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Her name is Kelly Howlett.  She is a professional graphic artist, both as a freelancer and a former staff member for Wizard magazine.

Howlett is getting shafted.

She did a painting and put it up on Zazzle like so many freelancers do, hoping to turn a few bucks.  This is the painting here on the right.

A short time ago, Zazzle contacted her, saying they were taking the painting down.  “we have been contacted by the intellectual property right holder and we will be removing your product from Zazzle’s Marketplace due to infringement claims.”

Who?  What?  Why?  She pressed, and Zazzle eventually told her, "Your product has been removed from Zazzle’s Marketplace due to an infringement claim by Summit Entertainment. This may be due to the actual design of the product, description, search tags or character names that references the Twilight Saga which is owned by Summit Entertainment.”

Howlett did everything she could think of to figure out what the exact beef was.  The image had nothing to do with the Twilight Saga.  The title had nothing to do with the Twilight Saga.  In fact, the only thing that could even remotely be connected to the Twilight Saga was the tag for when she created the sketch, 11-20-09.  This was also the release date of The Twilight Saga:  New Moon.

Long story short?  Summit Entertainment is claiming that a work that references a date a movie they made is released on is infringement.  Da fuq!

Howlett has been writing this up on her Facebook page.  To be fair, I have no trouble buying her theory -- that Summit didn't have a beef per se.  They just have crawlers going over the net looking for infringers and it just automatically found her work and contacted Zazzle, no actual human did anything.  Still, you think they'd be a little more careful, lest they start trying to DMCA "Today In History" websites into oblivion.

And a special FUUUUUUUCK YOOOOOUUUU!!! to Zazzle for getting the message from Summit and, instead of asking what was going on, folded like fresh laundry.  This is why we the people are fighting SOPA and ACTA.  It's not like we can count on YOU idiots to protect our rights, and you're supposed to know this stuff better than we do!

The price of liberty is eternal vigilance.

Comments

( 1 comment — Leave a comment )
anwyn_elfmaiden
Mar. 29th, 2012 07:49 am (UTC)
The german law is based on a text from 1966 which had been stamped on the new media, and so the greedy lobby can put everything down just because they can.
( 1 comment — Leave a comment )

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