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Thread: Someone's selling my car!!! Reply to Thread
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Topic Review (Newest First)
12-14-2007 07:55 PM
mrvette
Quote:
Originally Posted by Scissors View Post
As I stated previously, it would depend on what the court decided. It could be, or it might not be. Just because you take a photograph of something does not mean you can sell that photograph. This is something professional and amateur photographers know quite well. Copyright infringement can be done through the use of photography.

One cannot legally, for example, take photographs of the pages of a book and sell them without permission.
25? years ago, a flying photographer took an aerial pix of mom's house, came around with a framed copy, sis and mom bought it.....

sat around over ten years....sis and I used it to make copies for addys to sell the house...the photo studio refused to copy it on account of they said it was property of the guy who took the pix....so we erased his name of the back of it, and went to another studio for copies.....hell with it....

this copyrong laws crap is so stupid allready, it's not funny anymore....
12-14-2007 02:20 PM
BlkThunder69
Quote:
Originally Posted by JetBlackZ51 View Post
Well now you're famous! Can I have your autograph please?

Anytime someone copies you that is one of the highest forms of a compliment, be proud my friend...and I would hit them up for Royality Fees!
200% Car does look Awesome on that shirt! Go get your $$$$$!!!
12-14-2007 02:01 PM
clev357 I'm sueing you guys for MAKING me read all of those replys and giving me legal advice!
12-14-2007 12:34 PM
raidmagic
Quote:
Originally Posted by bierbelly View Post
Aha! So the pic was your's after all! You have no choice but to sue yourself.
I'm going to sue him for starting all of this.
12-14-2007 11:36 AM
bierbelly
Quote:
Originally Posted by Z-MAN View Post
You guys crack me up. I have no intention of suing this guy. I'm not even upset about it. I think it's funny actually. The pic is one I actually took and sent to another forum to put on a t shirt that I won. A freebie. And yes, I still have the original pic. So I kind of know how it got started. And I don't plan on doing anything about it.......................although I am going to ask him to send me a t or mouse pad.
It's all good.

Aha! So the pic was your's after all! You have no choice but to sue yourself.
12-14-2007 11:07 AM
Scissors
Quote:
Originally Posted by bierbelly View Post
Well, the picture he took is not yours, it's his, so that's not copyright infringement.
As I stated previously, it would depend on what the court decided. It could be, or it might not be. Just because you take a photograph of something does not mean you can sell that photograph. This is something professional and amateur photographers know quite well. Copyright infringement can be done through the use of photography.

One cannot legally, for example, take photographs of the pages of a book and sell them without permission.
12-14-2007 11:01 AM
Z-MAN You guys crack me up. I have no intention of suing this guy. I'm not even upset about it. I think it's funny actually. The pic is one I actually took and sent to another forum to put on a t shirt that I won. A freebie. And yes, I still have the original pic. So I kind of know how it got started. And I don't plan on doing anything about it.......................although I am going to ask him to send me a t or mouse pad.
It's all good.
12-14-2007 09:18 AM
bierbelly
Quote:
Originally Posted by Scissors View Post
Exactly.

For it to be copyright infringement would require that the car be a protected work:

literary works;
musical works, including any accompanying words
dramatic works, including any accompanying music
pantomimes and choreographic works
pictorial, graphic, and sculptural works
motion pictures and other audiovisual works
sound recordings
architectural works

He could attempt to argue that it's a sculptural work, but it would come down to what the Court says, which would likely depend on previous case law (if any) in regards to mechanical "sculptures."

He'd likely have a case if he built the car from scratch and didn't drive it, thus cementing its place as a work of sculptural art. But considering it was mass produced and simply modified (and used as a vehicle) it probably would not stand up in court.
Well, the picture he took is not yours, it's his, so that's not copyright infringement. Your claim is for infringement of your personal right of publicity, if you can establish without a doubt that it's your car (that no one else has customized it in the same way). If so, there's going to be a question as to whether one's "personal right of publicity" extends to his/her car...interestingly, as far as I know, this case would be right on the cutting edge of the law. It would be interesting, and probably only cost you $50-100K to resolve. Go for it!
12-14-2007 06:37 AM
JetBlackZ51
Quote:
Originally Posted by Z-MAN View Post
I love you too B.



Now that's funny! One could go many directions with this boys........
12-14-2007 06:32 AM
Scissors
Quote:
Originally Posted by Punk Boy View Post
doubt its infringement....the picture was taken in public place just like the tabloids taking pictures of an actor/actress in public and making money selling there mags...they don't get compensation for that...
Exactly.

For it to be copyright infringement would require that the car be a protected work:

literary works;
musical works, including any accompanying words
dramatic works, including any accompanying music
pantomimes and choreographic works
pictorial, graphic, and sculptural works
motion pictures and other audiovisual works
sound recordings
architectural works

He could attempt to argue that it's a sculptural work, but it would come down to what the Court says, which would likely depend on previous case law (if any) in regards to mechanical "sculptures."

He'd likely have a case if he built the car from scratch and didn't drive it, thus cementing its place as a work of sculptural art. But considering it was mass produced and simply modified (and used as a vehicle) it probably would not stand up in court.
12-13-2007 05:37 PM
Z-MAN Well, Cafe Press says there isn't any way I can contact the seller through them. But I have a lead. I remembered that about two years ago, I won a t shirt on the ModVette forum with that picture on the shirt (nice shirt actually) . So SOMEBODY from that forum is the culprit. But that forum is dead, so my chances of finding the person are pretty slim. I was trying to get a couple more shirts though. I thought the mousepad was kinda cool.

11-26-2007 01:43 PM
Z-MAN
Quote:
Originally Posted by BASSIST View Post
XL Please


Have I told you how much of a great guy you are Z-Man
I love you too B.



11-26-2007 12:53 PM
BASSIST
Quote:
Originally Posted by The Shield View Post
I'll take one.
XL Please


Have I told you how much of a great guy you are Z-Man
11-26-2007 12:15 PM
Waco
Quote:
Originally Posted by Punk Boy View Post
doubt its infringement....the picture was taken in public place just like the tabloids taking pictures of an actor/actress in public and making money selling there mags...they don't get compensation for that...
11-26-2007 12:12 PM
Double_Take Id be flattered. Ask the guy if he has sold a lot of them. Request a free one, then get some new pictures and start selling your own. lol.
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