Copyright Issues

It was pretty disappointing to learn today that all sellers who have posted anything with Daily 5, CAFE, or with angry birds (free or otherwise) must remove them from their shops according to a cease and desist letter received by TPT. I can understand how the owners of the material must feel though since I recently had an issue with this from another seller. Luckily all ended well, but it is very frustrating to see your hard work copied and claimed as someone else's work. 

FYI: I have removed the CAFE posters and strategy cards from my shop, but I intend on working on my common core ELA cards for 3rd grade today. I hope to have K-5 completed by summer's end. 

Have a fabulous day friends!

24 comments:

  1. Does that include free items? Because, if so, that's really unfortunate.

    Jenny
    Luckeyfrog's Lilypad

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  2. It stinks, I agree :( I LOVED all of the options that TpT gave us when it came to decorating our classrooms and making D5 and CAFE our own. I also think that D5 and CAFE became better with all of the great ideas out there from other teachers' experiences.

    Oh well :(

    ~Stephanie
    3rd Grade Thoughts

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  3. Is it just that you are titling the files with their Daily 5 and CAFE labels or does that include any other reference to the phrases like Read to Self? It's hard to imagine how you could copyright a phrase like that and if so, it probably should be attibuted to someone long before the "Sisters." Working with Words probably should be attibuted to Patricia Cunningham. In other words could you retitle the files and still offer them?

    It's a fine line for them because I believe that alot of the "Sisters" business has been generated by those like me who hadn't heard of this framework until I saw the items on TPT and mentioned on someone's blog. Now I've purchased their book and produced income for them. This may be more of a loss for them than a gain. Especially if your work fills a void that their's doesn't like classroom organization or displays. Of course at this point the bloggers and the sellers have created alot of free publicity for them already.

    Just my two cents worth,
    Donna

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    1. I think they don't want anyone using their terms and titling it Daily 5 or CAFE, but I don't want to take any chances, so until I hear more information from Paul at TPT, I am going to keep them off. But yes, Word Work was definitely not their creation. I think it would be fine if we just come up with different phrases. Someone in the TPT forum suggested coming up with a "TPT version" of the phrases so we can avoid copyright issues.

      You're right, I do think it will probably hurt them rather than help. I also didn't know about it until I started blogging and seeing people post their items. Very frustrating.

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  4. So any posters made for Daily 5 or Cafe have to be removed?? What about word work and work on writing activities? Yikes, that's just horrible.

    4th Grade Frolics

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  5. What . . . weak??!! That's just silly talk :(. On a non-related note, I cannot believe that I didn't have you on my followers list. I have been checkin' in on you for months. Glad I realized my error :)

    Kelley Dolling
    Teacher Idea Factory

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    1. Aw thanks Kelley!! I'm checkin' you out now!

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  6. Thanks for letting me know as I am in the process of creating an Angry Birds unit for my Computer Lab. I have already included the proper copyright mentions, but I now know that I won't be able to post it, sadly, to TpT. :-(

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  7. Thanks for sharing. That's such good information.
    _Chrissy
    First Grade Found Me

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  8. Thanks for the heads-up. I went over to TPT and downloaded anything/everything that was still available for free. I agree, many teachers went and bought the book after discovering the items on TPT.

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  9. Luckily I've already purchased many ideas related to CAFE. I think it's sad that these items have to be removed because I'm visual and seeing how other teachers utilize their ideas helps me organize and plan my lessons.

    I just started blogging and found your site through Mrs. Bainbridge. Thank you for sharing your thoughts and products.
    Amy K
    wheresecondscount.blogspot.com

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  10. I think it is really going to come back and bite the sisters for doing this. I will remember to no longer blog about Daily 5 or Cafe as that is free advertising for them. Wow! Greed is an ugly thing!

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  11. Thanks for the heads up! I know so many teachers will have to pull files. That stinks but life goes on.
    Michele

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  12. Here is what I just found on the TPT forum (http://www.teacherspayteachers.com/forum/viewtopic.php?id=3984 ) from Paul himself...

    "Ok here's the deal (I'll also send out an email to all sellers tomorrow).

    You can not SELL any supplementary materials about the Daily 5 or the Cafe, or that work with the Daily 5 or Cafe.

    You CAN offer freebies IF you include language in your description that states that it's an "unofficial adaptation of the Daily 5 by Gail Boushey & Joan Moser" or something similar such as, "this freebie is not endorsed by the 2 Sisters". Please also include a link at the end of the file to http://www.thedailycafe.com

    I'm disappointed to hear the a handful or so sent nasty emails to the sisters. I hope that kind of thing doesn't happen anymore!

    paul"

    -------SO I think that says pretty much that you can have freebies...if you do it correctly (with citations for the sisters, etc) and not label it as being part of the official Daily 5.
    Hope this helps!
    Jennifer
    First Grade Blue SKies

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    1. Yes, I did read that earlier. I still am kinda bummed about it though! =(

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  13. Do you think other authors will start getting upset Hunger Games, Clifford, Pete the Cat, Junie B. Jones, etc? What are we suppose to do?

    ✿Michele
    Miss Nelson's blog

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    1. Yeah, I think some people are really freakin' out because of all the possibilities that this cause. =(

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  14. I think there is a difference between providing study materials for a book, like Hunger Games, and copying the book. I feel like I am ok creating a pack of art and writing activities for the Froggy series....but would not be ok with using the plot to create a knock-off book. But as always, it is what you are comfortable with and feel is ok. If you had a violation, you would receive a cease and desist letter/email first....then you would be able to remove the material. You would only be sued if you ignored their request.

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  15. The "sisters" have never allowed it (I recall this from 2 years ago on 2nd grade teachers club forum when Mrs. Winston was contacted by them). I think they just did not really enforce it with TpT. Suess, Disney, and the Sisters!

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  16. That is too bad. One thing teachers do really well is collaborate and learn from each other! I am glad they are allowing freebies with certain citations. Thanks for sharing!!

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  17. I think this is extremely unfortunate, and puts a sour taste in my mouth. Without the blogging community and TPT, I promise you they would not be reaching as wide of an audience as they are/have been, and it is disappointing that they cannot see the harm this actions does to their brand and to the teachers that have whole-heartedly latched on to the Daily 5 and CAFE.

    I had considering purchasing a membership to their website as I really, really love the structure of Daily 5 and CAFE, but I will be purchasing a TPT gift certificate instead. Thank you for giving everyone the heads' up!

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    Replies
    1. Fortunately, they are allowing teachers to post FREE items with a statement about how it is an adaptation of their program.

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