i'm fuming

[yummy-mummy-amy]

hi,

i am fuming! i have received an email telling me i have to remove my website due to copyright of the elf tradition!

my elf is NOT a genuine elf tradition elf and is therefore going against the site concerned and basically promoting that you can use any elf not a proper 1. AND any site that has links to elf traditions and mischief are likely to be following suit!

 

[Kim Loves Snow]

Amy - Hmmmm. Talk to Mel - she had someone say something similar to her about something on her blog. You are not selling anything, right?

 

[yummy-mummy-amy]

Amy - Hmmmm. Talk to Mel - she had someone say something similar to her about something on her blog. You are not selling anything, right?

nope, not selling anything. the site is about bertie - who he is and what he has done with the family.

i seem to have come to an agreement with the site who complained - i will remove the page about the tradtion and re-name the elfcapades page.

thing is i'm not the only person that has a website/blog or takes about the activities. i have a list as long as my arm of sites and blogs that are all swapping ideas and talking about stuff.

we will see what happens!


ps - who is mel?

 

[Kim Loves Snow]

Mel=Happy2BMe

 

[luludou]

Ginger had some problems too at one time.

 

[happy2bme]

Hi Amy,

This is Mel - I would be fuming too, this isn't right.

Can this company prove without a shadow of a doubt that they are responsible for the start of the elf tradition? Do they own the copyright?

Not likely.

Unless they can, I would not remove ANYTHING from my blog. You are writing about your personal elf and your personal experiences with him. As you said there are many, many blogs and sites that are doing the same as you are. Are they being harassed? Who knows, but I doubt it.

It sounds like this company is afraid it is going to lose money because people aren't going to buy whatever it is they are selling. They think they can bully the little guys and people will do whatever they demand.

Now, if you are comfortable with the agreement you made with them, then make the changes and forget about it.

Personally, I would not change a thing and if they want to take this to the next level - let them. From what I can see, they don't have a leg to stand on.

FY - I am not a lawyer or anything, just someone who has dealt with a situation like this, but on a much smaller scale. I stood my ground and called his bluff. Problem solved.

 

[yummy-mummy-amy]

thanks.

they have said they do own the copyright of the elf tradition and elfcapades. so i told them i will remove the page about the tradition as that was compiles with info from about 4 different sites - theres wasnt 1 of them! and i will re-name the elfcapades as berties activities with the family - i told them i have photos of most of what he has done and what he hasnt done have come from friends.

i'm not selling anything just trying to let my family and friends know about the elf.

the funny thing is they have offered to send me 1 of their elves free if i pay postage - wouldnt be an issue if i was in USA but i'm not paying over £40 postage to uk.

 

[Gingerbug]

Hmmm....i can guess the site...I haven't personally had them say anything to me but it was a tiny issue back at OC several years ago.

I do not believe they can copy right the "idea"....using an elf at Christmas...they can copy right a logo and perhaps a name....such as calling it Elf Magic (for example).....But the words themselves are pretty generic and found and used across many sites. This idea has exploded across the internet and there are more and more sites going up everyday. Many of them are sites that sell things. To me that is a bigger issue for this person than just blogs etc that speak of the tradition but then its their business who they decide to target.

I do know at one time we tracked the elf tradition and it was in existence before the complaining site started doing it...might not have been "copyrighted" however. That I do not know and honestly do not really care. I don't do anything with it to make money in particular....its just fun sharing stuff.

As far as the term elfcapades, I am unsure of its origins. I did use it on the Magic ELf site because at that time I thought it came from one of our members. Only recently have I discovered it used on a particular site BUT it is also used on numerous blogs and other places soooo.....I'm not clear if it is now used so widely as to be denied copyright protection or not....

Either way I will just go to my blog and change it to some other name (better safe on something that small) It doesn't really change the nature of the page or information. Have to put on my thiking cap and come up with something fun...any ideas? Because right now I am drawing a blank.

