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Mark Timms is a copyright infringer
Posted by Smartie on December 28, 2007Mark Timms has been tweaking his new blog mysuperad.blogspot.com, complete with another thin animation of ‘him’
Not only is he illegally using the term Super Bowl (owned by Fox and the NFL), but he’s put 21 logos of large corporations in that demo commercial he’s got on there, without their permission. That’s copyright infringement. And companies don’t like that. Especially when it then looks like those companies are affiliated with MySuperAd/MyBowlAd, the big, fat scam.
I’m sure those companies will be discussing this with you soon, Mark. They’ve all been notified. And I have a copy of your commercial to supply them, should you decide to delete it from YouTube.
Didn’t you learn about any laws before you dropped out of college?
Hey where is that video? Can you post it here? Thanks.
Bye for now.
You can see it right here - http://www.youtube.com/watch?v=puXdby8OnEM - for now. Until Timms deletes it. He removed it from the front page of his blog, but it’s still on the other pages.
That’s not copyright infringement in any understanding of the law, that’s fair use.
Actually, Christopher “Foster” Hooks, according to one definition:
Limited circumstances under which it may be allowable to reference or sample works without seeking an express release from a copyright holder. The circumstances under which fair use may apply include criticism, comment, news reporting, teaching, scholarship, and research. Four tests are involved: purpose and character of use, nature of copyrighted work, amount and substantiality of portion used, effect of use on potential market for copyrighted work.
None of which cover this demo commercial.
Infringement, on the other hand:
The use of a work or a part of a work without permission, or the improper use of another’s trademark or a confusingly similar mark that creates the appearance of an affiliation with or actually being the other product or service.
None of the companies gave permission, and it gives the appearance of an affiliation. I’ve had ten or more emails from those companies expressing their dismay at their valuable logo and name being used by Timms. They don’t see it as fair use.
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