WWARMD?
I had a little minor controversy last week that helped to inspire the latest cartoon. I took my version of the Flying Spaghetti Monster and made it available on stuph in the Anarchy In Your Head store. I did make a point to look for any evidence of a trademark or potential copyright violation first. While I don’t personally believe in those laws, I realize that people with lawyers do and I didn’t want trouble. Didn’t find any. In fact, I made a point to search Cafe Press stores and found numerous people selling various F.S.M. products, some using images seemingly ripped straight off of The Church of the Flying Spaghetti Monster website, which struck me as at least rude and distasteful even if I don’t think it should be illegal. So I put my shirts with my original from-scratch cartoon drawing up in the AIYH store. Shortly thereafter I got a notice from Cafe Press that they’d gotten a complaint about my image, which they believe may be a violation of copyright law, and when I spoke to them on the phone, they directed me to look up the details of copyright law, which I did.
So I wrote them an email with some text copied directly from the U.S. copyright website. (Crap! Is that a violation of copyright law?)
What Is Not Protected by Copyright?
Several categories of material are generally not eligible for federal copyright protection. These include among others:
- Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
- Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
In short, any specific artistic expression of the F.S.M. is automatically protected by copyright according to U.S. copyright law, including mine. However, the concept of the F.S.M. is not. In fact, as I understand it, the character was introduced into the public domain in the Kansas school board evolution controversy and therefore cannot be subject to copyright even if a concept could be copyrighted, which it can’t. I don’t intend to pursue this legally. I may discuss this with the person who posted the complaint and try to straighten out any confusion. I’m still wondering why my image was targeted while so many others, some blatant copies, appear to have been on sale for a while. I’m a fan of the Flying Spaghetti Monster and consider myself a pastafarian and certainly don’t want to be at odds with other pastafarians. Afterall, atheism is an excellent analogy for the philosophy of anarchism as I described in a previous post.
This particular situation isn’t even an example of copyright since in this case, it appears that the law is being misinterpreted. However, I do plan to write an article about my feelings on copyright in an upcoming post called “How Much is a Tribble Worth?” so stay tuned.
So the next time you’re faced with a morality dilemma, don’t ask yourself what Jesus would do. Don’t ask yourself what the Flying Spaghetti Monster would do. Ask yourself what the Amphibious Rotini Monster would do! Copyrights are a man-made fiction and the A.R.M. certainly wouldn’t threaten violence against innocent people, based on a bogus law, for offering competitive products in a free market.
April 25th, 2008 at 11:50 am
FSM vs. ARM? Tough call. They both got advantages. One will touch you with his noodly appendage, the other will feel you with his spirally limb.
I suppose that from now on I will consider myself a follower of both Pastafarianism and Rotinianity.
RAmen.
April 25th, 2008 at 1:21 pm
Yeah, I had my own run-in with Cafe Press and a claim of copyright infringement. They’re so scared of the issue that if anyone claims infringement, you have to prove that you’re the copyright holder before they’ll let you sell your stuff.
In my case it was two Greek letters. I, as a fraternity alumnus, wasn’t allowed to combine those two letters on a shirt for my alumni association. Who knew that letters themselves were copyrighted?
Obviously they’re not, but Cafe Press wouldn’t budge.
April 25th, 2008 at 2:32 pm
Nice work, man. Don’t let them push you around. I swear, the bludgeon of copyright was the one of the biggest failures of the U.S. constitution and founding documents, right up there with interstate commerce and the welfare clause. I am a newly minted opponent of IP, thanks largely to my lurking on Stephen Kinsella’s listserv, and the more I learn about it in actual practice, the more I see it as a way for people to co-opt the full force of the state, guns and all, to scare competition out of the market and maintain artificial exclusivity and high prices. I think culture AND commerce would benefit greatly from a seriously diminished copyright scheme.
Also, I really dig your comic! So much so, in fact, I’m gonna start one of my own, so look out! You’ve inspired competition!
April 25th, 2008 at 2:34 pm
That’s great Dylboz! It’s not like people can only read one comic a day.
I think there’s plenty of room for more webcomics, particularly liberty-themed ones.
April 25th, 2008 at 3:34 pm
Amphibious Rotini Monster! HAHA!
Do the Rotinianians dress like Ninjas? Will there be a wine tsunami and Exotic Dancer manufactory in heaven?
You sir, are a master at schism creation.
April 25th, 2008 at 5:56 pm
Yes, Rotinians are associated with ninjas.
And no, it’s a mead geyser and a prostitute assembly line.
And his first creation was no midgit, it was a dwarv.
April 25th, 2008 at 8:25 pm
Excellent.
April 25th, 2008 at 8:48 pm
Dale, I sent you an e-mail. Your use of the Flying Spaghetti Monster is fine in the eyes of Bobby Henderson, the guy who wrote the letter that introduced the FSM and provided the first likeness. If ANYBODY has a claim to anything FSM it’s him.
I’ve forwarded Bobby’s reply to you - he said he likes the strip.
April 29th, 2008 at 6:09 pm
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