Thursday, February 14, 2013

Zazzle, Fender, and Copyright Issues

Earlier this month Zazzle sent out an e-mail about some copyright issues with Fender (a company which sells guitars).  I hadn't mentioned it earlier because there was a few things I wanted to clarify with Zazzle first about it...but now I have so I'm writing.  Scroll down to read both Zazzle's clarification, and my thoughts on this.

We have some important news for you all. Zazzle has been contacted by legal representatives from Fender, due to an infringement claim. There are multiple reasons that products will be removed from our site, and we will be listing those below.
At this time Zazzle must abide by all requests for product removals due to this claim, products will be removed starting at Midnight tonight, Jan 30th. Below are the models we will be removing for your reference

The aforementioned models are:
·         Stratocaster
·         Telecaster
·         Jazzmaster
·         Jaguar
·         Mustang
·         Jagmaster

Anything on the following list can be cause for removal:

· Brand Name


· Model Names


· Headstock Design


· Instrument Body Shape


· Anything on the website that includes a reference to these Fender models will be removed; images, tags, titles, descriptions etc.


We do realize that for some of you, many products will be removed. We are sorry for this and do not wish to cause you frustration or inconvenience with the removal, we simply must abide by this request and as a conscious business we are trying to make these as easy for our Sellers as we can. We hope that this proactive approach will result in an amicable solution for all parties involved.


You may make modifications to your products should they contain anything that would cause the item to be removed. Again this must be done before midnight tonight or the product will be removed. 


Thank you all for your understanding and compliance.
 
The ProSeller Team
Becky & Tamara


Now, some people were talking about this letter over on the Zazzle Shopkeepers Facebook Group, and were worried that ANYTHING tagged with mustang or jaguar would be pulled, even if the design pictured an animal, not a guitar.  I was pretty sure that wasn't the case...that those things wouldn't be pulled, just guitar pictured tagged as such.  But I contacted Zazzle about it anyways, and they confirmed this...here's what they wrote:

Unfortunately, due to intellectual property claim by Fender Musical Instruments Corporation, we are unable to carry designs which infringe upon their rights. This includes images of their guitars, headstock design, and word marks. If the product design contains an image of their guitar and contain "Fender Jaguar" in the description/keyword, it would indicate the product is referencing their brand.
The terms "jaguar" and "mustang" may be used if the product is not referencing their instruments. For example, and image of a jaguar (animal) may use keyword/description "jaguar".
If you have any further questions, please don't hesitate to contact us.
Thanks for using Zazzle. We look forward to seeing more of your creative designs!
----------------------------------
Best Regards,
Mike
Content Management Team

Out of curiousity, I wrote a friend who is a both an artist and guitarist and a fan of Fender guitars.  I thought what he wrote back was interesting  (and I'm pretty sure he won't sue me for posting it)...

Well, this IS interesting... It's a complex issue. For you to have a trade mark claim, you have to defend your trade mark rigorously. When they created their iconic instruments in the 50s, they had a legitimate claim. The consensus in the industry with respect to body shape is, too little too late. Fender has let Asia knock off those body shapes for at least 50 years. However, the Spaghetti and Brush logos, and the headstock design ARE distinctive, and relative un-polluted, so I think they do have a legitimate claim.

So, two things are at work here, they MUST defend the trademark AND they have learned how lucrative the accessories market can be. And they know lawyers who know lawyers.

So, my personal take... As an artist, I think we are on shaky ground when ever we use some one else's work to make a product that we profit from. I do wish they would come up with a reasonable licensing policy for people who manufacture things that FMIC generally does not, like stationary, so fans could have access to that. What I find sad is, there are some things that may have legal legitimacy, like parody or fair use, that I am sure Zazzle does not have the money and lawyers to fight for, so it all comes down because it's easier. I don't think "it's easier and cheaper" has any place in the pursuit of justice. Sadly, our national leaders clearly do. As a musician, I generally love their instruments and am inclined to own a few. So, that ought to be enough to at least start a dialogue.  
- Brian Norwood (Artist Website, Reverb Nation Page)

Now, for my thoughts.  While I think that they do have a legitimate right to protect their brand and their product from infringement,I'm not sure that artwork or photography depicting their guitars should qualify as a legitimate infringement, especially if the main focus of the artwork or photo is not the guitar, but something else (a musician playing a guitar that happens to be a Fender, for instance).

Here's the issue for me...while part of a fender guitar's appeal is most certainly aesthetic, and you could even call it's shape artistic, its main purpose in not purely aesthetic or artistic.  In essence the product is a musical instrument--so to defend it's trademark and patent it should not have to defend against people making images depicting their guitar to rightly maintain their right to be the only guitar maker who makes guitars in that shape and style.

However, I know that accessories such as t-shirts featuring their guitart could be a huge money-maker for fender, so I do see how there could be some legitimate claim to loss of revenue there.  But I'm a little concerned about what that could mean  for artists and photographers if that was actually upheld in court.   It could essentially mean that any time any artist painted or photographed any REAL object that was manufactured by a company in the last 90 or so years--whether that was a car, a toaster, a house, a piece of furniture, or a bottle they found on the beach--that they could possibly be breaking copyright law.  THAT is a scary prospect. 

