BlueSunShirts.com gets FOXed
Alex from BlueSunShirts.com reported receiving a cease and desist letter from FOX asking him to please stop making anything “related in any way to the Firefly Series.” He’s got two weeks to close up, although he’s looking into licensing and could use a hand with that if anyone out there knows how to go about it.
I hope he does, he was one of the very first to start making shirts and he’s got great designs you can’t find anywhere else. But this marks a gloomy precedent for Browncoats, who have made tons of their own stuff in the absence of offical wares. Are more letters forthcoming? Five years later, is FOX starting to realize they have a valuable property? How are they defining “related”?
Few fans would dispute that FOX has the right to protect their copyrights. But will this be the same sort of massive attack on fansites as the Simpsons and X-Files onslaughts that alienated their most fervent fans, or will they take an approach that recognizes the value of fansites to the franchises — especially this one — and limit the C&D letters? Keep an eye out, boys and girls.
Edited to add: So far the comments have been negative, which is understandable, and angry, which is regrettable. The fact is that all fan-made merchandise that uses images or logos from the show is a potential infringement of copyright and FOX is well within their rights to protect it. A company called Ripple Junction has gotten the licensing to produce Firefly shirts and for all we know they asked FOX to help protect their license (or FOX lawyers may be doing it as a matter of course). Getting more licensed stuff is great, since it helps show the compnay it’s a profitable franchise, but the downside is a crackdown on unlicensed stuff. Here’s what I posted at whedonesque:
I don’t think anyone really disputes FOX’s right to enforce copyright and trademark protection. But it’s also true that determined copyright infringement from fans have helped make this franchise far more valuable than it would have been otherwise, on a scale unseen since the original Star Trek.
I think FOX, as a good PR move and as a source of extra income, needs to go ahead and set formal guidelines for fan use. Place no restrictions on the amount or variety of images, audio, and text from the show that can be used. But, say, no film or audio clips over a certain length, or a certain filesize, and no text beyond accepted Fair Use percentages so as not to compete with commercial releases. No pictures or screencaps over a certain size or resolution so that printing becomes impractical. No trademarked logos or character likenesses on sold items (much like CafePress’s existing copyright rules, and the same restrictions New Line placed on their recent Snakes on a Plane/CafePress promotion). Maybe a restriction on the number of individual designs sold, you could sell 25 of any given shirt before you had to pull it, or something.
I’d even like to see a streamlined licensing system set in place for fan-created merchandise; FOX would lose a bit of quality control, but a buck from each fan shirt sold would certainly add to their bottom line. Hell, let them set up their own CafePress knockoff site where fans would create the designs and get a cut of sales and FOX would get the rest, or work up a partnership with CP with the same result. I’m sure there are legalistic and tax code nightmares involved I’m blithely unaware of, but it would be a step towards the current reality: fans are part of what they watch, and networks should be working with them to everyone’s advantage.FOX has a rep for quirky shows that small groups of fans embrace with frightening intensity. They need to be out in the lead with new ways to court those fans, and an initiative like this would help. I have no doubt Browncoats could (and have) done amazing things even under clearly-understood restrictions, and we’d go on acting as thousands of unpaid marketers.
While we’re clearly not happy with FOX, both for the way they treated the show the first time and this, I urge you to keep the comments productive. Yeah, FOX is acting like a corporation. When have they not?
If anyone else gets anything legalish, please let me know. And be sure to visit bluesunshirts.com while you can.
September 15th, 2006 at 7:31 am
It seems like FOX is like the rich, whiney little kid who says…..”If you guys won’t play the game by my rules, I’m gonna take my ball and go home, so waaaa”.
September 15th, 2006 at 10:41 am
Just ordered a bunch of stuff I’ve been meaning to order from them.
Now is a good a time as any!
Berry
September 15th, 2006 at 2:08 pm
God forbid someone else should make a little money off of a property that THEY DIDN’T WANT…
September 16th, 2006 at 12:35 am
How typical is this! Won’t be long before every fan group named “Anything Browncoats” is sent a Cease And Desist Order. Sad part is, there don’t even have to be any profits involved for an “intellectual property owner” to demand the end of use of that intellectual property. Oh, I’m not a lawyer, but I do despise their soul-sucking tendrils reaching into every fun thing in the world.
*SIGH*
September 16th, 2006 at 12:58 am
This is bulls***. Absolute bulls***.
