Stolen & Copyrighted

[Peter Wright]

A pic of my car I had on the forum has been stolen then copyrighted
Although I don't care I think its a bit much
Any thoughts please
 m http://www.bdtrims.com/images/expls/ind ... rrentPic=2 m
Pete

[Silverman]

A pic of my car I had on the forum has been stolen then copyrighted
Although I don't care I think its a bit much
Any thoughts please
 m http://www.bdtrims.com/images/expls/ind ... rrentPic=2 m
Pete

Don't know Peter.  It is a bit much and why has it been copyrighted?
I think one of our web experts needs to advise on this.

[alancdavis]

Cant get the link to work    s:?: :?: s:?:  
Any way ,,,I suggest you request a rather large fee for the privalege to use the photo and of course a royalty fee for each time it is viewd,,,  s:twisted: :twisted: s:twisted:

[SimonC_Here]

Were they the people who did it for you?

I still think they should give you something for it, blatantly nicking the photo and saying that it is theirs is a bit off.

Simon

[Anonymous]

A professional photographer would have claimed copyright up front as part of the contract and you would have signed to this effect. As it is, you own the car, not the photograph of it. Lawers please shoot me down.
Why would anyone want copyright??

[markiii]

well it's his photo as well as his car

[Anonymous]

When i sold my badges off my first roadster on ebay, sexybrunnette used my pictures to sell hers. Would not have bothered me, but she has a buisness on ebay and every listing states her pics are copyrighted and she will sue if anyone uses them.

Cheeky mare eh?

[Anonymous]

I think the point I'm trying to make that if you thought the photo was that good, then why didn't you copyright it??
Would you have bought the Mona Lisa to hang on your wall???

[kanujunkie]

this is sad that this happens, recently the club had to ban a member who stole a lot of our reference section items and posted them as his own work on another forum, on that one we were able to get them deleted as we had close ties with the club, but i doubt this company will do anything other than ask you to prove its yours, which i doubt we could prove

[Anonymous]

Everything I have ever read in photographic magazines and websites state that the photographer automatically owns the copyright. Liz found this on the web: (cos she's the queen of Google)

 m http://www.copyrightservice.co.uk/prote ... _copyright m

[cdrskull]

Hi m8.. as far as I was aware you own the copyright as you took the picture.

If your that bothered about it I would just email them asking them to remove it from there website and let them know you are the original photographer.

Steve

[northernalex]

I would suggest that you let them have the copyright for a small payment and/or some freebies from them.  At the end of the day its never going to make you a forture..

Plus, i hate people that say "at the end of the day"

Alex

[evileye_wrx]

Some random thoughts...

Did anyone notice BD Trims are based in the States? The most they will do is take the pic off their site, but then no one else gets to see what a RHD MR2 in walnut trim looks like. More than likely they'll do nothing at all. I'm pretty sure they aren't going to be too worried about being sued cos thats just going to be the biggest pain the neck to try and do (Unless you happen to work for a law firm with a branch in New York?)

Maybe they'll argue its a different car that just happens to look similar?

Remember mimicry is the highest form of flattery. Pete, they obviously lowed your car so much they used the pic. Was it them you bought it from? There may be small print saying they reserve the right to use any pics of their products for promotional purposes, which possibly means the pic is technically theirs.

Maybe their wily New York lawyer will argue that you stole an image of their product by photographing it. You never know in the Land of Litigation

[Peter Wright]

A pic of my car I had on the forum has been stolen then copyrighted
Although I don't care I think its a bit much
Any thoughts please
 m http://www.bdtrims.com/images/expls/ind ... rrentPic=2 m
Pete

As I said "I don't really care" so ill let matters lie, I just thought it was a bit much
Yes they are the company in the States where I bought it
But the only way they could have got it was on this forum   s:twisted: :twisted: s:twisted:  
If I had known what they were going to do I would have cleaned the floor for them
As an afterthought it well could have been the old forum before this nice new one as it was about 6 years ago
Pete

[roger]

What pisses me off Pete, is not that they have used the photo, but that they are actually claiming copyright of the photo, which is not theirs to do.

