Our View on the Wide-Spread Copyright Problem
Here's my perspective on the growing copyright issue that has been prevalent for the past decade. In the early days, the world was much smaller and the issues surrounding copyright infringement were not significant enough to warrant attention. Those operating in the industry 10 years ago will recall a time when everything was generic and followed simple themes such as princesses, jungles, fairytales, and pirates, and yet, still, we made substantial profits without infringing on anyone's intellectual property.
As the digital world expanded and design technology became more readily available at cheap prices, it became an industry norm to produce inflatables that infringed on copyrights, and it has now spiraled out of control.
Why is this Happening?
The owners of copyrights for brands such as Entertainment One and Nickelodeon have been drawn to our industry through various media outlets. In 2014, the first major negative exposure occurred when various Frozen-themed parties were featured in national newspapers and on the BBC news. This brought attention to the mascot and cake industries and soon spread to the inflatable and soft play industries, leading to many companies (including my own) receiving cease and desist letters for copyright infringement.
In 2016, the tragic death of seven-year-old Summer Grant, who was trapped in a bouncy castle that blew hundreds of yards away at a fair in Harlow, further highlighted the issue. The fair featured several rides and inflatables with copyrighted artwork, which was covered extensively by national newspapers and major news networks, further drawing attention to the industry.
This has led to many high-profile brands closely scrutinizing our industry. Coupled with the increased activity of no-win, no-fee solicitors, who actively pursue infringement for profit, the industry was bound to be targeted at some point.
In recent years, interest has grown to the point of no return. Many large brands have realized how badly our industry was disregarding copyright laws, and some were openly displaying infringing items, such as Disney princesses, Paw Patrol, Frozen, and Superheroes, on websites, Facebook pages, and other online platforms.
Blame on Airquee
It would be easy to blame Airquee for the current situation, but I strongly believe that is not the case. Airquee was approached by the licensing companies with proposals, and as a company that does not have complex compliance protocol structures, IP lawyers, in-house designers, and the capacity to undertake meticulous quality control procedures and large factory amendment budgets, it was not in a position to defend itself against large corporations.
After many manufacturers, such as Betterbounce, were approached by the copyright owners and could not comply, Airquee was the only logical choice to fill the gap and allow genuine businesses to thrive. Airquee is aware that many of its customers who purchase licensed products also have non-licensed products displayed. If Airquee were truly at the center of the blame game, the damage to its customer base would be substantial, as IP products only form a small, unprofitable proportion of the market.
The Rise of "Super Catchers"
In 2019 and 2020, the copyright owners began working with "super catchers," computer algorithms that are so powerful they can even detect the use of color combinations, such as the famous Peppa Pig pink, sky blue, and grass green. The operators of these algorithms stand to make a lot of money by catching repeat offenders who do not comply, and they are actively approaching larger brands to collaborate and put a stop to the industry's problem. Brands such as Entertainment One, Nickelodeon, Hasbro, Disney, Universal
Final Opportunity and Consequences for the Industry
For reasons that are yet to be fully understood, the brand owners have taken the decision to engage with industry-related organizations, media hosts, website providers, and popular platforms such as eBay, Google, Bing, Gumtree, Facebook, Facebook group administrators, and Instagram by utilizing legislation that makes non-compliance impossible. These regulations hold the aforementioned companies accountable as accomplices to fraud.
As a result, you may have noticed polite warnings from industry organizations such as BCN and KBS, with greater detail, and observed the removal of eBay listings, closure of accounts, deletion of Facebook pages, and permanent removal of Google+.
If the industry fails to comply and regulate itself by the expiration of the industry-wide warning, the situation will escalate beyond mere warning letters. The brand owners fully intend to initiate a criminal investigation into the offending parties, which can result in visits from trading standards and police raids.
The era of ignoring warnings, using counterfeit artwork, and misleading labeling (such as calling a castle a "pig castle 1") has come to an end. It is only a matter of weeks before industry organizations like BCN are forced to remove inflatables and Facebook has already started deleting pages at an alarming rate. With platforms such as Gumtree, Marketplace, and eBay deleting listings, retiring or amending the inflatables is the only viable option.
It is crucial to note that this is a matter of extreme severity and represents the final opportunity for the industry to comply.
THIS IS EXTREMELY SEVERE & TRULY IS THE LAST CHANCE.
Manufacturers
At BetterBounce, we acknowledge the responsibility that comes with being a manufacturer of inflatables. We are aware that the usage of licensed artwork is a delicate matter and we want to assure our customers that we will only produce inflatables featuring licensed artwork with written legal consent. This ensures that we are operating in a lawful and ethical manner, and never engaging in any activity that may infringe upon the rights of others or violate intellectual property rights. Our top priority is to maintain the trust and confidence of our customers and we believe that following these principles is crucial in achieving this goal.
We recognize that there have been instances where manufacturers have turned a blind eye to the use of licensed artwork and passed liability onto the client through terms and conditions. We understand that this has contributed to the persistent issue within the industry and it is no longer acceptable to ignore it. At BetterBounce, we are committed to doing our part to rectify the situation and act in a responsible and ethical manner.
Where do we go from here?
As a manufacturer, we publicly admit that the actions that have taken place in our industry for a long time are wrong and that simply turning a blind eye or being involved is not acceptable. The roll-out of Airquee licenses and previous cease-and-desist letters should have been sufficient deterrents.
I firmly believe, based on my conversations, that there is a real opportunity for us to take advantage of the unofficial amnesty period that has been granted and that we should all take note and act accordingly, with our company taking the lead. When accountability comes, it will be much more advantageous to have made proactive changes in the past, and to hopefully avoid the severe consequences that may follow. Let us all work together to rectify the situation
Betterbounce Specific and Amnesty offer.
At BetterBounce, we are committed to operating in an ethical and lawful manner and to providing our customers with the best possible service. In light of recent developments regarding the use of licensed artwork in the inflatables industry, we would like to offer the following:
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We will no longer accept orders for any non-standard artwork without written legal consent and proof of registered intellectual property ownership. This policy applies to all of our customers, with no exceptions.
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We will be providing access to our artwork templates, which will give businesses the ability to create their own unique designs and move away from infringing on others' intellectual property rights. These templates will be issued under license, with the understanding that they will not be used for any illegal purposes.
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We will be offering a copyright amnesty service, which includes the following options for our customers:
- Conversion of infringed products into compliant products, at cost price. This may involve adding blank panels or printed generic panels.
- Exchange of infringing velcro panels for new, compliant panels at cost price, with a receipt provided for future reference.
- Free destruction or disposal of infringing goods, with a receipt provided for future reference. Please note that converting fully themed wall-to-wall inflatables may not be cost-effective in some cases, but there will be no charge for checking.
We hope that these measures will help to address the concerns around the use of licensed artwork in the inflatables industry and that our customers will take advantage of this opportunity to operate in a lawful and ethical manner!
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