The death of F1 Fantasy Leagues?
Discussion
Anyone else had an email from a fantasy league they take part in stating that due to FOWC holding the exclusive rights and these leagues using F1 elements they need to be shut down?
Full text of the email I had:
Formula One: Online games infringement
Dear Sir / Madam
Your website http://www.racing-leagues.co.uk/ includes an interactive game product, which has been brought to our attention as it includes intellectual property which is Formula One related.
We therefore would appreciate your being aware of the rights which relate to such material which exist.
As you may know, Formula One World Championship Limited (“FOWC”) has the exclusive rights to manage, control and exploit all audio and audio-visual material rights world-wide of any kind whatsoever (including but not limited to film, television, radio, video, mo! bile devices, DVD, CD Rom, MP3 and MP4, the Internet and any other electronic media of any kind and all exploitation thereof) in, of or pertaining to the FIA FORMULA ONE WORLD CHAMPIONSHIP. Accordingly, no audio and/or audio-visual material (including stills from moving picture images) of any Formula One event (including official events and test sessions) and/or any official logos, trade marks and/or copyright protected material such as results, timing data and official regulations (“Formula One Material”) may be used with or on any product unless specifically and expressly authorised by FOWC.
Furthermore, the devices (F1 FORMULA 1, F1 and the FIA FORMULA 1 WORLD CHAMPIONSHIP), the expressions FORMULA ONE, FORMULA 1, F1, FORMULA ONE WORLD CHAMPIONSHIP, GRAND PRIX and any permutations or foreign language equivalents and related trade marks thereof are trade marks adopted, owned and/or registered by Formula One Licensing B.V. (part of the Formula One group of companies) and in respect of which FOWC has the commercial exploitation rights, (the “Marks”, each being a “Mark”). These Marks may only be used with FOWC’s express authorisation and may not under any circumstances be adopted by a third party as part of a company, trading or Internet domain name, or used on any item or in any other manner which might imply an official connection with FOWC, the FIA Formula One World Championship or Formula One motor racing generally.
In addition, you should be aware that other rights exist in Formula One team elements (including Team logos/marks/imagery, driver names/imagery, car designs and liveries) and Grand Prix names which need to be respected and in this regard FOWC is authorise! d to coll! ectively licence the inclusion of the Formula One teams element, Event names and circuits layouts in interactive game products together with the Formula One Material and Marks (“Formula One Elements”). In the circumstances, it is not possible to produce an interactive game (including but not limited to console, PC, mobile device, simulator, pod and/or on line via the Internet or otherwise) based upon the FIA Formula One World Championship using the Formula One Elements without an appropriate licence from FOWC.
From considering some of the pages displayed and accessed from your site, it is clear that the Unlicensed Game is using Formula One Elements. Use of Formula One Elements is something that is licensed by FOWC and they are unaware of any licence for your company or any other in relation to this Unlicensed Game.
Further please be advised that FOWC currently has an exclusive worldwide interactive game products agreement with a third party, who is fully utilising these rights. This Unlicensed Game and any other use of the Formula One Elements in an Interactive game products therefore is not just an issue for us but also could compromise the licence with such third party.
Please immediately cease all such infringements on any and all of your web sites and confirm to us via email that you have done so.
Nothing in this letter is intended or shall be construed to constitute an express or implied waiver of any of FOL's or FOWC's rights or remedies, including any rights or remedies in respect of infringement not explicitly stated, whether current or in the future, all of which are expressly reserved.
Formal Declaration
I hereby state that FOWC and FOL are the owners of the exclusive rights referenced above and that NetResult Solutions is authorised to act on their behalf with respect to internet monitoring and compliance. On behalf of FOWC and FOL I hereby state that I have a good faith belief that use of the content in the manner complained of is not authorised by FOL or FOWC, their agents, or the law.
Full text of the email I had:
Formula One: Online games infringement
Dear Sir / Madam
Your website http://www.racing-leagues.co.uk/ includes an interactive game product, which has been brought to our attention as it includes intellectual property which is Formula One related.
We therefore would appreciate your being aware of the rights which relate to such material which exist.
