A private consultant hired by the Edgartown Library Foundation is threatening legal action for copyright infringement over a phrase used to promote an annual community fund-raiser for the town public library.
Danielle Pendergraft claims her public relations company, Holiday Public Relations, owns the rights to the slogan, “Frankly, We Love Our Library.”
The annual event is held on Labor Day at the Katama Airport, where the community is invited to come and eat frankfurters and raise money for the town library.
“We have a service mark on that name, as you would imagine, anything substantially similar to that is in violation of the service mark,” Mrs. Pendergraft said yesterday following a meeting of the Edgartown selectmen where the issue was discussed along with other library issues.
Mrs. Pendergraft, who recently moved permanently from Texas to Edgartown, said her public relations company has held the trademark since July 2009. Her contract with the library foundation began in August 2009; she resigned in February of this year.
The slogan for the event was recently changed to “We Love Our Library,” but Mrs. Pendergraft said the change was not enough.
“They’ll be hearing from our counsel tomorrow,” Mrs. Pendergraft said. “We have tried to work with them to resolve this situation and for the life of me I don’t understand what’s difficult about it — change the name of the event.”
The issue surfaced at the weekly selectmen’s meeting yesterday afternoon after an hourlong session with town counsel Ronald H. Rappaport over other library issues. The meeting was attended by foundation members as well as library trustees, who are elected. Mr. Rappaport advised all in attendance of the need to separate funds for the private library foundation from public town library monies. The foundation has been paying for invoices submitted by the library without first obtaining approval from the selectmen.
“Any private party can’t just pay directly the bills of the town . . . we have to comply with procurement policies,” Mr. Rappaport said. “There’s a process that has to be followed.”
Among other things, Mr. Rappaport said if the foundation buys things for the library, such as Smartboards or computers, the selectmen must vote to accept the gift, just as they would for any other town donation. Foundation members said they understood they need to set up a separate account with the town.
The town attorney also advised elected trustees not to sit on the board for the private foundation.
The library foundation was formed several years ago to help raise private money for a library expansion project whose future is now uncertain after the town recently lost out on a $5 million state grant.
A lengthy recent e-mail exchange between Mrs. Pendergraft and library foundation members that has been widely circulated reveals tension over a wide array of issues, including the fees paid to the consultant.
Former foundation board chairman Gwyn (Baba) Smith said at one point in an e-mail that her board was “dealing with a crisis of confidence,” over Ms. Pendergraft’s services and the amount of money she had been paid, which was not specified in the e-mail.
Ms. Pendergraft expressed her own frustration. “I have never seen another organization conduct themselves in this manner. For the sake of your organization’s continued credibility, especially in light of this correspondence, I strongly and urgently suggest ELF revisit its policies,” she said in one e-mail.
Yesterday Mrs. Pendergraft said she simply intends to keep the rights to her own advertising slogan.
“We’re not trying to be hard-nosed about it. I’ve been very generous with this organization and we’ve licensed, Frankly We Love Our Library program and event to other libraries in the country,” she said.
“I don’t expect any organization to retain our services forever but we do expect to be compensated for our work product and if they don’t want to do that, that’s fine, then they need to come up with something on their own.”
This article appears in August 30, 2011.
I am Chair of the Edgartown Library Foundation and am deeply distressed that the Gazette would publish unsubstantiated allegations against a non-profit organization whose mission is solely one of support to our community and Library. It does not meet the high standards of journalism for which the Gazette is known. I am easily reached for information on the assertions of Ms. Pendergraft and expect a clarification to appear in print and on-line immediately.
What happened to unbiased journalism. Maybe the Edgartown Library Foundation board members should have been interviewed. Several of the statements made by a consultant whose contract expired (she didn’t resign) are incorrect.
What a hornets’ nest stirred up by this ‘Consultant’. I imagine it will not gain her many new customers. In England we have read this account and are rather surprised that representatives of the Library have not been given the opportunity to respond within your article.
If this foundation group loves their library, why would they act so stupidly? I know a little bit about copyrights. It sounds like the foundation group could have avoided this. This is someone’s livelihood and the consultant must have a copyright or she wouldn’t be saying this. Just because a group has good intentions for the community doesn’t give them the right to use something that doesn’t belong to them. Who runs this foundation group? They don’t sound very bright. If this group gets sued, I hope their donors go after them for negligence in getting into this stupid mess. I guess all the donations will go towards damages for stealing a copyright instead of the library.
Can someone please explain what a “service mark” is? According to the US Copyright Office “Copyright does not protect names, titles, slogans, or short phrases.” I’m curious about this term “service mark” though. Thank you.
A service mark, according to the US Patent & Tradmark Office is: “… a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of a service rather than goods. The term “trademark” is often used to refer to both trademarks and service marks.”
I’m an illustrator so my logo is service marked, rather than trademarked. It’s not the same as copyright and I’m interested to know how the phrase this consultant uses can be service marked. A copyright “protects works of authorship, such as writings, music, and works of art that have been tangibly expressed.”
Is it an infringement of a mark, or a copyright?
Frankly, Mrs. Prendergraft, I don’t give a damn for your slogan in the first place.
If contract expired and the slogan goes with it – then so long Frankly, and welcome something else….
A Great Harbor of Literature
Edgartown Library Foundation
(Edgartown: first settled as “Great Harbor” until 1671)
We Cherish Our Library
Edgartown Library Foundation
I’m sure library patrons can give you a boatload of other ideas, as well – for free. Myself and our two children love the Edgartown Library. Hope this all works out, and the funds can be used as intended – for the improvement of the library. Cheers to reading and all the wonderful library programs!