How Can Mensa Do This?

My first thought is what a load of crap. No way can Mensa have claim to the light-bulb-as-head concept.

W.T.F.

I got the same kind of letter about one of my images in relation to a Wizard of Oz reference. I didn't us anything that was directly from the film and nothing that was copyrighted, everything was original. However when I pressed Zazzle about why they declined it, they said they carried some items that were licensed from MGM and therefore were refusing to carry anything that was derivative or "fan art" because it represented some kind of conflict of interest.

Now in your case, it's more ambiguous. Let's assume Zazzle has a stick up their collective behinds when it comes to gray areas. It's also clear that they have the right to refuse anything for any reason. But they said Mensa contacted them and asked them to remove it. That means someone at Mensa decided that your work was in violation of thier copyright. Now, their logo is an open sphere where a person's head would be, but to consider that infringement is so far reaching as to be laughable.

Now, I don't like Zazzle and closed my store anyway, but they're an income generator for you I would contact Mensa and ask them for specifics. They can't copyright a concept, or an idea. They can't copyright every image of any person with anything other than a standard head. Maybe they're infringing on YOU.

Mensa wasn't in your keywords or anything, was it?

This is where you open a contest inviting all FAA artists to submit their own versions of a light-bulb-headed individual...

While I understand that you have to have a level of protection against people abusing copyright (not yours here, of course), they go WAY overboard. I have this image here on FAA. It obviously is a symbol of caution anywhere. However, they pulled my product and would not let me use it unless I gave it a different name and didn't use the word "caution" anywhere. "Supposedly" there was a clothing company out there claiming rights to it. I tried to argue about it to no avail, and ended up having to rename it "Warning". How stupid is that!

that's the problem with that site. someone claims its theirs - they take it down without asking for proof. makes you wonder how they found it and why attack it? and are they attacking everyone with lightbulbs? makes little sense. and even if you were right, and put it back, you lost your ranking.


---Mike Savad
MikeSavad.com

did you by any chance mention mensa in some way, in the description or tags? just initials are enough.

like dare to put US army or even USN and they pull it all.

---Mike Savad
MikeSavad.com

don't use anything escher either - the escher estate claims anything with that name in it.

---Mike Savad
MikeSavad.com

I've had the same thing happen in YouTube when I used a song in the Public Domain, an original recording by Edith Pilaf, but someone claimed it. Too much trouble to fight it.

No Mike never used those tags. and if anyone is going to tell that Magritte did a light bulb head painting I know, that's where my idea came from except mine is female. Exactly Valerie one can't claim they own a concept. If one could do that I would do that with many of my concepts I had with insomnia. I am going to try to get to the bottom of this with Mensa tomorrow. Hope I get somewhere

now i wonder if someone else there has a lightbulb lady and is just pretended they are from some odd place.

---Mike Savad
MikeSavad.com

I thought that also Mike I actually have 3 more versions of this piece here on FAA and in zazzle so it's weird ,didn't they see my others?

all, the Americana iconography that you use and they claim the lightbulb head is a copyright infringement?
thatz strange......

are they awaiting for you to challenge it so they can through Ronald McDonald in your face?
makes one think......

here are my other versions (totally original by ME) are they going after these also soon?



it's like WTH!?

lol no kidding Drew, it's like with some of my work I am saying catch me if you can lol especially with my fast food parodies but I am protected with most of my work my interpretation and parody laws thanks to Mad magazine and Weird Al

It's a good thing Drew my Ronald McDonald pieces are protected by law :) and I just finished a new one last month did you see it? I think it's one of my best in the series "Fast Food Nightmare 4"

American Mensa is a big organization, it's probably some kind of mistake. They're not usually bad guys, and some of the members are pretty smart. They're probably smart enough to not claim rights to paintings if they're yours, not theirs. Try contacting American Mensa, include a copy of the communication from Zazzle, and see if Mensa will help you clear this up.

******
Nevermind... Dan's got a better idea (below).

If Zazzle's action is the result of a DMCA takedown notice, you can file a counter notice to restore the image. The work will remain offline for 10 business days, after which, if no additional action has been taken by Mensa, the work can be restored.