As you may know, Formula One World Championship Limited (“FOWC”) has the exclusive rights to manage, control and exploit all audio and audio-visual material rights world-wide of any kind whatsoever (including but not limited to film, television, radio, video, mo! bile devices, DVD, CD Rom, MP3 and MP4, the Internet and any other electronic media of any kind and all exploitation thereof) in, of or pertaining to the FIA FORMULA ONE WORLD CHAMPIONSHIP. Accordingly, no audio and/or audio-visual material (including stills from moving picture images) of any Formula One event (including official events and test sessions) and/or any official logos, trade marks and/or copyright protected material such as results, timing data and official regulations (“Formula One Material”) may be used with or on any product unless specifically and expressly authorised by FOWC.
Furthermore, the devices (F1 FORMULA 1, F1 and the FIA FORMULA 1 WORLD CHAMPIONSHIP), the expressions FORMULA ONE, FORMULA 1, F1, FORMULA ONE WORLD CHAMPIONSHIP, GRAND PRIX and any permutations or foreign language equivalents and related trade marks thereof are trade marks adopted, owned and/or registered by Formula One Licensing B.V. (part of the Formula One group of companies) and in respect of which FOWC has the commercial exploitation rights, (the “Marks”, each being a “Mark”). These Marks may only be used with FOWC’s express authorisation and may not under any circumstances be adopted by a third party as part of a company, trading or Internet domain name, or used on any item or in any other manner which might imply an official connection with FOWC, the FIA Formula One World Championship or Formula One motor racing generally.
In addition, you should be aware that other rights exist in Formula One team elements (including Team logos/marks/imagery, driver names/imagery, car designs and liveries) and Grand Prix names which need to be respected and in this regard FOWC is authorise! d to coll! ectively licence the inclusion of the Formula One teams element, Event names and circuits layouts in interactive game products together with the Formula One Material and Marks (“Formula One Elements”). In the circumstances, it is not possible to produce an interactive game (including but not limited to console, PC, mobile device, simulator, pod and/or on line via the Internet or otherwise) based upon the FIA Formula One World Championship using the Formula One Elements without an appropriate licence from FOWC.
From considering some of the pages displayed and accessed from your site, it is clear that the Unlicensed Game is using Formula One Elements. Use of Formula One Elements is something that is licensed by FOWC and they are unaware of any licence for your company or any other in relation to this Unlicensed Game.
Further please be advised that FOWC currently has an exclusive worldwide interactive game products agreement with a third party, who is fully utilising these rights. This Unlicensed Game and any other use of the Formula One Elements in an Interactive game products therefore is not just an issue for us but also could compromise the licence with such third party.
Please immediately cease all such infringements on any and all of your web sites and confirm to us via email that you have done so.
Nothing in this letter is intended or shall be construed to constitute an express or implied waiver of any of FOL's or FOWC's rights or remedies, including any rights or remedies in respect of infringement not explicitly stated, whether current or in the future, all of which are expressly reserved.
Formal Declaration
I hereby state that FOWC and FOL are the owners of the exclusive rights referenced above and that NetResult Solutions is authorised to act on their behalf with respect to internet monitoring and compliance. On behalf of FOWC and FOL I hereby state that I have a good faith belief that use of the content in the manner complained of is not authorised by FOL or FOWC, their agents, or the law.
I think that as they get more and more desperate for money, each and every time the words "Formula One" are mentioned in print or in the media, they will require a royalty to be paid.
They really don't understand the principle of encouragement of interest. Their only concern is squeezing maximum income from a shrinking pool.
They really don't understand the principle of encouragement of interest. Their only concern is squeezing maximum income from a shrinking pool.
About 8 or 10 years ago I got a similar email from the host of my website after they received one from someone purporting to be acting on behalf of F1 Holdings (as was then I think), telling them to drop F1 Ferret, f1ferret.co.uk (all the news before it happens). I didn't have all that many regulars - maxed out at a bit over 900 for each post race edition, so changed the URL, keeping the original URL which, if entered, took people through to it. So less that 1000 unique visitors a race and still they thought it worth persecuting me. Or rather my host. The only good bit was that they probably charged Ecclestone £100 or more for the email.
It took just three races to get up to the original numbers.
