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Thurso Town Improvements
25-Jan-07, 01:09
I have put this on the General and Music Forum as it is relevant to both groups

Thurso Town Improvements Association wishes to make it totally clear that it has disassociated itself from The Cinema For Thurso Group.

The Cinema For Thurso Group and its sole member has decided to launch legal action against the TTIA group in relation to TTIA using the name of our recent outdoor music event The Big Gig which he claims belongs to him personally and his group.

The Big Gig was run to raise money for Caithness General Hospital Accident & Emergency equipment and TTIA. £1000 was donated to Caithness General Hospital and TTIA raised considerably less than that as we made up the donation to the hospital.

TTIA have on many occasions asked Cinemas For Thurso to prove that he owns this title but no proof has ever been shown

He claims to have copyright on the words The Big Gig but as anyone with any nous would know you need a trademark to own a title or brand
eg Marks & Spencers, BBC, Pizza Hut, B&Q

So the local comunity group and its volunteers is now being harrassed by this organisation of whom i am unaware has any relevance within this county as we seem to aready have a cinema in Thurso - !!! Is there a reason we now need 2?

We have decided to go public with this matter now, although it has been dragging on since the few weeks before the event, August 13th 2006, took place when he tried to blackmail and threaten us in phone calls to committee members

At this stage as Cinemas For Thurso has now involved local councillors and our West Minister MP John Thurso to pursue this matter we would like to highlight the waste of time and effort this group (who is just one indiviual ) have caused and we apologise to Mr Mackay and Mr Thurso for this inconvenience which is not of our making and insignificant to us

Cinemas For Thurso is obvioulsy hoping to sue for some money, the money TTIA uses to improve facilities in the town and we feel we should not give into some one who is trying to act as a community bully and we will not pander to his nonsense and would warn other groups against using him and his group in any activity. You will get nothing but hassle and end up with these legal threats

The Big Gig will return in 2007 bigger and better and for all the public to enjoy

Please feel free to add your comment's on
What you think of this situation? How you feel Cinemas For Thurso is wasting your Councillors and MPs time?
How you feel about somebody suing for the money the town donated for the towns benefit?

Are we taking the right approach in standing up to blackmailers and bullies
Your input is appreciated and will be considered

Chobbersjnr
25-Jan-07, 01:27
he must have some amount of cash, he's always chasing for something by the sounds of it. Because he always seems to be falling out of favor with the TTIA & he had some fancy ideas for hogmanay which, well...................never came to pass (wonder if he's sueing HIT as well)

BABOOM Uppie strikes again

actually I think I own the name...................I think I'll sue Darren

all the best for TBG II

Gogglebox
25-Jan-07, 01:38
I wonder who the little man involved could be

- Half "Man" Half Storm Trooper - -All Fruitcake!!

Was intrested to hear he is now on the steering committee for Viewfirth Redevelopment-

-Well thats that knackered as long as he's involved!!

changilass
25-Jan-07, 01:46
I think it is disgusting when someone tryes to make a profit for their own good by going against a charity like this. I am sure the big gig is a name that has been used before anyway by others south of the border so would think he would have a hard job laying claim to the name - don't quote me on that, I could be wrong

Mad1man
25-Jan-07, 02:24
I never fail to be impressed by the effort the TTIA people make to improve resources for the residents of the town. I have known them go to extreme lengths to make sure every part of the community is catered for in some way. The Big Gig was a great event and I seem to remember the name being used years ago in Glasgow as well, it is one of those generic terms that comes up from time to time. Maybe all of us who are involved with community groups had better watch out, I wonder who has the copyright on CAR BOOT SALE????

If the silly man goes to court, loses and has to pay the costs of the TTIA he will be one very sorry individual. Intellectual property cases are generally very expensive civil matters. I don't think he strikes me as the quirky millionaire type who can pursue such follies.

Victoria
25-Jan-07, 11:17
Is this loon going to sue the Girl Guide Association also???...........

http://www.girlguiding.org.uk/xq/asp/sID.43/qx/biggig/article.asp

[lol] [lol]

theboss
25-Jan-07, 12:04
The sad thing about this entire argument is that the person in question (are you listening Uppie) was originally involved in the TTIA Big Gig. He had designed the original poster which used the wording 'The Big Gig 2006'.

