Archive for the ‘Copyrights’ Category

Service of Intellectual Property—in Theater Too?

Monday, March 20th, 2023


Zurich, Switzerland. Image by Jörg Vieli from Pixabay 

I rented office space for a decade from a law firm that specialized in intellectual property. It’s big business. For years I represented brands belonging to a corporation in the top 100 of the Fortune 500 list and one of the first things I learned was how to refer to the corporate name–there was only one way, no “the” or “corporation.”

Friends who directed organizations such as the International Linen Association in addition to promoting the fabric watched out for inappropriate linen references. One example might be a textile using the color “linen” when the fabric was made of cotton or calling a line “Linen,” when it was made to look like it but was polyester.

More recently, The New York Times reported “David Stärkle, who oversees the enforcement of the Swissness legislation for the Swiss government, said that it would be misleading for Toblerone to continue to include an image of the Matterhorn, a symbol of Switzerland, on its packaging when some of its production was happening outside the country.” The wording on the packaging of the sweet treat—first made 115 years ago in Bern—will also change. It will now reference its founding in the country but will no longer be “Toblerone of Switzerland.”

Champagne can’t be used on a bottle by an adjacent region of France even if the product is as delicious and bubbly.

I get all these examples. The next one not so much.

After the movie musical “RRR” won the Oscar for the Best Original Song “Naatu Naatu” there was a kerfuffle by some about the performance on stage March 12. According to Yahoo News, even though the singers Rahul Sipligunj and Kaala Bhairava were Indians, none of the dancers were of South Asian descent nor were American choreographers Napolean & Tabitha Dumo. Lead dancers at the ceremony were Billy Mustapha who is Lebanese Canadian and Jason Glover, American.

According to Yahoo, “The two lead dancers in the song Ram Charan and Jr NTR did not perform on the award night….. Jr NTR told The Juggernaut the original actors didn’t want to take part in the performance to keep the focus on the singers.”

I saw the performance and it and the music were riveting. Check with my friends: I texted in real time that it was my choice to win. I didn’t think about who did what any more than I would have about the nationality of the actors in any show.

If the execution is superb, who cares? In fact, I most admire the famous actors who so convincingly become their characters I forget they are there. One was Robert Morse in “Tru” where he played Truman Capote. Morse was heterosexual and Jewish. Capote was neither. So? Another was Billy Crystal when he became his aunt standing on a Broadway stage with no props or costumes in “700 Sundays.”

I understand the business reasons for intellectual property. But I think that it is a shame when such specificity intrudes on theater. How many high school, college and amateur productions will be constrained should such thinking take hold? If there aren’t enough Jewish children in a class does that mean that “Fiddler on the Roof” is off the table? Did people squawk when Paul Newman played the lead in “Mr. and Mrs. Bridge” about a conservative country club couple in Kansas City in the ‘30s and ‘40s? Your thoughts?


Image by OpenClipart-Vectors from Pixabay 

Service of One Size Doesn’t Fit All: Is Etsy Too Big?

Monday, June 22nd, 2020

Photo: Greymount Paper & Press

I was in awe of the Etsy platform when it launched 15 years ago as “a virtual storefront for hipsters’ arts and crafts” as Taylor Majewski wrote in builtinnyc.com. It went public in 2015 and describes itself as “an American e-commerce website focused on handmade or vintage items and craft supplies. These items fall under a wide range of categories, including jewelry, bags, clothing, home décor and furniture, toys, art, as well as craft supplies and tools.”

According to statista.com, last year it reported 2.5 million sellers and 39.4 million buyers around the world.

I’ve loved and bought crafts for decades, promoted one of the big east coast shows for years and was thrilled that talented artisans had another vital way to expand their customer bases and generate sales.

Something happened. Carlene Gleman founder, artist and owner of Greymount Paper & Press, described her predicament in a series of Facebook postings. If her name and company are familiar it’s because I featured her in “Service of Ordering Online During a Pandemic,” last month.

Gleman claims that Etsy’s new off-site advertising program has “directly led to our artwork being repeatedly stolen.”  She found over 20 instances of theft in three months. Before Etsy introduced this new program, it had only happened once in five years.

Photo: Greymount Paper & Press

While the platform appears to be helping promote some of its successful vendors’ products without repercussions, for a business like Greymount based on an artist’s creations, it is at huge cost. She said while the company’s new marketing approach should work for furniture makers, for example, “it creates trouble for shops whose artwork can be stolen with the click of a mouse.”

With a simple fix her work wouldn’t be in jeopardy, but in the last year, the brand has begun to insist on 2,000px high-resolution images for all listings. “A thief can download, copy, and easily remove watermarks from photos with this resolution,” said Gleman. “Lower resolution images, which Etsy allowed in the past, discourage theft by largely preventing enlargement and printing.”

Sellers who generate $10,000 gross profit according to Etsy’s calculations, [they include postage in the sales total!], must participate in Etsy’s new offsite marketing program, and, Gleman reports, are excluded from the platform’s internal search engine. [You know–the toolbar that helps you find “greeting cards” or “art featuring otters.”]

Upon learning about the new program, Gleman immediately turned off all advertising for her shop, to prevent her listing images from appearing on websites thought to be resources for copyright theft.

She checked her seller dashboard after she realized that her images were being stolen from her Etsy listings. She was incurring advertising fees. “Etsy was blasting my artwork across the web without my knowledge.”

She has hired a lawyer to fight the art thieves and has turned off her Etsy shop, permanently. She now sells her greeting cards, art prints, and gifts exclusively through her own website.

“See if an artist has a website and if it’s possible purchase through them directly,” Gleman recommends. She has decided to never again sell on a 3rd party platform that forces her to participate in advertising programs where she can’t control where her artwork appears.

The world of craft is diverse. The marketers at Etsy aren’t taking this into account. Do you know of other businesses that have tripped up when they haven’t recognized the differences in their clients?  Can you share other examples of copyright infringement?

Photo: Greymount Paper & Press

 

 

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