[Groop] Possible Groo copyright infringment on eBay

Comics230 Comics230 at cox.net
Wed Nov 16 19:21:53 PST 2011


As an ACEO / sketch card collector, I do not see a problem with them. While technically, they are copyright infringement, a reasonable person would / should know this artist did not create Groo or Spider-Man or Wonder Woman. I have never seen a Groo ACEO, other than one someone did for me after I had several cards from them. I think this artist would be a fan. 

Question: Isn't there a story about doing cartoons and selling them to his classmates? I wonder if they were all him original creations?  

John

Go Bruins!
Go Patriots!

On Nov 16, 2011, at 9:04 PM, Kaytee <bodhikt at aol.com> wrote:

> The only thing is, Sergio (and Mark) want to be asked beforehand if their TM'd characters are going to be used, even if not for sale. And definitely, they need to be credited for the original-- he just "signed" the cards with his initials, saying nothing about copyright/TM owners. It's not hard to get permission-- Mark OK'd my use of Rufferto via e-mail. Dougie also has done Groo sketches-- but not for sale.
> 
> Maybe it's not "worth" pursuing monetarily, but both Sergio and Mark still may consider it worth "shutting down" the infringement because they want/need to retain control of their intellectual properties. And if it's a "PSC"-- why is he SELLING it?
> 
> -----Original Message-----
> From: Porter <publicporter at gmail.com>
> To: groop <groop at groo.com>
> Cc: Tone <Tone at cranksgiving.net>
> Sent: Wed, Nov 16, 2011 9:41 am
> Subject: Re: [Groop] Possible Groo copyright infringment on eBay
> 
> I think "AECO" is a typo. ACEO stands for Art Card Editions and Originals and PSC stands for Personal Art Card. In other words, cards for amateur artists and fan-art (see http://www.art-cards.org/).
> 
> Technically I think you are right, Tone. Pretty sure these lots on eBay would all be considered copyright infringement since they are of trademarked/copyrighted subjects and are being sold publicly.
> 
> It is such small potatoes though. In my opinion this is just fan-art, not a significant commercial enterprise, and is being sold for peanuts with no claim to being the copyright owner or subject originator. To me, it would seem rather petty to put the smackdown on such a lightweight transgression by a fan.
> 
> With that said though, the seller/artist really should make note of the original creator and/or copyright holder on the card or at the very least on the sale page write something to the effect of "This is a fan-created piece of art of a previously existing work by ____."  That to me would be enough.
> 
> For an interesting discussion, see http://www.plagiarismtoday.com/2010/05/13/the-messy-world-of-fan-art-and-copyright/
> 
> On a related note, I have perfected forging the autographs of SA, ME, SS & TL, which I am thinking I will use as blackmail in order to get one of my letters printed in an upcoming Groograms (if I ever get around to writing it - it's been probably 15-20 years since I last wrote one). If I am denied, I shall flood the market with unbelievably hideous, poorly drawn and conceived "original and unofficial" Groo-related comicbooks, sketches and doodles, all sold for less than the cost of materials, and thereby render Sergio and Mark as obsolete and remove them from their evil monopoly over their own works. Solid plan, right? Groop-approved? Great. Details and payment options to follow once I learn how to draw.
> 
> From the lurking shadows of the Groop and with kind regards to all,
>  ~ Porter.
> 
> 
>> From: "Tone" <Tone at cranksgiving.net>
>> Date: November 16, 2011 11:01:46 AM PST
>> To: groop at groo.com
>> Subject: [Groop] Possible Groo copyright infringment on eBay
>> Reply-To: Tone at cranksgiving.net
>> 
>> 
>> 	I saw these two auctions being sold on eBay by "hothunter" for Groo
>> cards, which are clearly not drawn by Sergio.
>> 
>> "AECO, Original PSC Sketch Groo The Wanderer"
>> http://www.ebay.com/itm/ws/eBayISAPI.dll?ViewItem&item=170730125140
>> 
>> ...and...
>> 
>> "AECO, Original PSC Sketch Groo The Wanderer"
>> http://www.ebay.com/itm/ws/eBayISAPI.dll?ViewItem&item=170730124713
>> 
>> 	It looks like this person, apparently named Mike Fletcher according to
>> the descriptions, draws up cards with subject matter, which does not
>> belong to him, then sells the cards on eBay. At the moment Hothunter has
>> cards on eBay with characters from Star Wars, Family Guy, Batman, and
>> Groo. Their starting bids are all $5 or less, but still... if he had
>> drawn himself or anyone he knew instead of popular fictional characters,
>> would anyone ever be interested in paying one cent?
>> 
>> 	I do not know what "AECO" or "PSC" in the item heading stand for, but I
>> doubt they have any legal justification for his card sales. It is not
>> like he describes any percentage going to support the Comic Book Legal
>> Defense Fund or anything like that either. Can anyone in the Groop
>> clarify what those acronyms mean?
>> 
>> 	Gary, is this a case where you might have to inform Sergio or Mark?
> 
> 
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