The DMCA requires hosts to ban repeat infringers from using their service and, if you do not file a counter-notice, the takedown counts as a “strike” against you and you can be banned even though you are not infringing.

https://www.plagiarismtoday.com/2010/06/03/7-common-questions-about-dmca-counter-notices/


Dan Turner
Dan Turner's Seven Keys to Selling Art Online

i guess mensa thought they were being smart or something.


---Mike Savad
MikeSavad.com

if mensa was mentioned there, they are all off now. not a single thing in the search there.

i think we had stuff that went to mystic seaport, however some of it was the town of mystic - the museum had Z remove everything with that word - mystic.


---Mike Savad
MikeSavad.com

I'll pop in before this thread is closed to say that I, and a few others that I know, have also been hit hard (inexplicably, unexpectedly) by the big Z in the last month or so.

My guess is, there's more going on there than we know about. And the big Z ain't in an explaining mood! :-/

I agree Wendy, I actually was surprised they even replied and gave me Mensa's info that they were the ones

usually what happens is, there is a sweep, then a new store featuring just their stuff. though usually, they give you the -- we want all your images and all control of your prices. and we will give you the scraps for your own image. or you can erase it.

or do like me and remove all the content that makes them find me and leave it there.

i'd rename this and upload it again.

---Mike Savad
MikeSavad.com

One site that will remain unnamed goes as far as to not only pull images, but not allow words. Like for instance...they got a complaint about the music group "Boston" and now I cannot list a Boston Terrier. Dumb.

I hope you get to the bottom of it!

As we all know, we can't discuss the competition here.

That aid, stick to the original thought bout why Mensa thinks they can claim such a thing. Some places go a touch overboard in what they allow and do not allow. Anything and everything that might be trademarked or is even argued as a copyright is simply removed. I had a tie taken down because it said go tigers. No particular tigers mind you and it was a tie with a tiger on it. Go figure.

How any particular site handles something beyond FAA is beyond what is allowed here. Keep it to the can Mensa do this topic and I will leave it open.

That is dumb Sharon, States ,cities things I have seen it all if some major company or band uses it. I can't even use the word Zeppelin for one of my painting on Z that is called Lead Zeppelin having to do with a blimp and a pencil and zeppelin is a blimp but Led Zeppelin dominates the word and it can't be used ,stupid I think, here is that image I was talking about

That is dumb Carolyn, one can't use "Caution" ? Why? very weird, maybe everything we say or do will be copy written by someone eventually and we'll either have to pay to use a word or things will just shut down because it all went nuts to extremes

All I can say is what a bunch of wimps at Z. Basically they want to wipe their hands of it. They seem to have no interest in standing up for their artists.

Sure it wasn't Densa? (https://en.wikipedia.org/wiki/Densa)

i did a reverse image check on the image everything shows your work but two links that show the word mensa & the other site " Z " you are on but never show that image if you go to the link -no way are they speaking of mensa international -

hmmm that's interesting Tom , I wonder what's up with that then , I almost wish really had my image thinking they owned it so I could sue them lol ,you never know till I talk to them tomorrow

zeppelin the blimp company may still be trademarked

i found a neat site today when looking for something else

http://www.trademarkia.com/trademarks-search.aspx?tn=zeppelin

it shows what is currently in trademark or if its expired. so while lead zeppelin got taken down because of the implication, there are a lot of other people using that name.

which then brings up the question: http://www.trademarkia.com/trademarks-search.aspx?tn=mensa i wonder if they are attacking these companies.


---Mike Savad
MikeSavad.com

funny Mike, they can pick on a small time artist like me when all those companies have the same name as them, they must be bored

Found this here: http://www.sacramento.us.mensa.org/handbook.php

Light Bulb, as in "How many... does it take to screw in a light bulb?", a popular joke form with Mensans. Some favorites:

Marxists
None. The light bulb contains the seeds of its own revolution.
Christians
Three, but they're really only one.
Zen Masters
Two. One to change the bulb, and one not to change the bulb.
Surrealists
Two. One to hold the giraffe, and the other to fill the bathtub with brightly colored machine tools.
Existentialists
Two. One to doubt the existence of the bulb, and one to question the need to change it since we're all destined to die anyway.
Supply-side economists
None. The darkness will cause the light bulb to change itself.
Lawyers
Two. One to change the bulb and one to confuse the issue.
Programmers
None. It's a hardware problem.