Technically speaking they are stopping you using your own photos.   s:evil: :evil: s:evil:  

I would take it up with them if I was you on that point alone. The very least they need to do is delete the Copyright notice. The very best is to pay you loads of dosh.

We've just had a case where a manufacturer claimed copyright on a web photo, borrowed from and with the full permission of a wholesaler. Technically they are right, but it certainly doesn't do well for their image and marketing policies.

[Anonymous]

I hate it when that happens.  I discovered someone selling one of my badge designs on a foreign country web site a few years ago.  It isn't about money to me, but I think of it as theft and dishonesty.

[darrenjuggins]

Hi,

I'm sure Craig will be along shortly, but what we both do is allow a Licence to USE, you should always keep hold of the copyright yourself.

Now what seems to have happended is they have "borrowed" the image off MR2 Roc site, but then to use it for comercial gain, without the express permisson of the MR2 Roc site or in turn the owner of the image, then I do think that is a little naughty.

I would personally drop them a line, inform them of the above 2 facts and possibly (if you so wish) ask them to donate to the club funds and then allow them continued use of the photo (under Licence) on this basis.

In future, if this keeps happening, it would be a suggestion for people concerned about this to Watermark there images through the middle with a name, company name or so on to ensure this dosen't happen, or at least they come to you for permisson and an unwatermarked version.

Unfortunately I suspect most people just click on the image on here and download, there are ways of stopping this, but that would require the intervention of the Web Team.

Hope this helps and if you can get a contribution to club funds I would suggest doing so, else request immediate removal.

Kind Regards

Darren J

[filcee]

I had the same happen to some photos of my apartment.  They were used by on a company website with that company's copyright mark across the middle.  I sent them a plainly worded email asking them to either correctly attribute the copyright to me and I would allow them to continue to use the picture, or to remove it from their site. They removed the picture.

[Anonymous]

I don't really want to perpetuate this but are we saying that I can't take say a photo of your car?? What's the difference between your image and my image on the same day, same place etc?? How can you complain after the event?? Would you have used your image for financial gain??
If I subsequently make money from something that you were not going to do anything with (ie I added all of the value) then where is your claim?
If you don't establish copyright in writing then common law and all of that says that it was my image of the car and not yours. Even if that is not strictly the case, it's easy to try to cash in on other peoples successes.
What if the image instigated or was used as evidence for a damages, negligence claim?? Yours or mine now??

[Peter Wright]

I did not want this to turn into an argument, all I wanted to know how someone could copy a picture off this forum and then copyright it as there own, which I know has been done, as I said in my initial post
"I don't care" but I think its wrong, and I can understand other points of view.
Pete

[Anonymous]

Pete
In the imortal words of the SAS, 'who cares who wins'
Just thought it was an interesting debate.
Dave Smith

[dbrown]

i'd take it as a compliment in this situation really
they could easily take a photo themselves but obviously
thought your picture was good enough for their site

although i agree its a bit cheeky claiming copyright
they aren't really making money from it apart from
saving the cost of taking one themselves

[DannyN]

All I wanted to know was how someone could copy a picture off this forum and then copyright it as there own

Peter
Why dont you just send them an email asking them, its worth a try and could end all this speculation.

D

[kentsmudger]

are we saying that I can't take say a photo of your car?? What's the difference between your image and my image on the same day, same place etc??

If you take a photograph standing next to me, the photos are different and individual works, your photo is automatically yours and my photo is mine - The copyright belongs to the creator of the work (the photographer), It makes no difference at all what the subject of the photo is or who owns the subject, buildings, cars, whatever.

You do not have to mark a photo with copyright to have copyright, you are just using that mark to let people know who owns it, so if it gets pinched everyone can see it's stolen

[dbrown]

the only time the subject really matters is when you are on
private property where you are supposed to ask for permission
(even shopping centres often stop people although more if you
have pro looking gear)

or more importantly pictures of people
if the person is the main subject their permission is needed
if they are stood near the subject or in the background then its ok

press photographers get away with it because they are supposedly
public interest or news even if very vaguely news related