As I was involved in the event as a performer and am employed as a graphic designer, I decided to create another poster design as didn't feel the original design by the Cinema for Thurso Group had enough impact. I created this design so that my own band and any others interested in helping out could do some additional advertising. Having shown the poster to a friend he said he really liked it and decided to send the poster to the organisers. From what I understand, the organisers liked the poster and decided to use it not only for postering but also on the Thurso Gala program and as the advert for the local press.

I believe that this is when Cinema for Thurso and it's member decided that they would take some kind of action against TTIA. I'm also aware that this person was asking around Thurso to see if he could find out who designed the poster. What he hoped to achieve by finding out my name i'm unsure of and to be honest don't really care but, just incase you're still interested Uppie, it was I, Darren Macleod, you know, the guy who organises the gigs in Thurso that you turn up at with your video camera. Now please let us all know, what exactly do you want to gain from this?

Darren Macleod
(contact details on request)

Jeid
25-Jan-07, 13:24
Ah, Mr Uppieballad...(Do a search, you'll find out all about him you know). This is the man who claims to hold the copyright of the name "Big Gig"... then perhaps he needs to take himself over to google.com and type in those two words he has the supposed rights to... he'd have bigger fish to fry than TTIA, especially since one "Big Gig" was held in the Wembley Arena in London.

I don't think this man has a leg to stand on and is wasting his own time and more importantly, the time of people who are trying to make a difference in Thurso.

I was the friend mentioned in the above post by theboss. I've had some contact from the troublemaker in the past and the man is deluded if he thinks he has a leg to stand on.

Since he seems to turn up at all the gigs with his little video camera... we can be petty too... we'll just kick him out! :D

theone
25-Jan-07, 13:26
Pathetic.....

Jeid
25-Jan-07, 13:30
Just out of curiosity, due to the rules about taking pictures of children... shouldn't the man in question need to have some sort of license to have video equipment at these gigs? There are children under the age of 16 in attendance at most of these events.

Victoria
25-Jan-07, 14:53
Ah, Mr Uppieballad...(Do a search, you'll find out all about him you know). This is the man who claims to hold the copyright of the name "Big Gig"... then perhaps he needs to take himself over to google.com and type in those two words he has the supposed rights to... he'd have bigger fish to fry than TTIA, especially since one "Big Gig" was held in the Wembley Arena in London.

I don't think this man has a leg to stand on and is wasting his own time and more importantly, the time of people who are trying to make a difference in Thurso.

I was the friend mentioned in the above post by theboss. I've had some contact from the troublemaker in the past and the man is deluded if he thinks he has a leg to stand on.

Since he seems to turn up at all the gigs with his little video camera... we can be petty too... we'll just kick him out! :D

I've looked up the copyright for this and it is non-existant. and as you say if you type it in google then you can see that lots of companies and events have used it.

Silly man - he really needs to get out more:Razz

Jeid
25-Jan-07, 14:55
haha... busted!

henry20
25-Jan-07, 15:06
You are right Victoria, he really does need to get out more!!

At the end of the day, there will only be one loser in this whole pathetic situation - and I'm pretty sure it won't be TTIA!! Keep up the good work TTIA :)

crashbandicoot1979
25-Jan-07, 15:09
What?? Please tell me this is a wind-up.

MadPict
25-Jan-07, 15:10
Jeid,
I think the venue owner can say who is permitted to use video equipment on their premises. That way they can allow a band to record their gig©®™ if they so wish but stop pirate copies sneaking out.....

Actually just checking with the IAC on copyright:

6. It is an offence:

* To make a recording of Copyright music, even if that recording is not played back
* To record, or copy, any recording without the consent of the maker and or performer(s)

http://www.theiac.org.uk/central/copyright.htm

Seems he has to ask the performer for permission to film/record any performance. Just say no......

Saveman
25-Jan-07, 15:11
The hatred in this thread is palpable. I know absolutely nothing about this person, and so I need to ask is he really such a bad person as deserves this kind of public whipping?

bobsgirl
25-Jan-07, 15:39
Surely this 'Lone Ranger' must think he is better than TTIA!
I think TTIA should ignore this and do the great jobs that they have been doing throughout the years.
No point letting one man stand in your way, when you have the support of thousands of others.

Keep up the good work TTIA!!

I do agree with the 'We already have a Cinema' we dont need 2, maybe he should try 'Cinemas for Wick'!!! Give him a task that he may be succesful in!!!

Jeid
25-Jan-07, 15:40
Jeid,
I think the venue owner can say who is permitted to use video equipment on their premises. That way they can allow a band to record their gig©®™ if they so wish but stop pirate copies sneaking out.....

