Girl, 13, gets legal threats from Game of Thrones for using ‘winter is coming’ i

[patch]

Girl, 13, gets legal threats from Game of Thrones for using ‘winter is coming’ in artwork

Felicity Wilcox, 13, was told that HBO would sue her for breaching their copyright if she didn’t remove the phrase from art website RedBubble.
 Redbubble said it was contacted by HBO lawyers who argued her art breached copyright of the show’s trademark phrase – coined by Ned Stark who is played by Sean Bean in the series.
Her father, Jonathan, said: ‘Why are they picking on a 13-year-old girl? I think they’ve got bigger fish to fry if I’m honest.
Johnathan said Redbubble obeyed HBO’s demand and forwarded him a copy of the takedown notice.

He then investigated on the web and found some artists on Etsy had also received the letter.

RedBubble said the website had a ‘legal obligation’ to act on takedown notices under the Digital Millenium Copyright Act.
 

http://metro.co.uk/2016/12/14/girl-13-gets-legal-threats-from-game-of-thrones-for-using-winter-is-coming-in-artwork-6322099/

http://www.dailymail.co.uk/news/article-4032504/Game-Thrones-threatens-SUE-autistic-schoolgirl-13-girl-used-phrase-winter-coming-artwork-competition.html

[Rebecca]

Aw, this really is shameful behaviour on the part of HBO.  "Winter is coming" memes and artwork are all over the internet!

[patch]

Game of Thrones: HBO denies threatening 13-year-old with lawsuit

HBO is denying down a sensational claim that the company is threatening to sue a 13-year-old Game of Thrones fan.

Multiple outlets reported how a UK teen received a dire warning that she faced legal action from the network for using the tagline “Winter is Coming” on her online artwork. Felicity Wilcox posted an image as part of an amateur art competition on the website Redbubble. Her parents say she’s autistic and have reportedly expressed outrage when she received the notice.

“Why are they picking on a 13-year-old girl?” Felicity’s father Jonathan told the UK Daily Mail. “Flic was really scared when the email mentioned the complaint and the possibility of a lawsuit … My initial reaction was shock, like, ‘What the hell is going on?’ It is just so heavy-handed for something so menial.”

But HBO says what really happened wasn’t nearly so Grinch-y.

“We love when fans are creative in their support of our programs,” the network said in a statement obtained by EW. “These works live online in many incarnations and in the past we have celebrated them by drawing attention to them. Many for-profit websites that sell products, such as Redbubble, take steps to avoid infringements as part of their standard operating procedure. To suggest a particular individual was targeted, or that HBO threatened legal action against her, is simply untrue.”

The complaint received by Wilcox shows it was issued by Redbubble, not by HBO. In the past, HBO has warned Redbubble and others not to sell unauthorized products that use their copyrighted materials. It’s unclear whether Wilcox’s art, in particular, prompted HBO to nudge Redbubble or, as the email suggests, if the company was being proactive. (Redbubble could not be reached for comment.) It certainly must be unnerving for a young person to receive such a legal-ish warning, but headlines making it sound like HBO is bullying kids over mere fan art are misleading.
 

http://www.ew.com/article/2016/12/14/game-thrones-hbo-fan-lawsuit

[Rebecca]

Interesting. It made HBO look like jerks, but I guess it was Redbubble, although I went to their site and put in "Winter is coming" in the search bar and got hundreds of results.

In the past, HBO has warned Redbubble and others not to sell unauthorized products that use their copyrighted materials.

I wonder what exactly they have copyrighted.

[galamb]

"Winter is coming", GOT is filmig in Spain, they all are in Spain, and also Winter here, rain and cold, now, they all are in Cáceres. Great battles next season. The last 3 seasons filmed here in Spain

[Waverunner]

Interesting. It made HBO look like jerks, but I guess it was Redbubble, although I went to their site and put in "Winter is coming" in the search bar and got hundreds of results.

In the past, HBO has warned Redbubble and others not to sell unauthorized products that use their copyrighted materials.

I wonder what exactly they have copyrighted.

Everything and anything that encompasses GOT, script, costumes, sets, etc., including phrases such as "Winter is Coming." It is a part of the script and it has become a GOT trademark phrase.
 
If HBO does not actively pursue those who infringe/violate the copyrighted materials of their shows, they risk sitting a legal precedent of not pursuing violations of their copyright. If HBO chooses to take any of those who violate their copyright to court, it makes their case weaker and much harder to win a monetary judgment against the violators. After all copyright is mostly about money, (loss of profit from sales of their product).

How do you know that all the others with the phrase "Winter is Coming” you searched on Redbubble, have not been contacted and sent the same cease and desist letter or have asked permission of HBO to use the phrase? (rhetorical question).

Interesting side note; It is the FBI that investigates if violaters ignore the cease and desist letters and the copyright holder chooses to file charges.

"If you believe that a criminal infringement of copyright has occurred, you may contact the Intellectual Property (IP) Program of the Financial Institution Fraud Unit of the Federal Bureau of Investigation.

Two main FBI divisions investigate intellectual property crimes:

1.  Cyber Division
-investigates intellectual property crimes involving all digital and electronic works (including Internet, CDs, DVDs, etc) www.fbi.gov/ipr
2.  Financial Institution Fraud Unit-all other intellectual property crimes" [/i]

If you want to know more about copyright infringement go to:
https://www.copyright.gov/help/faq/faq-infringement.html

Quoted citation: "FAQ" https://www.copyright.gov/help/faq/faq-infringement.html

[Annie]

Interesting. Thanks for posting that Waverunner. In this case, there's not a lot the FBI can do given the girl is in the UK.
I suspect that all this only earns megabucks for the lawyers who issue all the warnings.

[Waverunner]

Interesting. Thanks for posting that Waverunner. In this case, there's not a lot the FBI can do given the girl is in the UK.
I suspect that all this only earns megabucks for the lawyers who issue all the warnings.

Annie, You're Welcome.

Actually, the FBI works in conjunction with foregn law enforcement when copyright is violated.

"In the UK "IP crime make you and your business liable to a potential fine of up to £50,000, and a custodial sentence of up to 10 years"

Copyright info for the UK:
 https://www.gov.uk/guidance/intellectual-property-crime-and-infringement

quote citation:   https://www.gov.uk/guidance/intellectual-property-crime-and-infringement