Oprah-Harpo False Copyright Infringement Claim is a Shocker

PASADENA, Calif. - April 24, 2014 - PRLog -- Goliath Vs. David?


"One would think a poster encouraging parents to play with their kids, would be embraced. However..."

First, Gene Cartwright declares he takes no pleasure in revealing what follows.  But as a Marine (inactive but never former) he believes one must always be prepared to fight back with greater force than the attacker. He is clear that he has the greatest respect and admiration for Oprah. He believes that the brouhaha is likely an example of over-zealous, “Goliath Vs David,” heavy-handed action by subordinates determined to, and rightly so, protect the Oprah brand. However, he believes it must be properly and intelligently done.

Gene feels there is absolutely no excuse for false copyright infringement assertions that can cause one’s reputation to suffer, and exact very real losses.

In his own words:

"The message in my in-box was a stunner."

First, a brief backstory:

“…one particular guest wrongly aimed venomous comments at Oprah…”

"In 1997, I received a phone call from my publicist, Nancy Eddy, (an amazing publicist) in Novato, California. “I just spoke with Oprah’s Executive Producer, Diane Hudson and she want’s to know if you will accept their invitation to be guest on Oprah. The show’s topic is Who’s Black Enough?

It is no stretch to say, that being invited to appear on Oprah is/was an author’s dream.

I Never Played Catch With My Father (http://genecartwright.com/Bookstore/catch/index.html)  is about a Texas-born, baby-boomer billionaire and Wall Street icon, whose love of baseball shapes his adult life.

More details are available on my website, GeneCartwright.com.

And then comes an invite from Oprah. The trip was made, the stay at the Omni Hotel, the ride to Harpo Studios, and the first meeting with Oprah, along with other guests, including Dr. Michael Eric Dyson, Chuck D, ‘Sistah Soulja,’ and Bell Hooks, in the ‘Green Room.’

To say that the show, titled: 'Who’s Black Enough?' was heated, and even included audience members who wrongly and regrettably attacked blacks considered not to be sufficiently “black,” including Oprah, would be an understatement.

I and my guest seat-mate, Bell Hooks (nom de plume for noted author, teacher, feminist, Gloria Watkins) while taking strong issue with one particular guest who aimed venomous comments at Oprah, felt the woman should not be shouted down but permitted to state her case. There would be plenty of facts with which to shred her comments. Others wanted her silenced.

When my novel was discussed and the book cover filled the screen on the stage, I made the following comment: “I don’t have to prove my pedigree. When was the meeting held, where it was decided, that I and other Blacks must think and act the same?  I didn’t get the memo. Why must I, as a Black author be limited to only having Black main characters? The same is not true of white authors.”  Oprah applauded the comment.

Regarding this Oprah episode, it was scheduled; the listing appeared in TV Guide, and on the web, and the waiting began. Naturally, I and everyone I knew were awaiting the airing. VCRs (dated technology now, right?) were poised and ready.

Then came the call.

Executive Producer Diane Hudson (at the time) called to say the episode had been pulled, and no new air date had been established. I later concluded that there would be no new air date. The taped show, which ran long, was a “scorcher,” and not likely well-received by The King Brothers Syndicate, which then owned the majority of The Oprah Show.

While the show never aired in full context, and never on Oprah, Oprah nevertheless appeared weeks later on then Bryant Gumbel’s CBS Saturday Magazine show, “Public Eye with Bryant Gumbel” Episode 9, during the 1997–1998 television season. He interviewed Oprah, excerpts of the canceled show were aired, and Oprah discussed the show. I doubt few will remember this without going to the archives.

Nevertheless, this whole Oprah Show experience will always be a highlight of my life.

THE ISSUE AND THE CLAIM BY HARPO

“According to the notice, certain material on Etsy “is a product never offered by Trademark owner.” So states the Harpo Claim by Kristen Becht.

Fact: Oprah nor Harpo owns the rights to my product. Period! Full Stop!

Posting: Play With Your Kids Art Poster – Ultra-Quality poster commissioned from the cover of a novel by former Oprah guest, and Pulitzer-Nominated author, Gene Cartwright.

I have or had a poster. “Play.” (http://playwithyourkid.com/) posted on Etsy, the craft sales site — a poster based upon the cover of my first novel, 'I Never Played Catch With My Father.' I and I alone am the creator and copyright owner of this material. In my brief Etsy bio, I mentioned that I was “a former Oprah guest.”

This is a fact that cannot be factually disputed. Nothing related to Oprah appears on the poster; neither is it suggested that she endorses or is in any way attached to the poster. If she would like to be, we can certainly talk.

Details:

Days ago, I received a stunning email from Etsy’s Legal Department, informing me that my product, for which I paid to have posted and was accepted, had been removed pursuant to a claim of copyright infringement from Kristen Becht at Oprah’s Harpo Brand Protection division. —What? The image on my book-cover is my complete creation (created in 1992) and bears no reference to anyone except me.

Play With Your Kids Art Poster – Ultra-Quality from cover of novel by former Oprah guest, and Pulitzer-Nominated author, Gene Cartwright.

In light of the fact the infringement claim by Harpo’s Kristen Becht, apparently refers to the factual statement: “a former Oprah guest,” I am at a loss. The statement is a fact. Is mentioning Oprah’s name an infringement?

Certainly not. If it were then millions of individuals, media, FaceBookers, Tweeters, and others are in violation. The claim is bogus and shameful. It smacks of bullying. One would think such a mammoth and powerful entity could be more discriminating in deciding whom to attack."


Amazing Selective Claim:

At last viewing, there are many products on Etsy which actually use Oprah's image, as well as prominently use Oprah's name in the description and product title. So, why is Kristen Bect and Harpo being selective? That aside, there is no legitimate copyright infringement claim to be made against me."

Note:
Cartwright vows he will contiune to market the novel and its directly-related product, and description as before, and have invited Oprah-Harpo to take any legal action they feel compelled to take. He has also submitted the matter to his attorney for possible action to stop whay he labels bullying and harrasment.

See fuller account at http://gblog.genecartwright.com