(ABOVE PHOTO) Brad “Tiki Shark” Parker does an interview with media outside the U.S. District Court on Oahu in February. Parker settled his copyright infringement lawsuit with CafePress.
KONA, Hawaii – CafePress has announced a settlement in the copyright infringement lawsuit brought by Kona artist Brad “Tiki Shark” Parker.
Parker’s Tiki Shark Art Inc. took internet “print-on-demand” company CafePress.com to court for failing to prevent the reproduction and sale of imagery taken from Parker’s Polynesian Pop Surrealistic Art work entitled “Forbidden Island.” Parker said the incident cost him a $250,000 exclusive contract with an affiliate of Body Glove in Dubai.
Under the terms of the agreement, Parker will receive no financial settlement from CafePress, according to a media release distributed by the company.
Under the terms of the settlement, CafePress will be required to make no financial or other payment to Tiki Shark Art Inc. Under the terms of this settlement, Tiki Shark Art Inc. will dismiss the lawsuit against CafePress with prejudice, and will be prohibited from suing CafePress for any future claims of infringement unless Tiki Shark Art Inc. first provides CafePress with written notice of any user-uploaded content on the CafePress website alleged to infringe Tiki Shark Art Inc.’s intellectual property rights, and CafePress does not promptly remove any such images from the CafePress website in response to any colorably valid claims of infringement.
“We are satisfied with today’s settlement, which highlights CafePress’ insulation from liability for copyright infringement by safe harbor defenses under the Digital Millennium Copyright Act,” said Kirsten Mellor, General Counsel for CafePress.
CafePress operates global websites with over 15 million users and offers a print-on-demand service that allows users to create and upload their own unique designs and offer them as virtual products through online shops and marketplaces. Artists, designers and content owners from around the world, including over 2,500 designers who are residents of Hawaii, use the e- commerce services offered by CafePress to supplement income for sales of their artwork, as the users earn commissions on every sale. CafePress facilitates the sale and printing of the products, but the content and images on the websites are created and owned by users, not CafePress.CafePress Inc. media release
Big Island Video News followed the case from its beginning. Visionary Video filmed this interview with Parker in Kona.
In February, the fight moved to federal court.