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Old May 19th   #1
CADster
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car pics used to sell products.

legal question....

if someone takes pics of your car to sell a product (like a ground effects kit).. dont you have a case for legal compensation ?

its not that they took the pic (but who cares if they did) its that they took your car domain pics and are using them to sell a product on Ebay.

even if they did take the pic (and they did not), cant you force them to not use your car unless they pay you ?

what kind of case would you have ? what would the filing be ?

Last edited by blakdak91; May 19th at 03:26 PM.
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Old May 19th   #2
MYLOTOY
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I Think You Would Have To Prove It Is Your Car. That Might Be Tough Especially If There Is No Tag Or Vin Shown. That Is My Opinion Though.
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Old May 19th   #3
Samir
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This is in the area of intellectual property rights and I'm not an attorney specializing in that area (or any area for that matter) so this is just from what I know.

It depends on under what license the photographer was taking the picture. If it was in a public place like a car show, then I believe there are no rights to the content in the photo. The photographer owns the rights to the photo and can license the image to someone else for commercial use.

The exception to this is when something is published. That's why movies used to have a small piece of tape over the "Sony" on the televisions--because Sony did not authorize the use of their copyrighted and trademarked brand for publication in a motion picture. Now they have huge logos since they realize that this is great free advertising, lol.

Now in the example of a company selling a body kit. If it is not their kit or is their kit highly modified, then you as a consumer have some rights since the company might be able to be proven as trying to defraud consumers. So you can't get any compensation for them using your car, but you can get a settlement or shut the company down.

Car Domain pics are legally licensed to Car Domain and the people that upload them certify that they own all the rights to them. The same usage agreement is generally used for all the free picture/video hosts. It basically states that they can do anything with the photos and that you license all the rights to the photos to them for free.

Now when someone steals an image from Car Domain to use on an Ebay auction, a couple of things have happenned. The photographer did not license the use of that photo for that purpose, so that's one copyright infringement. Car Domain probably has a copyright on their web site, so that's copyright infringement number two.

The problem with enforcement of all this is the same that plagues all legal battles--time and money. YOU have to spend the money to file a suit even when the other party has infringed on your rights. This really sucks for individuals as it's usually not worth the trouble. But this same thing can be a boon for large companies who can gain quite a bit from delayed legal action. (See the thread in the Rocket City Mustang forum on changing the club name for a great discussion on this.)

I hope this helped somewhat.

And since we are on this subject, Huntsville Car Scene content is copyright Huntsville Car Scene.com and cannot be taken from the web site in any form.

Posts are original creative works copyrighted by their respective authors and perpetually licensed to Huntsville Car Scene.com at no charge.

Images are taken in public areas, but even so, we always strive to make sure it is ok with the owner to photograph their vehicle. And even if the owner changes their mind, we quickly and without question remove images.

The layout, design, and graphical elements of the site are all protected under US copyright law. And all of this and more are in the Terms of Service for this web site. Most other sites have similar agreements. These are legally binding agreements and do stand up in court.
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Old May 19th   #4
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That is all good info to know.
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Old May 20th   #5
CADster
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thank you...

but i may not of explained it the best.... so examples are needed -

http://cgi.ebay.ca/RK1-Honda-Prelude...QQcmdZViewItem

this is the Ebay store seilling ground effects for 3rd gen ludes.

the goldish lude is a pp.com member



he is a kid and did not know what to do. he contacted the Ebay store about them using his car and the pretty much blew him off. its his car, there is no way around this.

i always thought if you did not cover the 'sony' name on the TV, you owed sony for using their name. wouldn't this kids car be in teh same boat ?

and on a final note - the car owner was the one who took pics of his car.

Last edited by blakdak91; May 20th at 11:36 AM.
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Old May 20th   #6
Samir
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Quote:
Originally Posted by blakdak91
thank you...

but i may not of explained it the best.... so examples are needed -

http://cgi.ebay.ca/RK1-Honda-Prelude...QQcmdZViewItem

this is the Ebay store seilling ground effects for 3rd gen ludes.

the goldish lude is a pp.com member



he is a kid and did not know what to do. he contacted the Ebay store about them using his car and the pretty much blew him off. its his car, there is no way around this.

i always thought if you did not cover the 'sony' name on the TV, you owed sony for using their name. wouldn't this kids car be in teh same boat ?

and on a final note - the car owner was the one who took pics of his car.
ebay, like most companies won't get involved in something that they are not directly responsible for.

However, because the photo being used is copyright by the owner of the vehicle and is being used without his permission, ebay must comply with his request to remove it in a reasonable time or he can file a suit against ebay and the company selling the product for copyright infringement. (He can actually take action against the company either way.)
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Old May 21st   #7
CADster
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got cha'

heh.. i should of said i needed it explained simpler
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