|
|
Author
|
Topic: Copyright infringement?
|
Andrew McCrea
Jedi Master Film Handler
![](/ubbmembers/674f.jpg)
Posts: 645
From: Winnipeg, Manitoba, Canada
Registered: Nov 2000
|
posted 01-27-2007 01:37 PM
So, on the 24th I started a web forum (with friends) called Eleven Magazine and today Googled "Eleven Magazine" which brought up elevenmagazine.
At the bottom of their site, it says "all contents İelevenmagazine 2006" and on the about page, it says "First launched on October 16, 2002, elevenmagazine is an Australian based site for those with a keen interest in all things music.
Featuring news, reviews and interviews along with band profiles, festival updates, special features and gig listings elevenmagazine hopes to satisfy all your music wants.
We hope you enjoy your stay."
My website and our forum looks nothing like theirs, and neither does the logo nor the slogan resemble theirs at all. They both generally deal with the same issues (music, arts), but my "magazine" is supposed to be something that the members of the board create together, and also deals with frank sexual discussions, confessions, user submitted creations and headlines.
Their copyright would be for Australia, so is it safe in Canada? Can I go until a cease and decist order is sent?
Opinions, suggestions?
| IP: Logged
|
|
|
|
|
|
|
|
Leo Enticknap
Film God
![](http://www.film-tech.com/ubbmembers/534a.jpg)
Posts: 7474
From: Loma Linda, CA
Registered: Jul 2000
|
posted 01-27-2007 05:46 PM
Unless I'm missing something, this is a trademark rather than a copyright issue. In other words, it's the name of Andrew's website, rather than its content (which is obviously and clearly different from the Australian one), which is at issue. Since Andrew is not trying to give the impression that there's any connection or link between his site and the Australian one, I can't see how there can be any problem.
For example, if I started a 'film-tech.co.uk' site, using this site's logos and colour scheme, and offering bottles of used engine oil for sale for use as a cleaning solution on 35mm film prints, that would be a clear trademark infringement, because I'd be trying to associate my bootleg product with Brad's original one. But if I started a 'film-tech.co.uk' site with a completely different logo and colour scheme and selling cling-film for use in the catering industry, no reasonable person could infer that by using the name I was trying to associate my product with Brad's. By the same token, I can't see how anyone, looking at the two sites in question, could conclude that Andrew was trying to hijack the reputation of the Australian site.
| IP: Logged
|
|
Andrew McCrea
Jedi Master Film Handler
![](/ubbmembers/674f.jpg)
Posts: 645
From: Winnipeg, Manitoba, Canada
Registered: Nov 2000
|
posted 01-27-2007 10:49 PM
What we originally intended was to do a web magazine. You'd click the link and be taken to the front page. The front page captions would be linked to the articles.
It was going to be a magazine with a strong political stance, a la Rolling Stone, which sure makes a coincidence. It would offer music reviews etc. and also look heavily at current world events.
We wanted to make the magazine flexible and allow users to contribute, and after finding a free BB system, we knew we had found the perfect solution.
The name was chosen long before we even knew what the magazine would become. Since it would be like Time or MacLean's, we wanted to provide that irony that Michael Moore used in Farenheit 9/11 by saying that the scare tactic is a selling feature, so we chose Eleven based on the fact that people would associate it with the diamond logo (its two diamonds that look like the WTC).
It not supposed to be offensive, but its supposed to show how sick things are in this world, but how it helps make big corporations succeed.
| IP: Logged
|
|
|
|
|
Scott Jentsch
Phenomenal Film Handler
![](http://www.film-tech.com/ubbmembers/1681.jpg)
Posts: 1061
From: New Berlin, WI, USA
Registered: Apr 2003
|
posted 01-30-2007 04:47 PM
Andrew,
I see that you're using phpBB for your forum software.
One word of caution, keep up to date on all the security fixes. Disable any features that you don't need, remove scripts that you aren't using.
phpBB is an exploit magnet for some reason, probably due to its popularity across the net. I was using it for a while on a client's site, and decided that it wasn't worth the hassle any more. The forum community never really got going, and the frequent updates and abuse attempts that I found in our logs dealt it the final blow.
The software itself was easy enough to use, and had the feature-set that I was looking for, but you just have to keep an eye on it to prevent against being compromised.
FYI.
| IP: Logged
|
|
|
All times are Central (GMT -6:00)
|
|
Powered by Infopop Corporation
UBB.classicTM
6.3.1.2
The Film-Tech Forums are designed for various members related to the cinema industry to express their opinions, viewpoints and testimonials on various products, services and events based upon speculation, personal knowledge and factual information through use, therefore all views represented here allow no liability upon the publishers of this web site and the owners of said views assume no liability for any ill will resulting from these postings. The posts made here are for educational as well as entertainment purposes and as such anyone viewing this portion of the website must accept these views as statements of the author of that opinion
and agrees to release the authors from any and all liability.
|