Actually just checking with the IAC on copyright:


Seems he has to ask the performer for permission to film/record any performance. Just say no......

True, but if we run the door, we don't have to admit them ;)

We'll not allow him to video either... not that anyone ever sees any of the videos he makes.

Saveman... the short answer is... yes :D

Scaraben1976
25-Jan-07, 17:34
I have found the website for this individual/organisation (delete as applicable) and thought the people might want to have a look through it and see if there is anything on it they own the copyright to, like their personal image, or anything he may have used without thier permission, like a band name, and contact him?

http://www.funtigo.com/thursopicturehouse

I'm just off a look for myself.............

Jeid
25-Jan-07, 17:41
I'm sure plenty people would request that stuff was removed from that poor excuse of a website.

However, as it turns out, I've had communication with the CFT group. Got this from an e-mail.



The words or phrase, "The big gig" cannot be copyright as such but similarly you can't copyright a sultana though you can patent the recipe for a sultana bun! The copyright applies to a specific event theme whether it be Girl Guides or boy scouts using "The Big Gig" as the banner. The copyright does not prevent anyone else doing anything under that name but it legally protects an event already in production from being replicated. My filming wing, Picture House Films is not the only PHF organisation in the world which is why Thurso also appears after it in our movie titles. So having coined the name "The Big Gig" locally over two years ago as a live music event means that in this area copyright applies. The artwork on my pc also strengthens this as material produced on computors are automatically copyrighted because they are dated and timed at point of saving making them 'provable'properties. The legeslation was passed back in the 1980s. "The Big Gig" is also noted in the minutes of Caithness Arts as a live music event in Thurso or Caithness to showcase local bands.

So basically what he’s saying is, it’s not illegal to use the name “Big Gig” cos he doesn’t own the copyright. As an event named the big gig wasn’t in production, then the event which was held last year could go ahead with no problem. Just because he thinks he penned the name, “big gig”, then he thinks he owns the event. He actually only came up with the name and wasn’t running the event as such. Graeme was doing that hence, the silly man has nothing to stand on. As Graeme was running the event under TTIA, then they hold the copyright. CFT "allowed" them to use the name “Big Gig” which would effectively mean that any case taken to court(which it probably won’t be) would be thrown out. TTIA own the name “Big Gig”. Plus, the area would be the UK, not just Thurso/Caithness.

Scaraben1976
25-Jan-07, 17:42
Oops, maybe i should have put a (C) before the web address incase I get a complaint against me!

Victoria
25-Jan-07, 17:45
I'm sure plenty people would request that stuff was removed from that poor excuse of a website.

However, as it turns out, I've had communication with the CFT group. Got this from an e-mail.



So basically what he’s saying is, it’s not illegal to use the name “Big Gig” cos he doesn’t own the copyright. As an event named the big gig wasn’t in production, then the event which was held last year could go ahead with no problem. Just because he thinks he penned the name, “big gig”, then he thinks he owns the event. He actually only came up with the name and wasn’t running the event as such. Graeme was doing that hence, the silly man has nothing to stand on. As Graeme was running the event under TTIA, then they hold the copyright. CFT "allowed" them to use the name “Big Gig” which would effectively mean that any case taken to court(which it probably won’t be) would be thrown out. TTIA own the name “Big Gig”. Plus, the area would be the UK, not just Thurso/Caithness.


Hahaha! I love it when a plan comes together Jeid!!

:D

Jeid
25-Jan-07, 17:52
As do I... especially when he's threatening legal action against TTIA.

theboss
25-Jan-07, 18:00
Hahaha! I love it when a plan comes together Jeid!!

:D

http://img131.imageshack.us/img131/4424/beautiful3qo.jpg (http://astronot.co.uk)

peedie
25-Jan-07, 18:19
if the problems do persist how about calling it, "e beeg geeg" or " the bigger gig, har har" [lol]

Gogglebox
25-Jan-07, 18:54
if the problems do persist how about calling it, "e beeg geeg" or " the bigger gig, har har" [lol]

Surely that would be giving in to someone that was trying to bully organisations to do things their way, would set a poor precedent i think personally

I was one of the organisers of The Big Gig last year, and although im no longer on the TTIA comittee i have to liase with them regularly over this and cant emphasise the hassle we and others like the local MP and councillors have had with this over the last few months.

You would be surprised at the level this issue has been discussed and researched.