September 16th, 2006 at 8:30 am
I didn’t think that FOX could screw up this property any more than they already had, but here they go ruining it for everyone AGAIN! If The Simpsons weren’t on Fox, I’d never watch that channel again.
September 18th, 2006 at 7:11 pm
That’s it. I’m not watching FOX anymore.
September 18th, 2006 at 7:28 pm
it seems to me that fox has a grudge against this show. they want it gone and forgotten.
well, ive got some news for them: the more they try to squeeze the more we will resist. firefly will never be gone and never be forgotten. im betting that itll outlive FOX.
September 19th, 2006 at 8:52 pm
Licensing…you could talk to Margaret Weis (of RPG fame) or 11th Hour (of the art fame)…but I hear tell it is like $12000 for licensing, at least for the Serenity movie end of things. I could only imagine how much FOX would look to extort…
oh, and am I mistaken, or did FOX release on THEIR OWN FIREFLY WEBSITE, the Blue Sun logo with the term, and I quote, “ENJOY!”? Also, I believe it was in their Press Release Kit along with a bunch of other stuff.
September 19th, 2006 at 8:54 pm
Here is the FOX Firefly site…
http://www.fireflyfans.net/firefly/features.htm
September 20th, 2006 at 5:25 pm
Didn’t FOX post a file with the Blue Sun logo on it for download when they still had a site up, with the idea that it would be used for iron-ons?
If they did, wouldn’t that mean they had released that logo for free into the public? How can they then restrict its use now?
In other words, I believe I had (have?) a graphic suitable for iron-on that I got FROM THEM when the series was still on. If they gave it out, I should be able to use it.
Or is it actually the “for profit” part of the equation that’s the issue now?
September 22nd, 2006 at 4:38 am
Yeah Melibabe, the Blue Sun logo is STILL freely available on the official site as a very large GIF file. The download link is followed by “Enjoy!” which is probably a play on the ads from the show, but still. A big part of enjoying is sharing, and it’s simply a reality that sharing costs you money, so having people cover your costs is not unreasonable, especially if there is no profit involved.
At any rate, I’m not saying that it’s legal, but judging from the pricing on the bluesunshirts site, it’s not likely a main source of income for the guy. He’s simply a passionate fan that took some initiative to ‘quench our collective thirst’ for Firefly paraphernalia. Covering his costs, and maybe a bit extra for his time and effort isn’t immoral by any means. He even includes shipping IN the price!
I can see FOX making an issue of this if 1) He was charging more to capitalize on the lack of official merch, 2) He had a larger range of products available, which would suggest a larger, more exploitative operation, 3) if there was already a place to easily find this type of merch which was being undermined by this unofficial vendor. (According to some posts there is SOME offical merch available, but where? It’s no good to the fans if it can’t be found)
Although fun, and supportive of the sense of community, it’s also unfortunate that fans have no choice but to purchase from other fans (without being able to support the show) but then again, it’s also unfortunate that there is no longer a show to support.
Unless FOX plans to more actively utilise the Firefly/Serenity/BlueSun ‘brands’ in a not-just-DVDs merchandising capacity. I think that they should let it go. Yes the argument exists that “unofficial products hinder the liklihood of official merchandisers seeking lisencing rights from Fox”, and it is a legitimate argument that there is a hypothetical financial loss to Fox because of potential lost lisencing. However, this is just a fan helping other fans stay interested. Interested in a series that died because Fox did the EXACT OPPOSITE. They didn’t help. Any money that Fox has lost is due to the decision to cancel the show and all support of it.
CONCLUSION: Fox is being the selfish child that doesn’t want to play with a toy until they see someone else having fun with it.
September 22nd, 2006 at 8:22 am
Does anyone know if BlueSunShirts has already shut down? I ordered like $50.00 worth of stuff from the site about a week ago, got the paypal reciept and everything, but haven’t recieved any word as to the progress of the order. Not even a tracking number or anything. I emailed him a couple days ago just to make sure everything was shiny but he still hasn’t responded.
I’m assuming that he’s just way backed up, hopefully because so many people are trying to get their orders in now before it’s too late, but still, it’d be nice if there was more information on the site that might answer these types of questions.
Thanks!
September 22nd, 2006 at 9:15 am
Honestly, I can’t really blame FOX for this. There is a LOT of Firefly merchandise out there that they don’t get paid for. They are well within their rights to tell people to stop selling things they don’t have the rights for.
Doesn’t mean I like it, though.
