Donald Stanfield
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If this post is to be believed, Tesla shut down this man's CT because he made a rap song titled Cybertruck.
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Jaw dropping if true. Brilliant viral marketing if false.If this post is to be believed, Tesla shut down this man's CT because he made a rap song titled Cybertruck.
It is on Facebook and Tik Tok and Reddit. I think that pretty much proves it must be true.Tesla doesn't use .25" margins on 8.5"x11" paper.....
Agreed. The letter seems pretty weak, but then to disable a vehicle owned by the person accused of copyright infringement seems like a massive overreach on Teslas behalf. So the whole thing seems fishy. Why wouldn't they go straight after YouTube in that case and have the song removed... that's still up btw...I doubt Tesla's lawyers would write such a poorly reasoned letter. Tesla can't rely on its Trademark to complain about a song.
Trademarks are limited in scope to the uses specified in the application. In Tesla's case that is "Land vehicles; electric vehicles, namely, automobiles and trucks; trucks; pick-up trucks; automobiles; and structural parts therefor"
A song is pretty far outside of that scope.
To take things further, if the singer wanted to, they could even Trademark the term for use in songs and then sue Tesla if they ever release a cybertruck song.
There actually are other Cybertruck trademarks. For example someone other than tesla has exclusive rights to use the term CyberTruck Challenge in the context of educational services related to heavy vehicle cyber security. https://tsdr.uspto.gov/#caseNumber=...TION&caseType=DEFAULT&searchType=statusSearch
I'll be so mad if this song gets stuck in my head now. As much as I want to hate it, can't help but to admit that it is a bit catchy.Agreed. The letter seems pretty weak, but then to disable a vehicle owned by the person accused of copyright infringement seems like a massive overreach on Teslas behalf. So the whole thing seems fishy. Why wouldn't they go straight after YouTube in that case and have the song removed... that's still up btw...
The song is pretty....
It's only fair use if upheld in court.I question it specifically regarding disabling the truck. Seems excessive and legally questionable.
Additionally, there is something called "fair use". I am not an attorney, but I wonder if this might apply. It's a defense in court, not a right. Depending on many vague legal nuances, he could be completely legal BUT he would have to assert that in a courtroom as a defendent. Not worth the $$$.
Fair Use
"Examples of purposes and characters that have successfully been used by defendants as a fair use defense against infringement liability include parody, criticism, commentary, educational use, charitable (nonprofit) use, and “transformative” uses where the new work takes on a new character separate from that in the original work."
Please tell me this comment is sarcasm. If not, that’s why our democracy is going down fast.It is on Facebook and Tik Tok and Reddit. I think that pretty much proves it must be true.