Passed through the storm ~ message from 11th Hour

Wednesday, November 1, 2006 8:28 PM

11THHOUR

To the awesomest folk in this here 'verse ~ The Browncoats I received an email response from Universal's attorney late this afternoon. It took me a while for my nerves to settle out, had a stress relieving cry, and needed to have it really sink in, and also needed time to compose this message... It's okay now everyone. It's okay. We passed through the storm. Universal's law firm has been authorized to conclude the matter. They have accepted the representations in my letter, and will not pursue any financial demands. The sales number I reported for the shirts relating to the design in question were de minimis, and my compliance with the cease and desist, and my agreement to permanently cease and desist (referencing the movie "Serenity" in my Cafe Press shop) has satisfied this matter. Pinch me, cuz I must be dreaming. This was my best case scenario fantasy... but it's true... yeeee and haaaaw, it be TRUE. Now this is amazingly good news, and I'm definitely looking forward to a full night's sleep; but this whole episode has been a wake up call for us all to proceed with much more care in regard to copyright matters. We can still kick up our heels and spread the word, but now we must be much more aware of the various legalities involved. Because if we don't, then a certain law firm will... To help illustrate just how conscious we need to be about legalities, below is an excerpt from the attorney's email which explains the basis for the Demand I received: ___________________________________________ " A page on your Café Press offering read “The shirts designated as ‘Art Only’ do not have the Serenity movie promo on the back.”  This expressly suggests to consumers that the shirts not so marked all had the “Serenity movie promo” (logo) on the back, and in any event appears to ‘pass off’ on the motion picture Serenity itself. " ___________________________________________ Well there it is, the thing that set this whole action in motion. That sentence on one of my shop pages did say that... but it was an older entry that I frankly forgot about. Funny how I meant that sentence one way, and it is interpreted much differently from a lawyer's point of view. This excerpt does relate to the "Serenity Swirl" image. This was the image I created to be a stand alone image that would not use any copyrighted imagery, yet still would help put the word of "serenity" out there in the world. "Serenity Swirl" was one of my early designs meant to help in our fan powered promotions, and was offered in my shop not long after it opened in December of 2004. The design was paired as the back graphic with certain primary artwork featured on the front of the shirt. The prices for Cafe Press are the same whether there is an image on one side of the shirt or both. I hated to leave a perfectly useful side of a shirt empty... it could be used as a "mini-billboard" to help spread the word of Serenity, so I'd put Serenity Swirl there. Sometimes I used a kind of fan "shorthand" to refer to the image as a "promo" because that's what we Browncoats were working so hard to do back then, promote Serenity. But now I understand better from the lawyer's letter that referring to it as a "promo" was perceived as "suggesting to consumers" that the design was being passed off on the motion picture Serenity itself. Actually, that's rather ironic, because back when the design was introduced, months before the release of Serenity, I never considered that regular ol' consumers would even be aware of my shop. I figured that only Browncoats knew about it. When I wrote descriptions I worded them as though I was just talkin' to the gang like I do on the message boards, because that'd be the only people who'd be dropping by. The items I offered were not to pass off on Serenity (mostly because we all were operating under the notion that hardly any folk were even aware of the movie, hence the whole guerilla marketing thing), but rather to offer items to fellow Browncoats... and some items would be things that would help spread the word. Guess this whole traumatic episode is a variation on the Mars vs. Venus way of seeing things. I think like an artist and guerilla marketer, not a lawyer... and it's mighty surprising just how much fuss can arise from that different way of seeing things. So *that's* how things got so complicated. As a die hard guerilla marketer, I thought the image was a modestly mild way to put the word of Serenity out in the world; but the legal point of view sees the image as taking advantage of the intellectual property. Honestly, my intent was just the opposite of taking advantage of our shiny movie... but y'all knew that. The other especially ironic thing (and this whole drama has been simply dripping with irony) is that the beginning part of my referenced sentence, "The shirts designated as 'Art Only'... ", well that was the result of folks emailing me and asking if I could offer the shirts *without* the Serenity Swirl design on the back! In fact some even said they wanted to buy the shirts, but held off because they didn't want the "promo" back design on there... oh boy... So it turns out that the image was actually putting some folk off the shirts, not attracting them. Jeeeeeez, woulda saved me acre feet of grief by never trying to include an image to help spread the word... shoulda just left the shirts alone with only the art on the front. Live and learn. Or rather, live, get hit with a scary demand become a tortured wreck before it's resolved over a week later, and learn... Actually though, despite all the torment and stuff, the part of this story that is truly mythic, wonderful, and will, always, always be the heart of what makes this 'verse so gorram amazing is all of you... the Browncoats... who stepped up, had my back, stood at my side, and, most assuredly, were taking strategic tactical positions from high ground too. Folk came from all around, even revealing themselves from the cover of lurkdom, to let me know I wasn't alone in this... and when I heard, "Browncoats got your back", I knew that no matter how scary or crazy it got, somehow, things would work out. It's been a rough time, it's taken it's toll on me... but I discovered something rather wonderful, or perhaps re-discovered something wonderful... the people that have come into my life because of a work of art disguised as a TV show, are the best folk it's ever been my privilege to know. We all got on this boat for the same reason, a passionate love for something truly marvelous, and the willingness to do what it took to keep it alive. This ride has taken us all on adventures we never could have predicted. I swear, we aren't just fans of the 'verse... we LIVE the 'verse. I didn't want to go on this latest adventure, but maybe I needed to. Certain recent, upsetting events, involving my fan work, had left me discouraged and drifting away... but whenever that has happened, something always pulls me back. This time, I needed a big pull I guess. Now understand, I do have a life (in case anyone was wondering) and do creative projects quite different than my FF/S work... but for some reason, I'm bound to this 'verse. I was hot welded to it back on a Friday night in September 2002, I can't put it into words well enough, but it's a part of me. It's made me a better artist, it's made me a better person. Once you've been in Serenity, you never leave... ... and you got your crew to travel with you... Love and gratitude forever, 11th Hour

