Of fandom and intellectual property (but not like you think)

[sophie_448]

I know you don't see me around SPN fandom much anymore. Okay, okay, at all really. (I'm not dead, I'm resting!) But something's come up that I think as many people as possible should be aware of.

So, you know Zazzle, right? (Like CafePress only better, but less successful). Well, eons ago (I'm fairly sure it was mid 2007) I created some

Comments

[missyjack]

Yes entirely skeevy. i think its a case of where being a big corporation will win out. i suspect that at some point WB may have taken out a copyright on the word - possibly because commerical merchandisers started using it. The history of the use of the term on merchandise can be found here.

You don't have to create something to copyright it - eg companies copyright particular colours or general words eg Apple) associated with their brands. It sucks of course, esp when there is no threat to the companies profit. And look at all the stuff on eBay that uses photos from the show on keyrings etc!

eta I remember years ago anteka had a claim from the WB agianst some stuff she had on Cafe press - i think it was a black silhouette of the car!!

[sophie_448]

Oh, I have no doubt the big corporation holds all the cards in this situation. Like I said, I know next to nothing about copyright law, but I do think it's generally the case when it is something unique like this, that strictly speaking they would need to obtain the rights from the original creator. I don't know about elsewhere, but in the US, I believe things like colors and "Apple" tend to be trademarked rather than copyrighted for exactly that reason, although I don't know what the difference would be in terms of enforcement.

Oh, that's interesting! It seems like if anyone could make that claim it would be Chevy.

[missyjack]

I just thought that the other factor here may be the band Metallica!

I checked and their music is under license to Warner Brothers, so the claim may have come from that direction rather than Supernatural.

[sophie_448]

I did wonder if that could be a factor, but their email back to me did specify that it was Supernatural specifically.

[missyjack]

oops yes. Actually seeing TWOP where the term was coined was the first to use it on merchandise, maybe Bravo who own TWOP could claim ownership. They may have sold it to WB I suppose.

[sophie_448]

Hmm, yes, I suppose they could have. Although I still kind of want to demand to see their paperwork trail (not that I could). If that's what happened it's an unfortunate reminder that the things we think are "ours" on the internet may not be. :-/

[missyjack]

I suppose of course WB could argue they give us pretty free rein to play with their creations (not that I think it makes what they did right).