It is distracting the TTIA from getting on with their plans for this years programme and will hopefully not impact on their fundraising

Its encouraging to see that others are similarly minded that this is a pointless exercise by this one man organisation that personally i see serves little purpose other than campaigning for something the town has. Its like starting a campaign to change the towns name to Thurso - - Oh it already is, We can go home then!!

Many things have come to light regarding this organisations operations and i hope other organisations, bands, and individuals fight back in the same way TTIA is.

MadPict
25-Jan-07, 20:14
The artwork on my pc also strengthens this as material produced on computors are automatically copyrighted because they are dated and timed at point of saving making them 'provable'properties. The legeslation was passed back in the 1980s.

Trouble is it is easy to forge or alter time and date on a computer - the only sure way to protect copyrighted material is to register it. It used to be recommended that you post a copy of the material to yourself and keep the envelope sealed - the date stamp on the envelope was one way of proving when you actually created the work should you need to defend your rights.

webmannie
25-Jan-07, 20:25
Just to clarify,

To copyright something it has to be tangible, you cannot copyright a word (or two) but you can copyright a creative work. That means he would have copyright of the creative work (which would have to be a physical item).

To be registrable as a trademark it must not consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin of the goods or services.

If it is NOT registered, to be successful in a passing off action, you must prove that:

the mark is yours

you have built up a reputation in the mark

you have been harmed in some way by the other person's use of the mark
It can be very difficult, and as a result, expensive to prove a passing off action.



The said person has not got a (stormtroopers) leg to stand on.

Victoria
25-Jan-07, 20:34
http://img131.imageshack.us/img131/4424/beautiful3qo.jpg (http://astronot.co.uk)


[lol]genius!!!

theboss
25-Jan-07, 20:56
[lol]genius!!!

Thank you!

Naefearjustbeer
25-Jan-07, 21:56
Sounds like you want to let it go to court then. he will get thrown out and might have to pay your costs. Or doesnt it work like that.

Gogglebox
25-Jan-07, 22:50
Could do and the advice we have is that he's got a lawyer who will happily take money off him to take it to court and then they will throw it out as its not a valid claim or case but the upshot is it cause a lot of hassle to a lot of people some who maybe would prefer anonymity just to get on with the good volunteer work they do. It will be a distraction and will go on for quite some time
I have no doubts on the merits or soundness of our defence of the case and the the futility of this man and his organisations efforts to prove itself significant in any way. But its more infamy if they wipe out our funds having to mount some kind of defence when we only have truth and the law on our side, these days you need cash!!

The bare facts on this that everyone should understand is this:
Every minute wasted by TTIA on this is time not spent on organising fundraising events

Every Pound spent on defending this is a pound that cant be spent on the disability friendy swing park equipment that TTIA are trying to buy at the moment

Makes sense

This is why the decison was taken to go public so you could see that this problem affects all of us

Jeemag_USA
25-Jan-07, 23:02
Trouble is it is easy to forge or alter time and date on a computer - the only sure way to protect copyrighted material is to register it. It used to be recommended that you post a copy of the material to yourself and keep the envelope sealed - the date stamp on the envelope was one way of proving when you actually created the work should you need to defend your rights.

A date stamp on an envelope alone will not stand up in court, if its in an envelope or padded envelope it is always best to have one or a few people sign across the seam where it is stuck down so examiners can prove if the envelope has been opened or not. I quite often use this method when I record music, I put it on a CD and mail it to myself. But even after signing you can't prove the envelope arrived sealed and was not sealed at a later date and also signed, I don't know of any cases where this method was used in court as evidence.

With computer art you can watermark your images with various information including copyright and date time etc, the watermark cannot be seen in the image unless you open it in a art package and ask to display it. You can also email it to yourself and others after watermarking as attachment which will also date it.

I have known said person this thread relates to since I was knee high to a grassjopper and none of it surprises me. ;)

Max
25-Jan-07, 23:19
Huh??? I just don't get it!

stratman
25-Jan-07, 23:25
I'm going to take legal action against any one else calling themselves David!!

MadPict
26-Jan-07, 00:45
Jeemag
I wasn't going into the full method of the mailing thing - just using it as an example. And watermarking images is another way, either visibly or invisibly, but I have read that someone determined enough can strip watermarks from images.

If your 'work' is that precious registering it properly is probably the safest route to follow....

Jeid
27-Jan-07, 03:32
Can this thread not drag out a bit more?