Wednesday, November 1, 2006 9:01 PM

SWEETSERENDIPITY

Congrats 11th Hour! Woo hoo! Glad to see that you'll be ok. Thanks for all your hard work, not to mention all the worry you just went through. Deb http://serendipityagain.com/

Wednesday, November 1, 2006 9:03 PM

WHIMSICALNBRAINPAN

Wednesday, November 1, 2006 9:08 PM

PHOENIXROSE You think you know--what's to come, what you are. You haven't even begun.

Sweet merciful Buddha, I'm glad this is over and you're okay! And that was real pretty, what you just said... []

Wednesday, November 1, 2006 9:14 PM

MCQ

I'm very glad and relieved to hear that you'll be alright and that this episode is finally over. It's nice to know that folks had your back and helped you through this stressful event. Take care and hang in there! Separated at birth?

Wednesday, November 1, 2006 9:20 PM

JADEHAND

Wednesday, November 1, 2006 9:30 PM

MAGDALENA "No power in the 'verse can stop me!"

Oh MY!! I am so relieved - I feel all wobbly for you 11th!! I was wracking my brains trying to think of practical ways we could help you and now it's all resolved!! Happy Days!!!!!!! - Magda x x x x

Wednesday, November 1, 2006 10:26 PM

VERSEEXPLORER

What a relief. I am so happy to hear that it is over, 11th Hour. Rest up and take care of yourself. It's good to know that you felt our support. I made a web site to introduce my friends to the 'Verse. http://web.mac.com/arcadianlc

Wednesday, November 1, 2006 11:42 PM

ZISKER

Thursday, November 2, 2006 12:50 AM

MUTT999

"We all got on this boat for the same reason." That about sums it up. Congrats 11th!!!! - - - - - - - - - - - - "That's the buffet table." - - - - - - - - - - - -

Thursday, November 2, 2006 1:13 AM

CANTER

Thursday, November 2, 2006 1:55 AM

RIVERGIRL

Thursday, November 2, 2006 2:12 AM

BROWNCOAT1 May have been the losing side. Still not convinced it was the wrong one.

