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General Category => General Scroll Saw Talk => Topic started by: northie66 on July 12, 2010, 08:32:13 pm

Title: It's 5 O'clock Somewhere pattern
Post by: northie66 on July 12, 2010, 08:32:13 pm: Not too long ago I posted a pattern of "It's 5 o'clock somewhere" on this board. It was something I created myself. A gentleman by the name of Ray (although I'm not sure of his name on this board - sorry Ray) informed me today that he also made a pattern he designed and cut himself and posted it on his etsy store. It was quite different from mine or any I have seen before and it included a real clock insert. He got a notification from a lawyer's office stating that it is an infringement on copyrights and he has to remove it.

Is it possible this is true? Ray and myself were wondering if anyone had any insight into this issue. I mean, if that's the case, how do we know anything we write and scroll saw isn't copywritten material?

Thanks!
Title: Re: It's 5 O'clock Somewhere pattern
Post by: Becky on July 12, 2010, 10:06:03 pm: Interesting. It made me curious enough to go to the U.S. Copyright and do a search. http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=First

I got returns on the search. A lot of them. I don't know what makes them different because I didn't look at all of them. One on the first page was described as a wood sign with those words on it. There was no readily apparent link to see what it looks like. I don't really know anything about copyright law.

It definitely raises the question of how different something has to be. It says there are 10,000 (which is a suspiciously round number and more likely the maximum number of returns). If there's that many, there has to be room for variations. It doesn't look like somebody owns that particular phrase or how could there be 10,000 patents?

Dang.
Title: Re: It's 5 O'clock Somewhere pattern
Post by: jimbo on July 12, 2010, 10:30:50 pm: Change the time
Jimbo
Title: Re: It's 5 O'clock Somewhere pattern
Post by: GrayBeard on July 12, 2010, 11:41:11 pm: Personally...I think I would say to this individual, "So sue me!"

Just the way I would handle it, not suggesting any one should follow my lead.
It takes a lot of legal fees just to file and it would be interesting to see what he would do.
And since I no longer have any great amount of tangible assets, what the hell is he going to get?

Not Legal Advice....just me saying 'The hell with the silly system'.
And then call ever media outlet you can find!!!! Tell them the story of how this mean ol' guy is depriving you of liveliehood! You would be on every evening newscast from PuttyHuckle to Paree!!!
I
~~~GrayBeard~~~
Title: Re: It's 5 O'clock Somewhere pattern
Post by: MadHatter on July 13, 2010, 05:08:02 am: i would ask the individual if they in fact do own the copyrights and if they do, to furnish the proof of it in writing from the copyright dept. if they give you the run-around, then you know they cant prove squat and never filed for a copyright.
Title: Re: It's 5 O'clock Somewhere pattern
Post by: dunk on July 13, 2010, 10:43:53 am: I'd call his bluff and ask for documentation as well.
Title: Re: It's 5 O'clock Somewhere pattern
Post by: Judy Hunter on July 13, 2010, 10:52:00 am: I agree !!! ask for proof! I am sure they have to issue a CEASE AND DESIST order first.

Intimadation is cheaper than court costs.
Title: Re: It's 5 O'clock Somewhere pattern
Post by: Paw Paw Ray on July 13, 2010, 12:39:12 pm: Janet, I am the one that sent you the pic of my Its 5Oclock Somewhere clock.

I did not get the correspondence directly from the lawyer. I have my work displayed on my etsyshop pawpawsworkshop.etsy.com. Etsy administration receive notice from the lawyer that Jimmy Buffet Enterprise along with the resturant chain Cheeseburger in Paradise owns the copy right to the phrase "Its 5 Oclock Somewhere" and demanded that Etsy.com take my clock off their web site which they did and then notified me that I was in violation of Etsy rules by posting copy right material.

PawPawRay

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Title: Re: It's 5 O'clock Somewhere pattern
Post by: MadHatter on July 13, 2010, 02:50:16 pm: i'd still have to ask to see the proof of copyright. kinda reminds me of the new orleans saints controversy of the phrase "who dat", hard to say who owns the right to something that everyone says and has been around probably for eons. i had one of my portraits removed from ebay due to a claim by someone that identified themselves as a "representative" of the person that my portrait resembled. they demanded that i stop selling the portrait, so i kindly asked them to show me the proof of their claim of owning the copyright, after a couple of emails back and forth, they never followed through with the proof of copyright and i won my appeal with ebay. you can also do a search for a copyright that has been registered by going to http://www.copyright.gov/records/.
Title: Re: It's 5 O'clock Somewhere pattern
Post by: BilltheDiver on July 13, 2010, 03:53:31 pm: Buffett did do that song, (so did Alan Jackson) but if I am correct, it would only apply to something you were making to sell. Not for personal use.
Title: Re: It's 5 O'clock Somewhere pattern
Post by: northie66 on July 13, 2010, 08:10:48 pm: I guess if he had his own shop, he could call the guy's bluff and ask for proof. But on etsy he has to follow etsy rules. I like jimbo's answer though... "change the time". hahahaha!
Title: Re: It's 5 O'clock Somewhere pattern
Post by: Judy Hunter on July 13, 2010, 10:14:23 pm: Yeah make it say "It's 5:01 o'clock somewhere"
Title: Re: It's 5 O'clock Somewhere pattern
Post by: carlton4143 on July 13, 2010, 10:24:22 pm: It might be the Jimmy Buffet song that is the problem
Title: Re: It's 5 O'clock Somewhere pattern
Post by: supershingler on July 14, 2010, 08:57:30 am: JUST CHANGE YOUR WORDING TO "MUST BE 5 OCLOCK SOMEWHERE"

KENDALL
Title: Re: It's 5 O'clock Somewhere pattern
Post by: dunk on July 14, 2010, 10:36:17 am: Shingler nailed it...