2011, 7:50pm:
Quote from Mindy on Jan 14th, 2011, 2:25pm:
. . . Brought up by Tom Rent's recent research of the review process is has been suggested that perhaps we identify artists who can step in as a specialty review team member and contribute with certain skills ie: 3rd party images, copyright/trademark issues, etc.   This would speed up the overall review process.

Would any of you who seem to be well versed in this area be interested?


Would these "contributors" be paid review team members?  Many professional artists pay big bucks to copyright litigators for this legal information.  I know we are supposed to be "one happy family" here and expected to share all of our varied expertise with all . . . and some have the time and the where-with-all to do such and it is greatly appreciated.  But. . . the bottom line is that GCU is trying to keep itself and its artists out of legal hot water.  The decisions should be made on legal precedent not reviewer whim or arbitrary knowledge.

'e'

 
I agree with Ernestine. Though I have quite a bit of  knowledge on the copyright subject, I am not a copyright lawyer. Ultimately, if there's a question, individuals and GCU should research the subject and get real expert answers. (File under: I'm not a lawyer, but I play one on TV.  Wink )
 
Though I participated in Tom's survey & admire his step-up-to-the-plate attitude, and I'd be be happy to apply for a paid reviewing job, for GCU to hire (or have on retainer) anything less than an absolute expert(s) in the field would be foolish on their part. If something came down & there needed to be a legal defense, the time to get one's ducks-in-a-row is before the item is OK'd not after.  
 
IMO.
S
 
 
IMO
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Mindy
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Re: Can I use this???
Reply #27 - Jan 20th, 2011, 4:28pm
 
Just throwing the idea out there.  The original idea did not include pay - the time commitment is estimated to be minimal, it would not be considered as an "expert opinion" but educated opinion however any of that is up for discussion.  Understand where you're coming from though.
 
Ultimately the idea of the entire review process is for it to be community managed.
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Mindy
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Re: Can I use this???
Reply #28 - Jan 21st, 2011, 4:05pm
 
Quote from Mindy on Jan 14th, 2011, 2:25pm:


Ok, on to the real topic at hand, AIW.  As many artists have indicated, the rights to the character is ok.  The use or copying of another artists specific work ie: Disney's, is not allowed.  So as best we can tell at this time Robin's original creation and the use of terms "Alice in Wonderland" is permitted.

A related article of interest:
http://www.techdirt.com/articles/20070219/015211.shtml


 
*UPDATED* - based on these findings, unless our community experts point out differently to us  Roll Eyes, the phrase "Alice in Wonderland" is under protection by Disney:
 
This new application submitted (11/23/10) for stationary specifically:
http://www.trademarkia.com/alice-in-wonderland-85184148.html
 
And all related ones:
http://www.trademarkia.com/trademarks-search.aspx?tn=alice+in+wonderland
 
However we will allow the phrase "Alice's Adventure in Wonderland" which is the name of the novel.  You should likely combine with other related terms like: Alice, fantasy world, fable, Lewis Carroll, etc.
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