11th Hour, Congratulations! It is great to hear that this turmoil is over and the Universal's lawyers have decided to drop any demands for payment. Great news indeed! Get some rest browncoat. You more than deserve some peace and relaxation for all you have done for the community and the 'verse that Joss gave us. __________________________________________ Holding the line since December '02! [img] [/img] Richmond, VA & surrounding area Firefly Fans: http://tv.groups.yahoo.com/group/richmondbrowncoats/ http://www.richmondbrowncoats.org

Thursday, November 2, 2006 3:11 AM

JOSSISAGOD

Browncoats win! Yay, it's good to be us! Congrats on settling that little disspute 11thHour! Fe'nos Tol JOSSIS(Most Definitely)AGOD Self appointed Forsaken! Been on the list for a while now! 98% of teens have smoked pot, if you are one of the 2% that haven't, copy this into your signature. "Look at me, I'm STUPID!" The Doctor.

Thursday, November 2, 2006 3:15 AM

MAVOURNEEN

I am so relieved for you...this was such a burden. Congrats on staying the course and seeing this thing through with your head held high. And as to Browncoats having your back? Count on it.

Thursday, November 2, 2006 3:29 AM

TVCHICK

Thursday, November 2, 2006 3:39 AM

PENGUIN

I'm glad you survived the ordeal...*hugs* King of the Mythical Land that is Iowa

Thursday, November 2, 2006 3:44 AM

ROXYFREEFALL Woman, you are completely off your nut.

I'm so sorry you had to go through it all in the 1st place, but what doesn't bring us Browncoats down makes us a hell of a lot stronger. Congrats on getting through all this. Rest easy. We always got your back. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ "Dr. Sarge says take two barrels of this shotgun and call me when you're dead! RING, RING! Hello! Is it you? Yep, you're dead." ~ Red vs Blue: Sarge http://www.myspace.com/roxy_freefall

Thursday, November 2, 2006 4:04 AM

FAWZY

Thursday, November 2, 2006 4:07 AM

TAKEMEFLYING

Very very glad to hear this worked out in the end! Yay!:) Whoa. Good myth.

Thursday, November 2, 2006 4:28 AM

ORPHEUS

Thursday, November 2, 2006 4:32 AM

THATWEIRDGIRL

Thursday, November 2, 2006 5:08 AM

MSG

So glad it's all good. Also greatful I got my shirts before this all started. :) HUGS and so glad you're going to be ok I choose to rise instead of fall- U2

Thursday, November 2, 2006 5:14 AM

TPAGE

Lawyers... partially necessary evil! Then again, it is the government that makes these crazy complicated laws. Either way Up the Browncoats! but Up Universal for not pursuing to the full extend also! Still flying 11th! We're on your wings!

Thursday, November 2, 2006 5:19 AM

SIGMANUNKI

Thursday, November 2, 2006 6:05 AM

CYBERSNARK

Thursday, November 2, 2006 6:24 AM

RUGBUG

Thursday, November 2, 2006 6:39 AM

SISTER

Thursday, November 2, 2006 6:43 AM

STORYMARK

Thursday, November 2, 2006 7:41 AM

VANNI127

Thursday, November 2, 2006 7:49 AM

ANONYMOUS1

Thursday, November 2, 2006 7:51 AM

SAHARA

Thursday, November 2, 2006 8:03 AM

JORUNE

Thursday, November 2, 2006 8:06 AM

MAL4PREZ

Good news - and I glad you described it, I hadn't heard the whole story. It's a crazy corporate legal-eze world out there, and I'm so glad it's not going to hurt you. Um... other than the emotional trauma. Hey - can you sue them for that? ----------------------------------------------- I'm the president. I don't need to listen.

Thursday, November 2, 2006 8:22 AM

DANCINGNEKO

*hugs* Congratulations on getting the matter settled. (Thought I was going to have to write to Universal and point out how they had well and truly turned off a customer who'd start marketing against them.) I agree with what's been said before...you're 'crew' and we'll have your back. ('Tho why they're only giving you a week to recuperate is beyond me...) Take a couple of weeks to recover, whilst we're in the black and on our way to our next stop. (It was a couple of weeks to our next stop right?)

Thursday, November 2, 2006 8:24 AM

DEEPGIRL187

Yipeee! Yay! Woo hoo! Well, that's a relief. Seems you can't stick a toe out without getting it stomped on by the lawyers these days. What we need is someone with all sorts of lawyery knowledge implanted in their brainpan. Maybe it would keep things like this from happening (and related panicking). ************************************************* "So long and goodnight."

