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About Photography / Hobbyist Official Beta Tester Jill AuvilleFemale/United States Recent Activity
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Warning to instant camera users

Journal Entry: Tue Dec 2, 2014, 7:17 PM
... and who are on Redbubble:
today i have recieved 7 emails from Redbubble (so far, i get a new one about once an hour, so there will most likely be more).
Each email is as follows:

Dear Jill,

We have removed the following content from Redbubble as a result of having received a complaint from PLR IP Holdings, LLC (Polaroid), the claimed owner or licensee of related intellectual property, and in accordance with Redbubble's IP/Publicity Rights Policy:
(name of image removed)

As you will be aware from our IP/Publicity Rights Policy, Redbubble requires a certain amount of information before it acts on such a complaint, including that:
  • the relevant content is specifically named;

  • the complaint came from the owner of the respective rights (or someone authorized to act on their behalf); and

  • they have a good faith belief that the use of the relevant content is not authorized by the content owner, its agent or the law.

If you believe that removal of the above content is the result of a mistake (for example, that you have authorization to use the relevant content from the content owner) or misidentification, you can send us a counter notice. Such counter notice must provide the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the relevant matter;

  2. a description of the content which we have removed, including the URL on which the content was located on the Redbubble site;

  3. your address, telephone number, and email address;

  4. a statement by you that you consent to the jurisdiction of the Federal District Court, San Francisco County, California, United States and that you will accept service of process from the person who provided notification described above or an agent of such person;

  5. a statement by you that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

If you would like to send a counter notice please email the required information above to dmca@redbubble.com.

Please note that in some circumstances, if the work does not comply with our User Agreement and/or IP/Publicity Rights Policy, we may not be able to send your counter notice on to the complainant, rather we may inform you at the time of receipt that we cannot reinstate the work. We may also request further information from you in order to determine whether the work can be reinstated.

However, you should be aware that in most circumstances we will inform the complainant that you have provided a counter notice, as well as provide the complainant with a copy of your counter notice, which will include your personal contact information. The complainant will have 14 days to bring legal action against you in the United States. After 14 days, if they do not bring legal action and you would like your content restored to the Redbubble site, you may contact us to request that we reinstate your work. Redbubble may restore the content at that time if it otherwise complies with our User Agreement and IP/Publicity Rights Policy.

Further information regarding Redbubble's IP/Publicity Rights Policy and User Agreement can be found here:

help.redbubble.com/hc/en-us/ar…

www.redbubble.com/agreement

Regards,

Redbubble Content Team

So far, 7 of my instant images have been removed.
they are all shot with Polaroid cameras, using either expired Polaroid film, or film from The Impossible Project.
ALL images are my own:
i bought the cameras, i bought the film, i created the photos using my own ideas, i placed my finger on the shutter and pushed it.
i have the originals, the actual physical images are in my possession.
not copies or prints of these images, i have the ORIGINALS.
let me repeat:
i took these images.
i am the photographer.
the images are mine.
the cameras are mine.
the film is mine.
so what the -excuse my language here- actual fuck are Polaroid trying to pull?
how the fuck can they claim ownership on MY photography?
i have spent the last couple of hours shooting off emails to Redbubble, Polaroid, and the Impossible Project, but i still have no clue what the issue is.... how am i infringing on Polaroid?
by using their product?
or by mentioning their product?
can i not talk about Polaroid?
in my description to each image i post (not just on redbubble, i do it here too, and on flickr), i put in a short description of the equipment i've used: camera- and film type.
am i infringing by doing that?
is it because redbubble sell prints?
are we not allowed to sell prints if they're created using Polaroid products and/or by mentioning Polaroid products?
has anyone else experienced this?
i am truly baffled (and a tad enranged) by all this.
as i was typing this journal out, i got another email from redbubble.
8 of my images have now been removed.
all are instant images, using Polaroid cameras.
this, apparently, is copyright infringement :police:


:iconangryplz:

edit: updates are in the comments



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JillAuville
Jill Auville
Artist | Hobbyist | Photography
United States
I was expecting applause but I suppose stunned silence is equally appropriate

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:iconzosiaq:
zosiaq Featured By Owner Dec 2, 2014
thank you! balloon 
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:iconkatworks:
katworks Featured By Owner Dec 2, 2014
thank you! :hug:
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:iconsergioianniello:
SergioIanniello Featured By Owner Oct 10, 2014  Hobbyist General Artist
Thanks for adding my work to your great feature.
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:iconr9a:
R9A Featured By Owner Sep 17, 2014
Thank you for the fav! :halfliquid:
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:iconirrblossen:
Irrblossen Featured By Owner Sep 15, 2014  Hobbyist Photographer
Thanks for the fav, I love your gallery! :)
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