NONE: ONLINE-ADS>> pursuing copyright/trademark infringements
ONLINE-ADS>> pursuing copyright/trademark infringements
Cliff Kurtzman (cliff_at_tenagra.com)
Tue, 18 Mar 1997 22:52:23 -0600
I was looking at referral links on one of my sites yesterday and followed
one back to the site linking to my pages. As is often the case, I noticed
that the referring site had "borrowed" and altered one of my site's
branding graphics and used it in conjunction with the link to my site. We
in fact make a graphic available for just such purpose, but not the graphic
this person had taken and not in altered format.
The graphic's alterations were not flattering. They were not malicious --
let's just say the person who altered them won't be winning any graphic
design awards soon.
So I found myself faced with a difficult situation. This person was
effectively running a free ad banner for my site on his site. (In this
particular case, my log files showed he was only sending a few referrals a
month.) He was also infringing on my copyright and altering a graphical
representation that is used to brand my site in a manner I considered
inappropriate. What to do?
What I did (as I usually do in such cases) was send him a nice friendly
e-mail, thanking him for linking to my site. I also let him know, in the
nicest of terms, that he could not alter and use the particular graphic he
had appropriated without permission. I also gave him the URL for the
graphic that we make freely available for use in association with a link if
he so desired to exchange it for the graphic he was using.
In past similar cases, I have sometimes received a contrite note back
indicating that the person would change the graphic. Most people seem to
know they are infringing and are embarrassed when caught. (We do include
specific language on the site's home page letting people know that they may
not copy from our site without permission).
In this case, the reaction was rather different and quite hostile. A few
of the tamer excepts:
"Are you guys out of your damned minds? Everyone, individual or
corporate, desires as much publicity for and links to their website as
possible. So I provide a link to your site, use one of your graphics as an
easily clickable icon to take web-surfers directly to you, and modify it
very slightly so that it fits with the background and style of my site.
Then you BITCH about me providing publicity and a link for you! Insanity...."
<snip>
"allow me to tell you that over the past several years I
have used HUNDREDS of logos from corporate and individual websites to
provide surfers direct links from my site to those sites. In the majority
of cases I have made slight modifications to those logos..." <snip>
So my question to the list is this: is it worth it to let someone infringe
on your copyrights and trademarks and alter your branding in return for
free traffic to your site? I know Disney won't allow it. I'm interested
in hearing if others working to build major online brands feel the same way
as I do, of if you have a live and let live attitude when you encounter
similar circumstances.
--Cliff
Cliff Kurtzman
The Tenagra Corporation
http://www.tenagra.com/
281/480-6300