I thought that would do but the host got another, this time more threatening, letter complaining of both URLs. My host ran with F1 Ferret as a pointer for another two or three races then had to concede defeat. At the end of the season, the second on that URL, I gave up. I was going to run with fierret, or maybe eno1ferret, Murray's F1 backwards, but then couldn't be arsed.
It took just three races to get up to the original numbers.
I thought that would do but the host got another, this time more threatening, letter complaining of both URLs. My host ran with F1 Ferret as a pointer for another two or three races then had to concede defeat. At the end of the season, the second on that URL, I gave up. I was going to run with fierret, or maybe eno1ferret, Murray's F1 backwards, but then couldn't be arsed.
IainT said:
They're claiming ownership of "GRAND PRIX"?
Bernie did claim at one point that he did own the rights to "Grand Prix" but he was told in no uncertain terms that he could not make such a claim being that the expression "Grand Prix" is not unique to Formula 1. Indeed, it's not even unique to motor sport with lots of sporting and non-sporting events often termed "Grand Prix" events - especially in the French speaking world.Eric Mc said:
Bernie did claim at one point that he did own the rights to "Grand Prix" but he was told in no uncertain terms that he could not make such a claim being that the expression "Grand Prix" is not unique to Formula 1. Indeed, it's not even unique to motor sport with lots of sporting and non-sporting events often termed "Grand Prix" events - especially in the French speaking world.
Those bloody French. Pinch all our phrases.
s off the fans!Sometimes a relaxed view of "rights" should be applied by those who own those rights.
If an organisation or person is doing something which helps popularise an activity but does not make money out the activity for the "breacher" and does not deprive the rights holder of any significant income, then they should be a bit more pragmatic. They should take the view that minor breaches probably BENEFIT the overall enterprise by generating additional interest.
It's just been announced today that the Premier League is going to clamp down on people putting up images of Premier League matches on You Tube, including personal shots taken at matches on mobile phones etc.
Now, I fail to see how dodgy home video images can ever really draw people away from watching Premier League football on more legitimate platforms.
If an organisation or person is doing something which helps popularise an activity but does not make money out the activity for the "breacher" and does not deprive the rights holder of any significant income, then they should be a bit more pragmatic. They should take the view that minor breaches probably BENEFIT the overall enterprise by generating additional interest.
It's just been announced today that the Premier League is going to clamp down on people putting up images of Premier League matches on You Tube, including personal shots taken at matches on mobile phones etc.
Now, I fail to see how dodgy home video images can ever really draw people away from watching Premier League football on more legitimate platforms.
Eric Mc said:
Reminds me of the Saturday Morning Swapshop "Grand Pricks" incident.
My memory says it was "Why don't you just switch off your television set and go out and do something less boring instead" or Why don't you... It was presented by children hence the wonderful "Grand pricks! What's a grand pricks?" Moment. Of course if the show had succeeded it would have had no audience. 
Of course my memory is somewhat faulty these days so I could be very wrong 
Edited by R39S1 on Friday 15th August 10:19
Just a dull point to make on this but any companies that have paid F1 for an exclusive licence would probably be able to sue the rights holders if they did not take action to protect the exclusivity they had purchased. Often exclusivity contracts contain an obligation on the rights holders to take action against persons they are aware of using licensed material, trademarks, logos etc.
Just a dull point to make on this but any companies that have paid F1 for an exclusive licence would probably be able to sue the rights holders if they did not take action to protect the exclusivity they had purchased. Often exclusivity contracts contain an obligation on the rights holders to take action against persons they are aware of using licensed material, trademarks, logos etc.
Yes - legally they would all have a case.
But CULTURALLY all they are doing is strangling the sport. The drive to extract every single penny out of the sport at every single opportunity will eventually drive it out of the reach of those who would like to follow it.
And even worse, it will ensure that new blood does not come along to replace the older fans as they disappear off the end of their mortal coils.
But CULTURALLY all they are doing is strangling the sport. The drive to extract every single penny out of the sport at every single opportunity will eventually drive it out of the reach of those who would like to follow it.
And even worse, it will ensure that new blood does not come along to replace the older fans as they disappear off the end of their mortal coils.
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