They offered to send you an elf because they want you to blog about and thus promote their particular elf. It's good FREE advertising for them....in my mind that is a relationship that uses the blogger for someone else to profit. It's not a symbiotic relationship where both parties prosper unless of couse you count your "free" elf as your profit. I don't blog about just ONE kind of elf. I blog about and write ideas for using all types of elves.

Here's another thought for you...where did the idea of using reindeer to supllement this tradition come from? Because this site did not have reindeer before and now they do. It is my opinion that they saw it somewhere, found it to be a cute idea, and encorporated it into their business. Not illegal, Just good business sense but it does sit wrong with me to then turn around and cause problems for non business owners about this ...will they next say the same thing about reindeer use? IDK

So I'm off to change the title of the MHH page that shares elf ideas....can't call it elf mishchief either I suppose because that term is also used by that particular site...although I doubt it can be copyrighted....whatever. I have written about these elves before BUT now I will NOT include them in my blogs...just on the principle of it...AND that I am entitled to do as a blogger...I don't HAVE to write about anyone's particular product and I won't BECAUSE .....its my right! Call it a boycott of blogs about this product...call it me being a B.....I don't care what you call it...lol

 

[Gingerbug]

PS: If they can change the English language....making elfcapades out of escapades.....so can I.....

I will call the page elfventures (a mix of elf and adventure) unless I come up with a better idea....PLEASE feel free to use the term if you like....

 

[yummy-mummy-amy]

thanks gingerbug. it may be who you think i dont know, but i'm not naming.

i cant take them up on there offer of elf as i said. i'm not prepared to pay that much for shipping.

my elf is nothing like theirs, and in my pics there is a reindeer, bart simpson, spiderman etc. i think i just got unlucky by them finding my site BUT its in the process of being altered.

elfcapades is now "my activities" as i cant think what else to call it. any suggestions???

 

[Gingerbug]

FYI....your blog still shows Elf-capades in the title bar.

I'm not asking you to name the site...I didn't name it either....just provided some examples....but then its not against the law to name it...as I wrote...these are MY OPINIONS....and thus protected under FREEDOM OF SPEECH in the U.S.A. (ha)

You can use elfventures if you want and I'll also keep thinking...I'll let you know if I come up with something else.

 

[yummy-mummy-amy]

yes i know the website still says it. as i told the guy it wont be altered until this eve when hubby gets home from work - he is a trainee web designer so knows how to do it etc. but thanks for telling me.

elfventures is cool, as long as you dont mind me using it. x

 

[yummy-mummy-amy]

i'm sorry if i have upset or offended anyone with this thread i will ask for it to be deleted.

amy

 

[happy2bme]

Amy,

I can't imagine why you would think anyone is offended or upset. You have brought up a very valid concern and hopefully, you found some resolution to the problem.

I don't think there is any reason to delete the thread.

 

[Gingerbug]

I agree...it's a valid concern. hasn't upset me and may have saved me some grief....I changed the name of my page too and eliminated the elfcapades part so there isn't a possibility of copyright violation.

Has someone made you feel as if it is upsetting or needs deleting? If you prefer it deleted I will do so...but it may serve as a warning for others that may experience the same problem and thus (like me) they can head it off my changing the terms they use etc.

Let me know what you wish.

 

[yummy-mummy-amy]

i have re-read all the replies and i mis-read 1 of them.

as long as no-one is upset leave it on to warn others, as you said you have changed your site, so others may do as well.

 

[RadioJonD]

I'm RadioJonD and I approve this thread!

That is, until someone copyrights the screen name RadioJonD and tells me I can't use it! Perhaps I should before it really happens.

 

[jackfrosty]

ROFL JonD!
I think it's a good thread-you aren't slamming anyone by name and we need to know there are bullies out there. Thanks!

 

[FrostyShimmer]

Aww, that's terrible. Seems you always have to walk on eggshells these days.
Hmm....names are hard.
Elfplay? Elf Antics? Elf-jinks? Elf-foolery?

 

[momiilu]

This totally stinks... funny my blog magic elfcapades has not been noticed? anyhow a few ideas to use instead
Elf-n-Around
Elf Tales
Elf Antics
*kind a diggin the Elfventures*
Elf Mischief