There could be an up-side to this. Perhaps they hope to do it themselves.
There are a few shirts at Hot Topic. They’re about $18 a piece. Good quality too. Personally, I did the iron-on thing. $2 for a t-shirt, and $1 for the iron-on paper. If it wears off, well, I’m only out $3.
September 23rd, 2006 at 7:52 am
I ordered another “Slim’s Used Spacecraft” shirt” on the 15th and it arrived yesterday, if that helps any.
September 23rd, 2006 at 1:54 pm
I have many of Alex’s shirts, but just got two more after reading the news. The fighting elves is gorgeous. Got another just in case I wear this one out! Also got another Blue Sun…..who knows when we’ll be able to get another one, and I *sure* don’t want my money going to F** (unless they re-start the franchise)……
September 27th, 2006 at 11:10 am
I ordered a bunch on the 15th and still haven’t received anything.
slims - xxl - Tan
khaki - ‘Blue Sun Shirt’ - xxl
Fighting-Elves - xxl - Orange
Black- ‘Blue Sun’ - Knit Hat
Khaki - ‘Blue Sun’ - Hat
Should I email him?
Berry
September 28th, 2006 at 1:26 am
http://www.bluesunshirts.com/the-end.jpg
October 2nd, 2006 at 10:50 am
Seems to me the smart thing would be to negotiate a license with Blue Sun Shirts. That way, Fox gets to keep their eye on the property AND make their cut of the profits.
But who ever accused television execs of being smart?
October 3rd, 2006 at 3:34 am
The Blue Sun network is at it again. Those folks just don’t get it. Leave the fans alone. Somebody had to explain to them there cancelled show has merchandise oh gosh we must sue.
October 4th, 2006 at 10:32 pm
Call your website Serenity World.com
…TheVerse.com…Serenityverse.com…Universal now owns the name Serenity…not Fox…therefore, once you institute a name change of your website to something under Universal’s control…Once that is accomplished, you can easily argue in court that what you do with the name is none of Fox’ business, as the name is owned soley therein by Universal, as related to the production and release of the movie Serenity. Should Fox, et al, continue to pursue this matter…again, after your site’s name change goes through…you should remind them that you have grounds to sue them for unlawful harassment, as they have no legal standing in matters involving the movie Serenity, which is owned by Universal.
In the end, this is just a part of Fox’ further efforts to try and take down Joss Whedon, and thus, his many fans…for giving them, Fox, a much deserved middle finger!!! But don’t give in…Let those two bit bastards know…You can’t stop the signal!!!
October 5th, 2006 at 3:22 am
Oops…I thought you guys were simply talking about a website name change. Oh well…My same suggestions however would apply to T-shirts, depending on whether Universal owns rights to merchandise related to the movie or not. If they don’t…your T-shirt making pal should simply put the “You Can’t Stop The Signal” tag line from the movie Serenity on his shirts…and the name “Serenity”…which Universal controls. If Universal has no problem with it…you are fine. Besides…it will only help their DVD sales of the movie if your T-shirts, virtual billboard advertisements on peoples’ clothing, are widely circulated!!!
October 6th, 2006 at 10:17 am
Anyone have this guy’s email? I tried the email that showed up on the paypal transaction, but have not got a response since I emailed that one 4 days ago.
Thanks.
Berry
October 6th, 2006 at 8:41 pm
he’s very busy lately, as you could imagine. he will get to your message….
October 19th, 2006 at 9:11 am
I got the first of my “final” orders from Blue Sun Shirts this past Monday. So fear not. If you haven’t already gotten yer order yet, I have all ideas Alex will be getting them to you very soon. :)
October 25th, 2006 at 1:49 am
I ordered the Jayne “Trouble Maker” shirt in XXL from him back on the 6th and still havnt gotten it. Although this will be the first firefly/serenity related clothing ive ever bought its been my experiance that firefly fans are not only honest but good natured people. which is why i have no intentions of disputing the charge or send demanding emails as i have with other non-firefly related websites/sellers.
i feel that one of these days ill wake up to a package on my front porch with my shirt inside, so i will be patient with “Alex” :) i have faith.
November 24th, 2006 at 6:48 pm
I ordered a Serenity Charity Screening T-shirt from Blue Sun Shirts w-a-y back in June and despite repeated promises from Alex that the shirt was on the way I have yet to receive anything from him. At this point I don’t have much patience or sympathy for left for Alex, regardless of how much I don’t care for the beast that is FOX.