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A slightly edited version...
Jun. 12th, 2003 10:30 amThis morning, I was saddened to read that one of the Yahoogroups that I'm subbed to had decided to pull down their cafe press store because they thought that CP was about to claim ownership of the art, etc., that they've uploaded to CP for sale on products.
Below is a slightly edited version of what I posted to that Yahoogroup:
CP is not claiming ownership of anything that Cafe Press members upload to the site.
They are obtaining a license to the art, etc., so that they can maintain the site, and they are saying that they can use art, etc., in their own promotional materials (royalty free) if they credit the artist, but nowhere do they claim ownership of the copyright or trademark contained in any artwork that they host.
What CP members will be granting is "a non-exclusive, royalty-free right, during the term of this Agreement, to utilize your existing trademarks, trade names, designs and logos (collectively referred to as "Party Marks") in connection with the advertising, promotion, production and sale of the products and services you choose to sell in accordance with this Agreement."
What does this mean?
Basically, it means they can host your products - they don't have to pay royalties to you for doing so, and they can archive your stuff for backup purposes, or they can showcase it on the front page of the Cafe Press site without getting your permission.
The agreement says "CafePress.com will not represent ownership of any of your designs." How much clearer can it be that they are not claiming copyright ownership in any of the designs that people upload to their site?
Maheesh, one of the execs at Cafe Press, posted this in the Support forum: We still hear a lot of confusion - so if you are confused - we strongly encourage you to speak to one of our great Shop Advisors - they are a toll-free call away. Just call 1-877-809-1659.
Everyone, if you aren't convinced by my analysis that CP isn't trying to claim ownership in what's uploaded in the Armchair Shop, please, call their Shop Advisors and get the reassurance you need directly from them. Don't ditch the shop because of some scuttlebut and rumors - they're not true and they're not accurate, and the people doing the analysis are not IP attorneys.
I also just read this: http://pub80.ezboard.com/fcafepressstoreownersforumfrm28.showMessage?topicID=29.topic - I really recommend reading it, for a full explanation by CP of what the agreement says.
Now, I do understand why artists who use CP to sell, say, posters and calendars etc. might be uncomfortable with CP using their images for any purpose on a royalty free basis, but for those of us who use CP to sell "self-identification" stuff (say, to allow people to buy Nimbus - 2003 mugs, or to have a t-shirt on hand to wear to an OoTP party) it's not as significant an issue.
: returns to fandom leave
Below is a slightly edited version of what I posted to that Yahoogroup:
CP is not claiming ownership of anything that Cafe Press members upload to the site.
They are obtaining a license to the art, etc., so that they can maintain the site, and they are saying that they can use art, etc., in their own promotional materials (royalty free) if they credit the artist, but nowhere do they claim ownership of the copyright or trademark contained in any artwork that they host.
What CP members will be granting is "a non-exclusive, royalty-free right, during the term of this Agreement, to utilize your existing trademarks, trade names, designs and logos (collectively referred to as "Party Marks") in connection with the advertising, promotion, production and sale of the products and services you choose to sell in accordance with this Agreement."
What does this mean?
Basically, it means they can host your products - they don't have to pay royalties to you for doing so, and they can archive your stuff for backup purposes, or they can showcase it on the front page of the Cafe Press site without getting your permission.
The agreement says "CafePress.com will not represent ownership of any of your designs." How much clearer can it be that they are not claiming copyright ownership in any of the designs that people upload to their site?
Maheesh, one of the execs at Cafe Press, posted this in the Support forum: We still hear a lot of confusion - so if you are confused - we strongly encourage you to speak to one of our great Shop Advisors - they are a toll-free call away. Just call 1-877-809-1659.
Everyone, if you aren't convinced by my analysis that CP isn't trying to claim ownership in what's uploaded in the Armchair Shop, please, call their Shop Advisors and get the reassurance you need directly from them. Don't ditch the shop because of some scuttlebut and rumors - they're not true and they're not accurate, and the people doing the analysis are not IP attorneys.
I also just read this: http://pub80.ezboard.com/fcafepressstoreownersforumfrm28.showMessage?topicID=29.topic - I really recommend reading it, for a full explanation by CP of what the agreement says.
Now, I do understand why artists who use CP to sell, say, posters and calendars etc. might be uncomfortable with CP using their images for any purpose on a royalty free basis, but for those of us who use CP to sell "self-identification" stuff (say, to allow people to buy Nimbus - 2003 mugs, or to have a t-shirt on hand to wear to an OoTP party) it's not as significant an issue.
: returns to fandom leave