I am a fan of copyright for it's protection of artists...I'm not anti-copyright.  But I do think that limitations need to be places on copyright more than there are now.  And those need to be spelled out in LAW, not just in the courts, because there is too much that is too vague and the courts are an expensive place for "the little guy" to test these waters in.  I've written Zazzle and Fender about this not because I have one iota at stake here (no guitar, jaguars OR mustangs in my shop), but because I can see where this type of thing could be heading.  My next step is writing my congressmen and senators about adding some common sense restrictions on copyright law.


...

Side note:  While I prefer Zazzle to CafePress on many, many things as a shopkeeper, fighting frivolous claims of infringement, while Zazzle just pulled stuff  (not that this particular case if frivilous).  A prime example is the GOP, who asked both these companies to take down a VERY BROAD array of stuff.  Zazzle just took the stuff down, while CafePress (and Screened I gather) fought it and won (see article here).  That's not the only case I know of, but it's a good example. 

Monday, February 11, 2013

POD Giveaways

I like to share giveaways from various print on demand services and POD shops  I find here.  If you know of any others, please leave a comment and let me know and I'll share it here as well.


POD Artist Giveaways

Gift Set From Floating Lemons (2/14) - Zazzle

The Spinsterhood Diaries (2/24) - Zazzle

Celeste Thorson - Languages of Love Magnet and Bag* (2/28) - Zazzle
(Though this one seems like it's over already...scroll to the bottom and you'll see there's still those two prizes to enter for...until the 28th at least).

 

CafePress Giveaways 

$25 CafePress CG at 3 Boys and a Blog (2/14)

$25 CafePress GC at Arizona Mama (2/14)


$25 CafePress GC at Little BGCG (2/16)

$25 CafePress GC at Koupon Karen (2/18)

$25 CafePress GC at Mommy's Favorite Things (2/18)

$25 CafePress GC at Lost and Tired (2/19)

$25 CafePress GC at Kat and Kaboodle (2/19)

$25 CafePress GC at Kara's Deals (2/22)

$25 CafePress GC at If Only Live Could Be That Simple (2/22)

$25 CafePress GC at All About the Mommies (2/22)

$25 CafePress GC at Happy Hippy Mom (2/24)

$25 CafePress GC at Obviosly Marvelous (3/4) 


Zazzle Giveaways

Zazzle Mug (2/21)



If you know of another giveaways by a PODs or POD artist please let me know and I'll add it!  If you would like to sponsor a giveaway on this blog, please e-mail me at ecarian@yahoo.com.

Saturday, January 26, 2013

Zazzle Spain

Just was checking out Zazzle.es to practice my Spanish, and IMHO Zazzle needs to re-think their front page choices for Spain.  Here's some of the products I found featured there:



OK, their "Cosas Nuevas" (New Things) look fine, but the Crea Tu Producto section  (Create a Product?)...really?  They couldn't find any more interesting templates than "Your Image Here" to feature?   And since that's not even in Spanish...well, you can see the problem.  Makes me re-think some of my photo template designs that have "Your Photo Here" in stead of a cover photo in the frame.  I wasn't thinking of how that would translate (or not translate) to other languages. 

Anyways, just kinda made me chuckle.  Really makes me appreciate how they've re-done the front page on the US version of  Zazzle.com. 

Friday, January 18, 2013

The Facebook 20% Rule

I gather facebook recently changed the rules regarding Cover Photos on business pages--Text in your photo can now only cover 20% of the area.  So what does that look like?  EosGrafx provides a tutorial here on how to make a graphic that  conforms to the new rules.

Tuesday, January 15, 2013

POD Giveaways

One regular feature I'd like to have here is giveaways from various print on demand services and POD shops.  Here are some POD giveaways I found online...


POD Artist Giveaways
These giveaways are for items from individual POD artist shops.

Scribbleprints Stickers + Ad Space/Other Stuff (1/20) - Zazzle

A Better Me Day By Day Tote Bag (1/22) - Zazzle 

Original Custom Logo, Mugs and Print by  AbundanceLoveTrip (1/31) - Zazzle



CafePress Giveaways 
These giveaways can be used for items in the CP marketplace


CafePress iPad Case at Sammi's Blog of Life (1/17)

$25 CafePress CG at Susy Homemaker (1/18) 

$25 CafePress GC at She Scribes (1/18)

$25 CafePress CG at Missi Rose's Coupons (1/18)

$25 CafePress GC at Mamma in Flip Flops (1/21)

$25 CafePress GC at Pandora's Deals (1/21)

$25 CafePress CG at Lucky Ladybug (1/22)

$25 CafePress GC at Party of Three (1/23)  

$25 CafePress GC at And the Little Ones Too (1/25)

$50 CafePress GC at Baby Loving Mama (1/25)

