GREAT NEWS! Cafepress reinstated my images!

If you look at my previous post, I wrote about one of my designs "Instant Swim Chick, just add water" was being sold on both Cafepress and Zazzle. I was very surprised to receive a notice of violation letter first from Zazzle, and then from Cafepress. I discussed my issues with Zazzle in the previous post. Cafepress had yet to send me any violation notice.

I got good news today from Cafepress. The have reinstated my images! I cannot tell you how pleased I am! In short Cafepress says

After further review of your content and the complaint we have decided to reinstate your content at this time.

In other words, Cafepress had some *real* lawyers looking at things and figured out that this isn't a violation at all. Just imagine how many "Eat Sleep Swim", "Merry Christmoose" designs they would have had to take down if they thought having similar design themes makes a copyright violation. Just as "Eat Sleep swim" is not trademarked either is "Instant Swim chick, just add water".

With all the changes Cafepress made that are not favorable to shopkeepers this year, I'm glad to see this decision. Hopefully, Zazzle can step up to the plate and be a class act and reinstate my images at Zazzle.

Artist intimidation by intellectual property

Good grief! I have several online stores selling my own designs on t-shirts and gifts on various themes, especially about swimming. One of my designs is "instant swim chick, just add water".

I sell on Cafepress, Zazzle and Printfection. Imagine my surprise when I get a copyright infringement notice from both Cafepress and Zazzle on my designs

Here are my designs.


The complaining artist is Hugh Bayer of epmgames and here is his "design".


Now Mr Bayer, before you go screaming and hollering that I'm robbing you by publishing this image to the left, don't bother. In this blog I'm writing ABOUT your image and a controversy surrounding it which is covered both by fair use and free speech.


I wondered what the heck was a copyright violation and I can't get a straight answer from anybody.

At Zazzle, I spoke with a "Tony" in content management who said the violation was that I have the same phrase. Ok.... "Instant Swim Chick, just add water" is NOT a registered trademark. Its a common swim joke and has been around for years and is therefore not a covered unregistered trademark. And notice that my design on the right doesn't even contain the word "chick".

I would understand Mr Hugh's argument if the chicks looked the same, if the lettering were the same, if the lettering had the same placement. But that isn't it.

This looks like a case of artist intimidation, where all Mr Hughs has to do is write a threatening letter on company letter head which includes the word "Entertainment" and Cafepress and Zazzle cower.

This isn't good. It makes artists lose confidence in Cafepress & Zazzle if they allow just anybody to claim copyright infringement on an idea, especially if the images are different and the phrase isn't trademarked.