From: David Groenewegen <[log in to unmask]>
Date: Tue, 28 Aug 2012 12:24:14 +1000

The cakes situation has nothing to do with fair use because it is a
trademark issue, as is pointed out in the article:

"This sort of enforcement is probably typical, says Megan La Belle, an
assistant professor of law at the Catholic University of America,
because the burden of trademark protection always falls on the holder.
“Trademark owners must ‘police’ their marks, or they risk losing
protection,” she adds."

The other example given, with the painter, is not just a fair use
issue either as was noted in a previous article:
http://chronicle.com/article/Appeals-Court-Stiff-Arms-U-of/132235/

"The court also ruled that the university's own actions—displaying and
even selling Mr. Moore's unlicensed works—undermined its ability to
strictly enforce its trademark rights."

Worth noting that the painter had missed out on pretty substantial
revenue while this was happening. This was not "small dollars".

I'm not saying that this wasn't overkill by the university, but
trademark law is not the same as copyright and fair use does not
apply. Not defending the trademarks could cost the uni a lot more.

David

David Groenewegen
Director, Research Data
Australian National Data Service
Physical Address: 680 Blackburn Road, Clayton, Victoria
Postal Address: c/o Monash University VIC 3800
AUSTRALIA
[log in to unmask]


On Tuesday, 28 August 2012, LIBLICENSE wrote:

> From: Jim O'Donnell <[log in to unmask]>
> Date: Mon, 27 Aug 2012 15:49:36 -0400
>
> In the Chronicle of Higher Education today,
>
> http://chronicle.com/blogs/tweed/cupcakes-collide-with-tuscaloosa-trademarks/30290?cid=at&utm_source=at&utm_medium=en:
>
> "Overeager trademark enforcers at the University of Alabama cooked up
> another controversy last week, threatening a local baker with legal
> action for violating the Tuscaloosa institution’s trademark with
> Crimson Tide-themed cakes and cookies.  But after a few days of sharp
> protests from critics, Alabama decided it was getting, well, a little
> too hot in the kitchen. The university withdrew the threat."
>
> Seems to me that's a specimen of a rightsholder who doesn't know when
> it's in its own interest to acknowledge fair use and let a small
> dollar revenue stream dry up.  Wouldn't it be a nicer world if
> universities and publishers and Disneys made a *point* of their own
> admiration for and respect for fair use as a principle?  If they
> convinced the general public that they get it about where a reasonable
> boundary lies between what we can do for free and when we should start
> paying licensing fees?
>
> I cannot think offhand and would welcome examples of
> rightsholders who have done a good job of that kind of
> marketing.  I'll pay you a rights fee a *lot* more happily if I feel
> in my gut that they're more or less on the same page with me about
> where that boundary lies.
>
>
> Jim O'Donnell
> Georgetown