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instymp

Lifer
Jul 30, 2012
2,450
1,120
Hap..Peace Bro.

I didn't write that either.

Stick around long enough and they will put that under yours too.

God Bless.

 

sablebrush52

The Bard Of Barlings
Jun 15, 2013
20,833
49,569
Southern Oregon
jrs457.wixsite.com
Legal such copying isn't, but I somehow doubt that anyone printing out single copies for private use to mark their holdings of that actual product is going to cause the mustering of the militia. Do this as a business, well, that's altogether another matter and I'll happily shot to kill.
When I needed to obtain and use copies of work that I did at various studios in order to compile a demo reel, I sought and received contracts from the various studios that allowed me to use the required material for the specific purpose of making that reel. Came in pretty handy when I booked hours in an editing suite to transfer and compile. At first the facility owner balked because I was asking him to reproduce copyrighted material. But all concerns vanished when I produced the contracts.

 

shermnatman

Lifer
Jan 25, 2019
1,030
4,869
Philadelphia Suburbs, Pennsylvania
Sable -Yes, that's exactly right; and, it all comes down to when someone starts to make money publicly on another persons intellectual property, and how much money they are making - or, perceived to be making.
Most people mistakenly believe a Copyright affords the holder much more power than it actually does. A Copyright really only provides for two things: 1) The Exclusive Right-to-Copy; and 2) The Right-to-Defend those Copyrighted materials. This Right-to-Defend merely means the Copyright holder can now pay lawyers money to defend their Copyright materials through the courts; and this can get quite costly if it has to go all the way.
Even having a non-house lawyer send out a boiler plate Cease-and-Desist can cost a couple of hundred dollars - IF it has any real teeth behind it - and most do not have any real teeth to them - because most companies simply mail out "paper tiger" C&D's, hoping the recipient will be intimidated into willfully complying; as the Defender does not have the money needed to take it to the next step.
If that does not happen, now it gets like a Poker game; as the C&D-issuing Defender has just bid X, and now the infringer is either going to Fold (comply), Raise (return an answer from their own lawyer stating the Defender has no legal right to defend), or Call the Bluff (ignore the notice, and dare the Defender to pony up the money to take it to the next level.)
So, for a small company, the big problem for the Copyright Defender manifests when the person who received the C&D ignores it and continues reproducing and engaging in commerce with those materials; as now the Defender has to go to the next legal step, which is to file for an injunction and/or file a suit, claiming and being able to document and show damages to their IP (not always easy)... and this proposition is not cheap, at all.
In the case of Trademarks, if the Holder does not take action to defend, they run the risk of losing their mark. In the case of Copyrighted materials, the holder who does not take action to defend, they run the risk of having their materials fall into the Public Domain.
In short, you life is usually better - and your wallet more full - without lawyers involved; so just do the right thing by others and their property; especially if money is involved. - Sherm Natman

 

sablebrush52

The Bard Of Barlings
Jun 15, 2013
20,833
49,569
Southern Oregon
jrs457.wixsite.com
Sherm, absolutely correct. The other power that the copyright holder sometimes has is control of the marketplace. If I, for example, had used these materials without securing the right to do so, I could easily have found myself unemployable. And when one is infringing on a billion dollar IP, expect to be beaten into the dirt by an army of lawyers, whose cost to the IP holder is negligible, while inflicting catastrophic financial damage to the infringer.

 

shermnatman

Lifer
Jan 25, 2019
1,030
4,869
Philadelphia Suburbs, Pennsylvania
Sable - Right again.
So often in legal discussions, in my head, I hear that Warren Zevon tune being played: Lawyers, Guns, and Money.
Question: Each time this happens, should I pay a fee to ASCAP or BMI; or, should I just nod my head to the rhythm and say nothing? LOL! - Sherm Natman

 

instymp

Lifer
Jul 30, 2012
2,450
1,120
Sherm, the only reason I responded was that I didn’t want you to announce your friends name or place of business on the internet.

 

shermnatman

Lifer
Jan 25, 2019
1,030
4,869
Philadelphia Suburbs, Pennsylvania
instymp - "Announce the name of my friend's business?". What "business" are you talking about?
You are misunderstanding. My friend who is a graphic artist owns a printer; I did not say my friend IS a printer - big difference.
Ah, "the Interwebs". - Sherm Natman

 

brian64

Lifer
Jan 31, 2011
10,019
16,023
Well, I downloaded the labels

The way I always do

How was I to know

Sherm was with the Russians too
I was cellaring my latest shipment

After a massive TAD attack

Send lawyers, guns and money

SToP wants their labels back
I'm the innocent bystander

Just a little OCD

I only wanted perfect circles

And now this letter says C&D

And now this letter says C&D

And now this letter says C&D
Now I'm hiding in my basement

I'm a desperate man

Send lawyers, guns and money

The shit has hit the fan


 

shermnatman

Lifer
Jan 25, 2019
1,030
4,869
Philadelphia Suburbs, Pennsylvania
Brian64 - Good parody; albeit inaccurate, as I didn't download or print anything. So any C&D's coming to me would be returned with an unsavory DNA sample applied to that notice and returned to sender postage due. - Sherm Natman.
Dfo -The answer is that I don't date these jars, as they hold about 2 ounces +/-, and I am not intending on "cellaring" these tabaks for future consumption, but rather these are my regular rotation tabaks which are for active smoking.
Now, if I was to use these jars for cellaring, I would probably use one of those Brother P-Touch vinyl lable-makers, and affix the date-labels around the outside edge of the jar lid; or on the bottom of the jar - Sherm Natman

 

brian64

Lifer
Jan 31, 2011
10,019
16,023
@Sherm: LOL...yeah, I understand. It was meant to be absurd to go along with all of this label absurdity banter.
I understood what you were saying and doing from the start. You just had the unfortunate timing of coming along with this post very soon after the previous "cellarlabel" website fiasco.
And it seems the two have been somewhat conflated as reflected in some of the comments in this thread. My parody was aimed at that.
It does seem as though one needs legal counsel for everything these days. WZ was ahead of his time.

 
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