Swoop, you're famous....

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Nick@Apollo-Optics

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That's not entirely true, really... They cannot make profit without permission on what is not theirs.


They are using a non-copyrighted picture off of the Internet. The Fair-Use Doctrine that you normally find with copyright laws does not apply here.

This happened to a guy on one of my other forums that found his vehicle on an eBay ad for a suspension/body lift setup that he had on his Titan. This is the information that was passed on to him.

If I am wrong, please let me know, but this is my understanding of it.
 

JP7

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Interesting - I'm curious to find out more of the legalities involved here.
Droid, when your brother can take a break from the Ducati - does he have any insight into copyright infringments or internet posting?
 

A.I.I.Raciing

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Congrats Swoop...but just to let y'all know...if you post any picture online without a watermark, it's fair game for anybody to use.
Not true. Believe me, I've had many companies use my pic over the years that I've not given permission to use. I have no problem with it unless they claim it as their's.

That's not entirely true, really... They cannot make profit without permission on what is not theirs.
Truth!

They are using a non-copyrighted picture off of the Internet. The Fair-Use Doctrine that you normally find with copyright laws does not apply here.

This happened to a guy on one of my other forums that found his vehicle on an eBay ad for a suspension/body lift setup that he had on his Titan. This is the information that was passed on to him.

If I am wrong, please let me know, but this is my understanding of it.
I have MANY friends that are professional photographers and know many that have sued over the use of their photo's. Even if you took the pic from your cell phone, posted it on the internet its still your's and can not be used without your consent.
A few years ago a large company in the off road community used my pic that I took with a cell phone and they lied about it saying they took it. Well I had proof that it was mine so I talked to my buddy that's a trademark lawyer and he said it would not be a problem getting paid for the pic. I was pissed that they would lie like that, but I didn't care enough to sue over it.

On a side not, when I was banned from that ****** bag's web site, he sent me an email saying that I broke 1 of his MANY rules, and he sent me all of his rules, one of them was that if you post pics on his site you are giving up the rights your photo's and he now has the right to use them as he feels necessary to profit from them if he likes. Which is illegal and hope I find out that he used one of mine in the future
 

swoop1156

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The thing about those particular pictures, is at the time those were taken, they were not posted on the Internet anywhere. They were emailed to Rigid only. They are the only ones that have my permission to use them.

I'm not a lawyer. This is what I've just known from being around.

Now, that they're posted online -- perhaps there are different laws and technicalities -- but last I knew and read; they're MY pictures that I took with MY camera on MY time. Nobody can take that from you and claim the pictures as THEIRS.

Further legal babble after that and I'd have to get a heavy-hitter in here and find out.
 

CineSLR

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You can get BIG money for people stealing your photos. There are lawyers that do nothing but this sort of thing. Things really add up because they owe you per use/view when going to print/web/tv. What people don't realized is that other people rely on those images to make a living, provide for their families etc. Would you think twice about suing someone that broke into your work and made copies of whatever it is your making? The problem is that the digital era has made it too easy to copy/hack/steal things so people are going to do it. Now we are so used to stealing things online that people don't even realize it as stealing. You can be sued for every image, movie, song or program on your computer you didn't purchase. Unless of course you can prove that the original owner either surrendered his ownership, or gave you permission to make that copy. You do have to read the fine print now-a-days when uploading to sites such as Facebook, Flickr etc because sometimes they strip you of those rights in their user agreements. In this case you sent an original so unless they went online and took it from a site that has stripped you of your rights, your good to go. *chances are they didn't because print requires more than 3 times the resolution of a screen/web

If you want help I can get you in touch with some of the top copyright lawyers in the country. My business partner is in the middle of a huge lawsuit with a scum bag who blatantly stole images he never paid for, then had the balls to go onto my buddies website and steal images he didn't even take for him. I'm generally not inclined to sue, but this guy is an easy exception and owes a lot more people than my friend.
 
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swoop1156

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Oh geez, nice info!

Nah, I'm not interested in anything of that sort if your offer was directed toward me in some fashion. I'm cool with the truck being in a magazine advert for Rigid as I sent them pictures for them to use.

Nope, no problem from me!
 

swoop1156

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I went to three different stores and we only have the May issue... :(

I'll go again next week or later this week and see if I can get a copy. If all else fails, send me yours BIRDMAN.
 
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BIRDMAN

BIRDMAN

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I went to three different stores and we only have the May issue... :(

I'll go again next week or later this week and see if I can get a copy. If all else fails, send me yours BIRDMAN.

it's the june issue...wait for it.
 
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