GENERAL DISCUSSIONS

Are You A Firefly Fan Who Makes Jayne Hats? Watch Out, Fox Is Coming For You.

POSTED BY: NIKI2
UPDATED: Tuesday, April 9, 2013 14:22
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Tuesday, April 9, 2013 7:25 AM

NIKI2

Gettin' old, but still a hippie at heart...


Quote:

As if Firefly fans didn’t hate Fox enough already, it seems a newly licenced Jayne Cobb hat has started a chain reaction of cease and desist notices to Browncoats who make them for fun. Gorram…
Let’s just get this out of the way first: Fox owns Firefly and as the rights holder they are allowed to do whatever they want with it and its ancillary products.

That being said, this is an unfortunate day for fans.

Firefly Cargo Bay, sellers of Firefly fan items, wrote a rant on Facebook about a situation that’s recently come to light. Apparently Fox have just now started sending out cease and desist letters to them and other independent craft/fan sellers. Specifically sellers of Jayne hats and specifically sent to individuals who’ve been selling them for eight + years with no issues. They write, “These are not big money making companies, but single women, moms and retired ladies that have made them because they love the show and are creative people. They weren’t making fortunes, maybe pocket money or the funds that got them from paycheck to paycheck. Now they are not only making nothing monetarily, but they no longer have an outlet to sell anything else the make because etsy banned them.”

Etsy banning users without warning or explanation is not new. They randomly cull users they find infringing on copyright but this particular instance seems to have a source. Blastr writes, “Ripple Junction, a company which produces licensed apparel, obtained the rights to mass produce the Jayne Hat. It instantly became a hit seller on popular nerd sites like Think Geek. It seemed that getting a Jayne hat was easier than ever. But that ease came with a price.”

Blastr says they reached out to both Ripple Junction and Think Geek who said they had no part in sending the cease and desists. But from all accounts, it’s not just creators of home-made Jayne hats being taken down but creators of all types of Firefly related products.

That initial post by Firefly Cargo Bay seems to have been deleted in the midst of writing this story but now has a follow-up:
Quote:

Someone (great gorram I wish I knew who) reported independent shops to Ripple Junction. As an official license holder, once Ripple Junction was made aware of these shops they must, by contract, report them. FOX legal department, in doing their job which they should (because lets face it they have artists to protect too), sends Etsy the legal notification. The closed shops are the ones specifically brought to the attention of Ripple Junction. The other C&Ds Etsy is issuing are the “we are covering our butts” warnings.

Again, legalities are legalities but it’s unfortunate fans of the beloved series are being targeted so long after the fact, especially when you consider the love behind, and that goes into, the making of a Jayne hat. http://www.themarysue.com/jayne-hats-fox/


I'm sorry, but talk about ridiculous go se!!!! Truly, TRULY asinine!!!

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Tuesday, April 9, 2013 8:17 AM

STORYMARK


There is a difference between "making them for fun" and "making them to sell."

That company had to pay for the license, folks on etsy did not, yet are profiting off Firefly fandom. Its pretty clear-cut, legally.




Excuse me while I soak in all these sweet, sweet conservative tears.

"We will never have the elite, smart people on our side." -- Rick "Frothy" Santorum

"Goram it kid, let's frak this thing and go home! Engage!"

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Tuesday, April 9, 2013 10:55 AM

STORYMARK


Quote:

Originally posted by manatee:

Note to unofficial hatmakers: change the name of your product to
Inka/Peruvian Hat. You might consider a donation of a percentage to
an Inka charity, as an acknowledgement & thank-you.





They could, as long as they make no mention of Firefly or related characters, though they might have to avoid that specific pattern and coloration too, as a design can be copyrighted in some cases.

But tying it to Firefly is HOW they sell them. People do searches for Firefly stuff - not so much for random Inca hats...




Excuse me while I soak in all these sweet, sweet conservative tears.

"We will never have the elite, smart people on our side." -- Rick "Frothy" Santorum

"Goram it kid, let's frak this thing and go home! Engage!"

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Tuesday, April 9, 2013 1:32 PM

FILLYGIRL

Operative: "Its worse than you know..." Mal: "It usually is."



I have made them for 6 years and I read something Adam said years ago, the origional was made by a producer's wife (or someone working on the show in that kind of area.)
I wonder if we called them,..."Jane" hats if that would be in violation? I need a new name for mine, how about "Hats of the Verse"??? Someone said change the colors, it has been chamged, the flaps most of us knit are usually red/brick color and the origional ones are a ruddy brown color.
Screw whoever did this, money grubbing a-holes, & for my protection and FFF's-----> JMHO





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Tuesday, April 9, 2013 1:49 PM

NEWOLDBROWNCOAT


Mrs BC told me about this this morning. She heard of it over on Examiner.com, where she's a writer on totally unrelated subjects. And I remembered that one of the original Browncoats, from here, was one of the first to make them, and to sell/give them away at Cons and Shindigs, a long time ago. Mighta/musta been Fillygirl, tho' I don't remember who it was. She's on video at one of the 'Con panels, I think the one with Alan reading Wash's eulogy. If ya haven't seen it, look it up, it's on YouTube.

But Fox strikes once again, sacrificing fan goodwill for a few dollars.

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Tuesday, April 9, 2013 2:22 PM

FILLYGIRL

Operative: "Its worse than you know..." Mal: "It usually is."


Quote:

Originally posted by NewOldBrownCoat:
Mrs BC told me about this this morning. She heard of it over on Examiner.com, where she's a writer on totally unrelated subjects. And I remembered that one of the original Browncoats, from here, was one of the first to make them, and to sell/give them away at Cons and Shindigs, a long time ago. Mighta/musta been Fillygirl, tho' I don't remember who it was. She's on video at one of the 'Con panels, I think the one with Alan reading Wash's eulogy. If ya haven't seen it, look it up, it's on YouTube.

But Fox strikes once again, sacrificing fan goodwill for a few dollars.



No that wasn't me, there are several (8-12)of us who have made them for 5+ years and have sold them to a Browncoat group, who has sold them for years at cons to cover operation expenses, sorry I will not mention that groups name, legal stuff ya know.(I don't want their asses sued)
I do not understand why NOW to do this? Who lit a fire under their asses?(Fox)
From everything I have read, it the word "Jayne" hat that we can't use,...the style of hat can't be copy writed, and some have said(On Whedonesque) that articles of clothing can't be copied writen or trademarked.
Compaired to the 'origional', our hats are not exactly the same, we use brick colored yarn for the flaps and the 'origional' has light brown flaps. So ...not the same....

Knitter of "Cunning Hats"
PM me if you want one....

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