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  • Jan 31st, 2013 @ 11:40am

    cafe press fair use (as Art_T)

    I have had a series of anti corporate products at cafe press for years. Both Monsanto and Blackwater (now Xe) have made attempts at pulling the designs ( which include their logos or distorted versions of such). Cafe press let me know, and sent me a notificaton each time, giving me the option to remove the art myself. After I called the provided number and talked to the cafe press person (the first time this happened), who explained the situation, I chose not to remove my art.

    At that, cafe press sent a legal response to the company, quoting chapter and verse from particular cases supporting my use of their names and logos as political speech. In two different attempts by Monsanto, and one by Blackwater (Xe), the corporations backed down, and my products have been selling for years. I have yet to have any art pulled from cafe press.

    I can't say enough about cafe press and their support for fair use. I did not need to plead or argue, and they had the case work on file and sent it without me having to demand my rights. I wish they had the modern online functions of Zazzle, a better share on their "marketplace" sales, and the high tech production and product line Zazzle has - but my experience shows me I am secure in their support of speech and fair use.

    After reading about Zazzle, I have to wonder if the fancy gadgets and products are actually worth the hassle. Hardly seems a good choice to have the best product line, if the shop will be closed at the first complaint. The law is NOT that complicated, and most complaints are simply attempts to widen the corporate turf into areas that are NOT protected - in other words: bullying (my brother worked for the firm protecting Disney for a while - so I know how typical this is). From the stories, Zazzle appears to be either lazy, gutless, or both. Not someone you want to build with - a shaky foundation, so to speak.

    Just to be fair, does anyone know of a story of Zazzle SUPPORTING fair use or political speech? Anyone?