Wednesday, November 25, 2009

Twilight Moon


Paul  called me over to his computer all excited last night. "I've had a breakthrough!" he said. Paul is a great photographer who does hyper-realistic landscapes and other stuff. Last night he started to explore less realistic painterly effects in Photoshop and came up with the image at the left. He excitedly put it up on Imagekind and in our shop at Zazzle right away.

Today we got the following email communication from Zazzle along with the announcement that they had removed this image from their site:

"Design contains an image or text that infringes on Summit Entertainment's intellectual property rights. We have been contacted by Summit Entertainment with regards to your design, and at their request your product has been removed from Zazzle's Marketplace. For any further questions please feel free to email us below or contact Summit Entertainment at: www.summit-ent.com."

What?!!!

We asked for clarification and got the following response:

"As noted in the previous email, we were contacted directly by Summit Entertainment with regards to your design infringing on their intellectual property rights.  Perhaps your product contained search tags or descriptions that references elements from The Twilight Saga, for example titles, character names, etc. If this is the case, please feel free to re-submit your design to the Zazzle Marketplace and ensure that your product does not reference any elements from The Twilight Saga including the design itself, title, descriptions and search tags."

Well, as it turns out the latest installment in the Twilight Series is called "New Moon". Paul's photo depicts the moon. (He called it "Lavender Moon".) And guess what? It was shot at twilight so he used the term commonly used to describe the time of day between daytime and the full darkness of night to describe it!

We consider this activity by Summit Entertainment as both 1) a violation of our First Amendment rights and 2) a deliberate act of harassment which interferes with the conduction of our business.

I've swung this morning from righteous indignation -- this isn't the first time I've had to fend off an attack like this! -- to full-on pity party (we've had the worst year financially I've ever experienced in my life and now I have to deal with this?) -- to amusement. At least I have something to write a blog about now.

Want to help us out? Tell people. Write to Summit Entertainment (if you can find any contact info -- we haven't been able to yet) and register a protest. Tell people about the infringement of people's rights by a large corporate interest -- can anyone say "VAMPIRE"?!  And help us come up with a way to stop them and Mara Fox and anyone else who thinks they have the right to engage in this kind of behavior forever more. (Of course, we could just call this all a mistake on their part and call it done... but... we KNOW this kind of thing happens in the name of protecting trademarks a little too often. Twice to us alone! Saying nothing just isn't good enough.)

Paul put a second "Twilight Moon" image online this morning. He calls it "Invert Moon". You can see that image by clicking the previous link. You can see his entire Imagekind gallery by clicking here. You can visit mine if you're interested as well.  And maybe...someday...we'll post a photo of a completely empty blue-black page and call it "New Moon at Twilight"... just to piss Summit Entertainment off.

1 comment:

Sheryl Karas said...

Paul wrote a blog on this topic, too. His is funnier than mine... but equally pissed off. He uses every search engine term he could find in relation to Summit Entertainment to get their attention on this subject, too. We still can't find a direct way to contact anyone at their organization. http://paulhood.blogspot.com/2009/11/its-new-moon-for-summit-entertainment.html