Thursday, November 2, 2006 8:28 AM

EMPIREX

Hon, I'm so glad this worked out for you! Just chalk this up to life experience, I guess. Maybe one day you'll be able to laugh about it or shake your head and roll your eyes at the stupidity of it all. I wish you a good night's sleep, cuz you deserve it!

Thursday, November 2, 2006 8:31 AM

ARCLIGHT

Thursday, November 2, 2006 9:25 AM

KINROEDARKSTONE

Glad everything worked out. Would've been bad if ya had to pay for things. I gather it would've been expensive. Stay Shiny! -------------- Mal: Cry Baby cry. Wash: Make your mother sigh. Engaging the CryBaby. [img] [/img]

Thursday, November 2, 2006 10:03 AM

FOLLOWMAL

I'm so glad this is over for you and that you'll have an opportunity to rest. Catch up and if you need anything, anything at all, call on us.. we've got your back. {{{11th}}} "You hold. Hold 'til I get back." Mal Ask me how to join the Appreciatin' Nathan Crew.

Thursday, November 2, 2006 10:24 AM

MARINA

'Congratulations' is a tough sentiment when you've just spent countless nights awake worrying and planning and struggling, but though I don't know you I wanted to say that I've always admired your work and I'm truly relieved you've made it through this battle relatively unscathed. Enjoy your overdue rest, and despite the agony of the entire event, I'm glad the Browncoats took the opportunity to show how genuinely united we all feel. Best wishes Don't make faces.

Thursday, November 2, 2006 1:20 PM

TENTHCREWMEMBER Could you please just make it stranger? Stranger. Odder. Could be weirder. More bizarre. How about uncanny?

Quote: Originally posted by 11thHour: To the awesomest folk in this here 'verse ~ The Browncoats [...] It's okay now everyone. It's okay. We passed through the storm. [...] Love and gratitude forever, 11th Hour Best. News. Ever. Glad to see there is still some sensibility left in the 'Verse. Sorry you had to go through all that to help the rest of us get a little smarter, a little brighter, and a little more aware. See you in the 'Verse, 11th! TCM *Download my Firefly Games for FREE at http://www.fireflyfans.net/thread.asp?b=13&t=12622

Thursday, November 2, 2006 1:58 PM

KAREL Flying on duct tape and a damaged registry.

11thHour, *whew!* Your posts made it seem that you were more calm about it than some of us! It can be hard to tell how how bad it was until it is over. Take a deep breath and get some well-deserved rest! --Karel. Keep flyin' "Wondrous is our great blue ship that sails around the mighty sun and joy to everyone that rides along." -- Jeff Lynne, Electric Light Orchestra.

Thursday, November 2, 2006 2:01 PM

CITIZEN

Quote: Originally posted by 11thHour: Guess this whole traumatic episode is a variation on the Mars vs. Venus way of seeing things. I think like an artist and guerilla marketer, not a lawyer... and it's mighty surprising just how much fuss can arise from that different way of seeing things. So *that's* how things got so complicated. As a die hard guerilla marketer, I thought the image was a modestly mild way to put the word of Serenity out in the world; but the legal point of view sees the image as taking advantage of the intellectual property. Honestly, my intent was just the opposite of taking advantage of our shiny movie... but y'all knew that. Yes you shoulda thought like a b******d. Glad everything worked out. More insane ramblings by the people who brought you beeeer milkshakes! No one can see their reflection in running water. It is only in still water that we can see.

Thursday, November 2, 2006 2:09 PM

DARKJESTER

Thursday, November 2, 2006 2:39 PM

ARCADIA

Glad to hear everything's all right. yay! Arcadia (aka Greyfable and/or Katie) www.stillflying.net -- picking up Firefly were Joss left off. We will hold 'til he gets back.

Thursday, November 2, 2006 2:51 PM

RMMC

Congrats, 11thhour! Glad things worked out for you! *hugs* Go get some sleep! *more hugs* YEA!!!!!!! ******* RMMC When we're down, don't frown. Come join the camp-out at serenitymovie.org.

Thursday, November 2, 2006 4:49 PM

FLORALBUNNY

Thursday, November 2, 2006 4:52 PM

MUDKICKER

Thursday, November 2, 2006 7:17 PM

LEXIBLOCK