SOCAN threatens p2pnet. Again
p2pnet news | freedom:- I had an(other) interesting letter today. It’s from SOCAN, short for Society of Composers, Authors and Music Publishers of Canada.
Referring to a parody pic based on the original SOCAN logo found here I used in SOCAN goes after hair dressers, it says:
Dear Mr. Newton:
Re: SOCAN Registered Trade-marks
It has come to our attention that you are using a SOCAN registered trade-mark without authorisation on your website located at www.p2pnet.net. Attached is a printout of the pages from your website.
Your unauthorised use of the mark unavoidably infringes our rights in the SOCAN trade-mark.
We ask that you immediately cease and desist from all further use of any SOCAN trade-mark, or any confusingly similar mark thereto. We further ask that you confirm to us in writing, received by SOCAN no later than August 2, 2007, that you have complied with the foregoing demand.
Sincerely,
Society of Composers, Authors and Music Publishers of Canada
Andrea E. Kokonis
Legal Counsel
This isn’t the first time SOCAN has threatened me. I’ve had several run-ins with them on the same topic, the first coming in the summer of 2004.
I’ve just emailed Ms Kokonis:
Hi Andrea:
This is in response to your letter to me of July 26, which I received today.
This is not, of course, an improper use of the trademark, nor is a copyright infringement. It’s classic parody of the kind used on and offline every day, and that’s all it is.
This isn’t the first occasion SOCAN has tried to intimidate me and this time I’m following it up by retaining the Canadian Internet Policy and Public Interest Clinic (CIPPIC).
Because of holidays, a response won’t be possible until August 17. But you’ll certainly hear from CIPPIC by then, or before if at all possible.
I’ll also be publishing your letter, together with this reponse [sic] to you, on p2pnet in
a short item I’ll be running a litle [sic] later today.
Thanks …
Jon Newton
p2pnet.net
To me, this is a freedom of speech issue.
Definitely stay tuned.
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August 2nd, 2007 at 1:05 pm
Once again proof that these copyright nazis don’t know jack shit about fair use (or rather, they like to pretend it doesn’t exist).
August 2nd, 2007 at 1:08 pm
Unbelievable!
On second thoughts, believable
August 2nd, 2007 at 1:10 pm
isn’t there some sort of stipulation in the copyright act that states that it’s all right to use copyrights if it’s used in a satirical manner as this clearly is?
August 2nd, 2007 at 1:18 pm
I’m not knowledgeable about trademark, but I believe the premise is that you can’t use their mark in any manner which could be seen to be competing with them. Clearly, you are making commentary, not trying to usurp the mark.
You should query a lawyer just so you know where you stand.
August 2nd, 2007 at 1:23 pm
He did ——- the Canadian Internet Policy and Public Interest Clinic (CIPPIC)
August 2nd, 2007 at 1:38 pm
PARODY.
Don’t you have any form of fair use rights up there? Obviously, a parody is based on small changed to an original work. Which is an important form of expression, both in political and other areas. Using copyright to prevent parody is bullshit, and an attempt to shut down free speech.
August 2nd, 2007 at 1:42 pm
http://www.cippic.ca/en/faqs-resources/copyright-law/
“In Canada, unlike the Unites States, parody is not a specifically recognized defence to infringement. In one well-known Canadian case, a court proscribed a union from reproducing a corporate mascot – Bibendum, the so-called “Michelan Man” – in a parody depicting the character about to stomp on unwary workers debating the merits of unionization. The United States, in contrast, has clearly identified parody as falling within the ambit of fair use. The precise degree of protection in the United States is unclear, with courts drawing a fuzzy line that separates parody (using a work in order to poke fun at or comment on the work itself), which is protected, and satire (using a work to poke fun or comment on something else), which, arguably, is not. However, though its precise limits are unclear, parody is afforded at least some protection in the USA.”
Bah. And I thought Canada sucked less… But I still think you should tell them to go fuck themselves, in more polite words.
August 2nd, 2007 at 1:58 pm
This does not surprise me. In Canada if you are being sued for defamtation you must prove yourself innocent.
August 2nd, 2007 at 2:00 pm
cant you stay out of trouble newton?
August 2nd, 2007 at 2:47 pm
“Your search for ‘Kokonis’ returned 0 webpage(s), 0 lawyer(s), 1 publication(s), 0 media room item(s) and 0 recent matter(s). ”
google says she works for them, but their page does not show this lady
http://www.torys.com/people/toronto.aspx
Who is she?
Just another loser lawyer that was to stupid to get a real job, that’s why she needs to write such stupid letters to Jon?
August 2nd, 2007 at 6:44 pm
I would be very interested to know what SOCAN members think about this. Is this how they want their money to be spent? If any members read this, please tell us.
August 3rd, 2007 at 1:51 am
to the first commenter:
it isn’t about copyright nazis, it’s about trademark.
SOCAN has a mark (TMA629532) registered for the following wares and services:
WARES:
(1) Mouse pads.
(2) Magazines.
(3) Candies; letter openers.
(4) Golf shirts, golf towels; notepads.
(5) Caps; plastic trade show bags.
(6) Pre-recorded musical compact discs.
(7) Sweatshirts.
(8) CD holders; pens; coasters.
SERVICES:
(1) Operation of a collective for the purpose of preserving, promoting and administering the performing rights in the dramatico-musical or musical works of music creators and the right to communicate musical works to the public by telecommunication; licensing the world’s repertoire of copyright protected music to music users in Canada (i.e. radio and television stations, cable systems, concert halls, exhibitions, movie theatres, stores, offices, restaurants, bars, skating rinks, arenas, fitness clubs, airlines, etcetera) for the public performance and communication to the public by telecommunication of those musical works in Canada; collecting license fees and distribution of royalties to its members and affiliated international societies; distribution of royalties received from affiliated international societies that are collected for the performances of Canadian musical works around the world; promoting the cultural and commercial value of Canadian music in Canada and abroad.
Jon doesn’t sell shirts with his “hairy picture” on it, does he?
August 3rd, 2007 at 8:51 am
All the best chum. Don’t let them get you down.
August 3rd, 2007 at 12:24 pm
“without authorisation”
“unauthorised use”
“unavoidably infringes our rights”
“immediately cease and desist”
“compl[y] with the foregoing demand”
Hey SOCAN, eff you too, a-holes.
August 3rd, 2007 at 9:57 pm
Andrea…. you pulled your thumb outa your butt just long enough to write a crappy Letter…hehe
Now stick it back in…… along with your funny bone……. sideways…….! AAAHahaha
August 7th, 2007 at 1:34 am
I don’t think they actually don’t acknowledge the fact this is a parody, but they probably are just playing dumb to try and get you to remove it nonetheless. You are right, it is a freedom of speech issue and one that must be properly handled.
October 17th, 2007 at 10:54 pm
these responses seem pretty immature to me…even if socan is going overboard