______________________________________________

I guess they THINK they have a patent on the "How Many ------does it take to screw in a light bulb" jokes. please!!!!!

some how people just find things on that site. but i'm really thinking its more like - clearing out competition.

but i've had odd ones removed. things that were a 150 years old - they had it taken down, because believe it or not, the company still existed. i was amazed. Z takes down a lot of stuff, gives you no warning, they don't care if its yours and the thief claims its theirs. one lady had i think a 1000 things removed all at once. because some person claimed they were using their images on her products. but she paid for that right. and they said -- oh, sorry about that. your free to put them back if you want. they didn't even offer to put them back.

other times they won't accept it if its really gory. stamps i understand, but bicycle cards were holding up everything because they didn't want it.. who asked them?

you have to be very careful wording things. even something in your description, a stray word in your keywords, will remove the entire product line. and when i ask - couldn't i just fix that one word? they never reply. simple, its gone in a minute. no i have to spend time putting it up again, minus that one word that i didn't know would be a problem until years later.

its very hard working with them overall. and they make it harder every day. the trademark thing is the main killer though, and you don't even know it will happen.

once - a company named MO a german company, wanted that reference removed. in a blink of an eye it was... every bit of text was modified. many people had --- Happy ther Day M

they took the MO out of mother and mom. they had to fix that manually. or NAUTICA - Nautical - everything was removed because of that one. its a huge list.


---Mike Savad
MikeSavad.com

Jeez, I have the keyword 'nautical' on tons of my coastal decor pillows on Z. I'll probably be next.

They took my Pop Art Einstein down even though the original photo is in the public domain. I've seen it in various formats everywhere. I asked them why and they said because all photos of Einstein are owned by the Yeshiva University. I don't think so.

Joy the light bulb thing is stupid ,can't believe they have it up there. Maybe they associate themselves with light bulbs sooo much they didn't like there was a painting out there with it,just kidding, Wow Mike, I know it's crazy I have had things removed that I just don't get why

I am boycotting Mensa no matter how smart I am.

Leah seriously I like Dan's advice the best so far. If you leave it to Mensa to help you, you are at risk time wise.

Dave

im thinking that Mensa tradmarked the symbol and picture...

But how would it look anything like my image Jon?

Just begs the question - If you are so smart wouldn't you know it? Why do you need to carry a card in your wallet that says "I'm a smarty pants!"

.....

I got a laugh out of this on their website "Mensans have ranged in age from 2 to more than 100" --- A two year old is smarter than me, yikes!

I think the two year old did a Google image search and your image came back as an M with a round thing on top. To a two year old it looks the same as a logo.

Parody laws should cover your work anyway.

Ed,

IQ is a quotient. The denominator reflects your age.

So although my auditory for language is below average 100 to 110, my IQ remains the same number as I age, but
the problem solving rises for me. My IQ broadens out even in my auditory.

My overall IQ is in the top 2%, but in truth I am boycotting Mensa. I dont believe in it. Even as it believes in me.

The effect on me of having a hugely frustrating mismatch has been a tougher life. IQ can be measured for each of the senses.
It is called Cognitive Testing. If any of your kids are having trouble in some school subjects it is often related to this sort of thing
in his or her cognition.

I am all visual. And I am in the right place now.

Just like faith without works is dead, IQ without works is dead.
Einstein was a workaholic first and foremost.

Dave

Ridiculous! I've recently had the same problem with Z. They removed one of my products stating copyright infringement. Like you, the image was my original art, published for years on many sites. They gave me the name of the company who filed the complaint, and I could find nothing on their site that remotely resembled my image. I did see a product that had a bird and moon in the design, so I contacted the artist personally. She was shocked and never filed a complaint, stating my design was nothing like hers. She contacted the owner of the company and they also said they had not filed a complaint. The artist was nice enough to send an email to Z stating this, and they eventually sent me an email saying they 'reconsidered' their position on the infringement, and put my product back in the marketplace, with an apology. What I couldn't believe was how quick they are to take the word of anyone and remove the product. And instead of letting me know before, they told me after they removed the product, without any input from me. After being a pro vendor with them for over 6 years, I found this to be extremely unprofessional, not to mention a very poor business policy, since we both lost potential income while my perfectly legit product was removed.