$25 CafePress GC at Learning to Limit (1/27) 

$25 CafePress GC at Peanut Butter and Whine (1/30)

$25 CafePress GC at Thrifty Ninja (1/31)

$25 CafePress GC at Moms Review 4 You (2/1)

$25 CafePress GC at Our Crazy Boys (2/3)

$25 CafePress GC at Bless Their Hearts Mom (2/3)
$25 CafePress GC at Cookies and Clogs (2/3) 

$25 CafePress GC at Misadventures of a First Time Mom (2/3)

$25 CafePress GC at Cookies and Clogs (2/4) 

$25 CafePress GC at Frugal Plus (2/4)

$25 CafePress GC at Mommy Wants Freebies (2/4)

$25 CafePress GC at Cheerios & Lattes (2/5) 

$25 CafePress GC at Blogfully.net (2/7)

$25 CafePress GC at Kiddies Corner Deals (2/7)

$25 CafePress GC at As Mom Sees It (2/8)

$25 CafePress GC at A Mom's Take (2/8) 

$25 CafePress GC at Mama 3 Munchkins (2/11)

$25 CafePress GC at The Crazy House Reviews (2/11)

$25 CafePress CG at 3 Boys and a Blog (2/14)

$25 CafePress GC at Arizona Mama (2/14)


Zazzle Giveaways

Zazzle Mug (2/21)



If you know of another giveaways by a PODs or POD artist please let me know and I'll add it!  If you would like to sponsor a giveaway on this blog, please e-mail me at ecarian@yahoo.com.

Friday, December 28, 2012

New Squid-Rules for Sizing Zazzle Images

Hello!  I know a lot of Zazzlers also use Squidoo, so I thought I'd share a squidoo tip for posting Zazzle products on Squidoo today. For those who aren't travelling here by blog hop and don't know what Squidoo is, it's just a place where you can make nifty little web pages about any topic you choose, and maybe earn a little money for yourself or a charity in the process.



As you know if you've been reading this blog, you can easily grab Zazzle product images and resize them as you please.  (Click here to learn how to do this.)  In Squidoo the <DIV> attributes (in red in my article) are automatically removed.  I usually remove them before hand so I can line everything up. 

If you happen to want to put these images on Squidoo, module sizes have recently changed, and this sizing guide may help:


New Text Module Size:  714 pixels

1 Product Picture - While you can go up to 714 pixels, I suggest 499 pixels to avoid getting a watermark. 

2 Product Pictures - 357 pixels each

3 Product Pictures - 238 pixels each

4 Product Pictures - 178 pixels each


Note...if you would like to center these you can use the following code in Squidoo:

<p align="center>
(Your product code here)
</p>

Rows of 1, 2, and 3 products fit the width exactly though, so centering should not be necessary.

Another way to ad Zazzle products to Squidoo is with the following widgets.  I don't know whether these still work well with the recent changes, but they do have some nice features like adding a "buy" button.

Zazzle to Squidoo Tool
A handy tool to help make adding multiple squidoo items to your lens easier and quicker.
Zazzle to Squidoo Tool | J32design.com
Integrate your Zazzle products quick and easy with the Zazzle to Squidoo Tool.


Grabbing Zazzle Images, and Resizing Them

Zazzle makes it very easy to grab images from their site.  There's a link button on each product page that lets you grab code to paste on your website or blog  (on some pages it's under "Share This").


Here is an image I grabbed without changing the code...
Scribbleprint Clover Sticker
Scribbleprint Clover Sticker by scribbleprints
See more Clover Stickers

Below is what that code looks like.  I've colored it for clarity.  The red code is what makes this centered (and does some other formatting which I haven't figured out the importance of).  The purple code is what turns the picture into a link.  The green code is the image code, and the bolded part is the image URL.   The code in blue is the text under the sticker. 

 <div style="text-align:center;line-height:150%"> <a href="http://www.zazzle.com/scribbleprint_clover_sticker-217936943026651546?gl=scribbleprints&rf=238984407003792011"> <img src="http://rlv.zcache.com/scribbleprint_clover_sticker-p217936943026651546en8ct_325.jpg" alt="Scribbleprint Clover Sticker" style="border:0;" /> </a> <br /> <a href="http://www.zazzle.com/scribbleprint_clover_sticker-217936943026651546?gl=scribbleprints&rf=238984407003792011">Scribbleprint Clover Sticker</a> by <a href="http://www.zazzle.com/scribbleprints*">scribbleprints</a> <br /> See more <a href="http://www.zazzle.com/clover+stickers?rf=238984407003792011">Clover Stickers</a> </div>


Now lets look at just the image URL.  

http://rlv.zcache.com/scribbleprint_clover_sticker-p217936943026651546en8ct_325.jpg 

Notice the number right before the jpg.  This is the pixel size.  Below, I've changed that pixel size to 200.
 
 Scribbleprint Clover Sticker 

Now, you can make any Zazzle image as big as 499 (after 500 they put a watermark over it) or as small as you want.