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CafePress Pulls Hypnobama

CafePress has pulled my Hypnobama logo several times. When I emailed them to find out why, I received the following response:

FROM: Cafepress.com Content Usage Team
TO: Me
DATEe Thu, Feb 14, 2008 at 1:02 PM
SUBJECT RE: Re: Pending Images in Media Basket (LONGCODE)

Dear Me,

Thank you for contacting CafePress.com!

Unfortunately, we will be unable to restore your image, which is in Pending Status at this time. Your use of the strong likeness to that of the Obama Logo is problematic as it may infringe on the copyright of the owner of the property.

A Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished.

As you may know there are two distinct Intellectual Property Rights (copyrights) in the artwork that you create. The first Intellectual Property Right belongs to the party who created the artwork or design. The second Intellectual Property Right belongs to the individual or business that owns the rights to the content being depicted in the artwork.

For example, if you create a design that looks similar to Mickey Mouse, even if you own the rights to the artwork or drawing, you may not own the rights to utilize the likeness of Mickey Mouse. Therefore the use of Mickey Mouse for sale of merchandise in this example may infringe on the rights of Disney.

Similarly, your use of Obama Logo may infringe on the rights of the individual or organization that holds the Intellectual Property rights to the content.

With this said, if you have any specific information or rights to use the designs that are currently set to pending status in your account, please let us know. Otherwise, we cannot allow the sale of your content through the CafePress.com service.

For more information regarding our Content Usage Policy please visit http://www.cafepress.com/cp/info/help/cup.aspx .

We apologize for any inconvenience that our actions may cause you.

Your ticket code is LONGCODE. Please use this code in any further communication.

Best Regards,

[Name]
Content Usage Associate
(650) PHONE (O)
(650) FAX (F)
www.cafepress.com

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Disclaimer: The information contained in this email is provided solely for informational purposes and does not constitute legal advice. CafePress.com is not a law firm and is not a substitute for an attorney. If you require legal advice, please consult an attorney who is authorized to practice law in your jurisdiction.

I emailed the Obama people but, unsurprisingly, received no response. Can anyone save Hypnobama?



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One Response:

  1. New York Anthony Says:

    I got mine in the mail a few weeks ago. I like it a lot.

    [.]

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