Incredibly stupid (and it's Mensa) but betcha they are comparing your images to this:

https://upload.wikimedia.org/wikipedia/en/thumb/e/ed/Mensa_logo.svg/1024px-Mensa_logo.svg.png

/

David I feminized a version of Magrittes painting with a light bulb head nothing to do with Mensa if you read my thing

Cynthia Decker said: "I got the same kind of letter about one of my images in relation to a Wizard of Oz reference. I didn't us anything that was directly from the film and nothing that was copyrighted, everything was original."

Um, Cynthia, I hate to be the one, but if you're talking about your wonderful painting "Storyworld", well...that part of it that says "Surrender Dorothy" IS copyrighted. That is a scene from the MGM 1939 movie "The Wizard of Oz", and that scene is NOT in any Oz book. I know, because I've read every single Oz book L. Frank Baum wrote. His books are now in the public domain, and as such, you're free to use things like the Yellow Brick Road and the Deadly Poppy Field and so on, but you can't use anything created for the film. So that's why MGM went after you, I imagine. (MGM, by the way, REALLY leaned hard on Disney when it made "Oz the Great and Powerful". There were all kinds of things Disney couldn't use either, so you're not alone).

Leah, I can't imagine why MENSA went after you. I did a search on Zazzle and I can't even find anything under the name "Mensa" or "MENSA". And that logo that Louis provided doesn't resemble your painting in the slightest. It's very puzzling...

Leah,

I have it wrong. Sorry,

Dave

Just googled the term "lightbulb head" and nothing related to Mensa came up! I was surprised that there were several pages with items related to it, but nothing like your image. Surprisingly, there is a company name "Lightbulb Head" doing graphic design work, I think it was in the UK. But, even it didn't have anything like your image. Also something on Facebook by that name; again, nothing like yours.

Also checked out trademarked image for Mensa, but had nothing like yours. It was what Louise gave a link to above.

I had a similar problem with Z myself when I posted a couple of my edited photos taken at Mardi Gras parades using "Mascots Southern Style" as their theme...wasn't allowed to post Auburn's Tiger or the Seminoles' Indian images due to copyright infringement. Don't know if the local parade organization had to get permissions from all of the teams whose mascots they depicted on their floats or not. All I did was take a picture(s) at the parade, edited and posted what I could. Was told by another organization's member that the float images were not copyrighted so I was free to use the images. Go figure.

Anyway, I saw nothing remotely like your lightbulb head image, Leah. Good luck with whatever the outcome.

Are you starting a new social organization with this lightbulb head logo? No. Its art. Probably some summer intern at Z is in charge of these overZealous requests.

if it hasn't been mentioned - i do wonder if we could be mixing up what mensa group complained. we assume it's the smarty pants club, but as shown, there were dozens of others. i wonder if one of those has that symbol or something like it.

---Mike Savad
MikeSavad.com

I don't think so Mike since Z sent me the link/website above of who complained and it's the smarty pants

Leah,

time matters here, I think Dan is exactly right. I would not find his advice easy, but he is on target.

Dave

I sent the info that Dan submitted to my husband so he can look into that when he gets up

Dave-

Is there a difference between being old and wise or young and smart?

Specifically its the American version of the smarty pants club. They had a little trademark war with the International Flavor.

Just ran across this and thought I'd share...

http://bigthink.com/ideafeed/how-to-recover-from-a-burnout

Danl,

I would not know, I am stuck in the middle somewhere.

Dave

The other side of the coin is if some one is abusing your images. How difficult do you want Z or anyone else to make it for you to get your images taken down.

These people are going to error on the side of caution if for no other reason, they are far likely to get and kind of legal flack for taking an image down then to leave it us if it really is a copyright violation.

This kind of falls under the category of no matter what they do, some one is going to bitch about.

But I think the policy is best where they take it down in error instead of leave it up in error. And so would you if it was your image the seller had no right to sell.

This is sooooo weird....

Well Leah if you cant draw Light bulb heads than every flower, season, animal, happy face, shape....heck color.......... is fair game to this nonsense.......this is so far fetched that eventually there will be nothing on their site and then I guess no one will have anything complain about. I dont even know what to say to this honestly............other than HOGWASH.

the main problem is - zazzle never checks and compares to see who is right or wrong. they just erase and give a vague reason why.


---Mike Savad
MikeSavad.com