WTF! Copyright infringement!!! THATS MY FACE and pic!!!
10-11-2005, 11:25 PM
#31
Originally Posted by Geo
They can assume all they like, but unless specifically stated, the photos would not be in the public domain.
As for any claim by Porsche, they have a right to claim a trademark if used. They have a right to any photo they paid for the rights to. They have zero rights to an image created by someone else.
As for any claim by Porsche, they have a right to claim a trademark if used. They have a right to any photo they paid for the rights to. They have zero rights to an image created by someone else.
Regarding use, I was thinking along the lines of fair use. But actually they would be out of line because they are using the picture to sell a product at a profit. In other words they may benefit finacially from using the pictures.
However:
"Although web pages and email messages are protected as soon as created, copyright registration is needed before U.S. owners can bring suit."
Last edited by Manning; 10-12-2005 at 06:11 PM. Reason: spelling, what else
10-12-2005, 12:17 AM
#32
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These threads are hilarious. There was a huge one on the vw forums a couple years ago regarding certain individuals and their vw vector artwork. They made quite a few on request and posted them to the forum. Another bright individual saved all these posted files and opened up an e-commerce site selling t-shirts with this artwork printed on it. There was a HUGE uproar, but in the end it was obvious that pursuing some kind of lawsuit was just a fool's errand. Not to mention the site closed down rather quickly because it was not doing enough business.
The logical thing to do is just kindly ask the offending party to take down your artwork. You may HAVE copyright to the artwork, but if you have not applied for copyright then your rights are not really SECURE.
Only official registration with the copyright office gives you the right to sue for copyright infringement. Of course this is America and you can sue anyway, but you probably won't win and it will be a waste of time and money.
Just be happy that somone thinks your photo is that good. A local pet shop in my area is using some of my photos to sell sugargliders. I always give them a good-natured ribbing about it, but really I am happy to see my talent on display.
The logical thing to do is just kindly ask the offending party to take down your artwork. You may HAVE copyright to the artwork, but if you have not applied for copyright then your rights are not really SECURE.
Only official registration with the copyright office gives you the right to sue for copyright infringement. Of course this is America and you can sue anyway, but you probably won't win and it will be a waste of time and money.
Just be happy that somone thinks your photo is that good. A local pet shop in my area is using some of my photos to sell sugargliders. I always give them a good-natured ribbing about it, but really I am happy to see my talent on display.
10-12-2005, 01:19 AM
#33
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Hell, remember a while back with Pete's car? A guy took a pic of his car and was selling posters(prolly still is) Totally profiting from his hard work. I still think that you should chock it up as a compliment, probably the best example out there!
10-12-2005, 01:24 AM
#34
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Originally Posted by Blue S2
Whoa! No email, no contact, no nothing! I am being used for marketing purposes and profitable gain! Should I contact this company about this? I have timestamped originals to prove. Wait, what do I need timestamps for....I have MY FACE!!!! HAHAHA.
What do ya'll think!
Just kidding Travis, I'm honor'd you like my car enough to put in on the websites homepage. RRRRRRRRRRREEEEEEEEEEEEEEENNNNNNNNNNNNNBBBBBBBBBBBBAAAAAAAAAAAYYYYYYYYYY YYYYYYYYYYY!!!!!!!!!!!
See you again at the next Fest (if there is one).
Cory
10-12-2005, 04:01 AM
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I recall Porsche is touchy about use of images of their vehicles as well as model numbers etc. John D. should have some experience with this issue. I also thought that was why the car art on Paragon's site was kind of an amalgam of shapes hinting at Porsches, not specifically showing a model.
Originally Posted by Gator_86_951
ckathens,
Dude you want to write my brief for fair use defense. Probably not. This is like pulling TEETH!
Dude you want to write my brief for fair use defense. Probably not. This is like pulling TEETH!
Btw, if you're interested, I have an article coming out in the USF Intellectual Property Law Bulletin in about a month on protection of software IP in europe. I'll send you the cite when it shows up on Westlaw. I basically argue that the software patent directive is BS and that copyright isn't good enough so a sui generis form of protection is needed.
10-12-2005, 07:26 AM
#36
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Originally Posted by ckathens
hahaha... Even though I believe strongly in the IDEA of fair use, even I'll admit it has very little basis in the law... Good luck with that.
Btw, if you're interested, I have an article coming out in the USF Intellectual Property Law Bulletin in about a month on protection of software IP in europe. I'll send you the cite when it shows up on Westlaw. I basically argue that the software patent directive is BS and that copyright isn't good enough so a sui generis form of protection is needed.
Btw, if you're interested, I have an article coming out in the USF Intellectual Property Law Bulletin in about a month on protection of software IP in europe. I'll send you the cite when it shows up on Westlaw. I basically argue that the software patent directive is BS and that copyright isn't good enough so a sui generis form of protection is needed.
My brief is basically a whole bunch of words surrounding the words; "transformative", "alter", "version", "parody", "the court should affirm"
10-12-2005, 10:01 AM
#37
Well,
Looks like your gonna have to fire bomb the company. I find mixing gasoline, styrofoam, and crushed road flares, makes for great home made napalm. Good luck....take pictures.
Looks like your gonna have to fire bomb the company. I find mixing gasoline, styrofoam, and crushed road flares, makes for great home made napalm. Good luck....take pictures.
10-12-2005, 11:16 AM
#38
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Originally Posted by GOBOGIE
RRRRRRRRRRREEEEEEEEEEEEEEENNNNNNNNNNNNNBBBBBBBBBBBBAAAAAAAAAAAYYYYYYYYYY YYYYYYYYYYY!!!!!!!!!!!
10-12-2005, 02:57 PM
#39
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quit yer bitchin bout being in the picture and focus yer bitchin on whether they got the cobalt color right!!! 
i dig the sandals and sock thing (on my grandpa). you gonna wear them on your album cover?
i dig the sandals and sock thing (on my grandpa). you gonna wear them on your album cover?
10-12-2005, 07:03 PM
#44
Ever positioned yourself kind of funny under the car, like say while working on the brakes or wheel bearings, and thought to yourself "damn, if the car fell off the stands right now it would crush my *****/legs/feet/whatever. I hate that. Or your checking out somebodies car while your at work and then it dawns on you that you are wearing a tie and it was awful close to the belts just then? I hate that too.
10-12-2005, 07:04 PM
#45
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Well, while this is one of the most off topic threads in a while i'll jump in..
Manning I often feel that way... or I'll be wacking a wrench, straining to get this bolt out and notice im using my foot as leverage against the jack, and realize that it couldve been the end of my life.. as no one wouldve found me for a few hours.
Manning I often feel that way... or I'll be wacking a wrench, straining to get this bolt out and notice im using my foot as leverage against the jack, and realize that it couldve been the end of my life.. as no one wouldve found me for a few hours.