Franco's copyright issue with Speed Infinity.
#2
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Here's your question:
Just a question. In the Feb. issue of Speed Infinity, Mac Car motorsports are using a picture of my MR2 spyder in their ad. Is their anything I can do about it?
Just a question. In the Feb. issue of Speed Infinity, Mac Car motorsports are using a picture of my MR2 spyder in their ad. Is their anything I can do about it?
#4
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Your answer:
Speedoptions and the photographer who took the picture are the sole copyright owners of that photograph. According to Title 17 of United States copyright law, any reproduction of unauthorized use or transmission of said property is in violation of US copyright law without first obtaining permission or knowledge from the owner.
Basically to sum things up, you can go to court, and since you have proof that it is indeed a speedoptions photgraph, you can take the guy to court and win big dollars. However, you will be forking up $$$ (50gs) to hire a copyright attorney only to have the case go on for years and years. Most judges won't even try the case, because they have real copyright issues to defend, such as companies like (Disney) which own tons of copyrights. If I were you, I'd right a cease and desist letter explaining your rights, and if he/she does not oblige, than you have every right to go after them, because they lost their safe harbor.
Val
Speedoptions and the photographer who took the picture are the sole copyright owners of that photograph. According to Title 17 of United States copyright law, any reproduction of unauthorized use or transmission of said property is in violation of US copyright law without first obtaining permission or knowledge from the owner.
Basically to sum things up, you can go to court, and since you have proof that it is indeed a speedoptions photgraph, you can take the guy to court and win big dollars. However, you will be forking up $$$ (50gs) to hire a copyright attorney only to have the case go on for years and years. Most judges won't even try the case, because they have real copyright issues to defend, such as companies like (Disney) which own tons of copyrights. If I were you, I'd right a cease and desist letter explaining your rights, and if he/she does not oblige, than you have every right to go after them, because they lost their safe harbor.
Val
Last edited by Val; 02-18-2003 at 03:33 PM.
#5
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Originally posted by LifePlaza
For some reason I always thought you worked for a web company that cracks down on **** viewing for big corporations.
What can I do about this?
For some reason I always thought you worked for a web company that cracks down on **** viewing for big corporations.
What can I do about this?
Very funny LOL
#6
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Originally posted by Val
Very funny LOL
Very funny LOL
#7
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Originally posted by Val
Your answer:
Speedoptions and the photographer who took the picture are the sole copyright owners of that photograph. According to Title 17 of United States copyright law, any reproduction of unauthorized use or transmission of said property is in violation of US copyright law without first obtaining permission or knowledge from the owner.
Basically to sum things up, you can go to court, and since you have proof that it is indeed a speedoptions photgraph, you can take the guy to court and win big dollars. However, you will be forking up $$$ (50gs) to hire a copyright attorney only to have the case go on for years and years. Most judges won't even try the case, because they have real copyright issues to defend, such as companies like (Disney) which own tons of copyrights. If I were you, I'd right a cease and desist letter explaining your rights, and if he/she does not oblige, than you have every right to go after them, because they lost their safe harbor.
Val
Your answer:
Speedoptions and the photographer who took the picture are the sole copyright owners of that photograph. According to Title 17 of United States copyright law, any reproduction of unauthorized use or transmission of said property is in violation of US copyright law without first obtaining permission or knowledge from the owner.
Basically to sum things up, you can go to court, and since you have proof that it is indeed a speedoptions photgraph, you can take the guy to court and win big dollars. However, you will be forking up $$$ (50gs) to hire a copyright attorney only to have the case go on for years and years. Most judges won't even try the case, because they have real copyright issues to defend, such as companies like (Disney) which own tons of copyrights. If I were you, I'd right a cease and desist letter explaining your rights, and if he/she does not oblige, than you have every right to go after them, because they lost their safe harbor.
Val
#8
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Well......
Royalties are only for works that are being profited upon, such as a movie title or a film, or a screenplay.
Photos rarely get any royalties unless they are profitted upon and have mass exposure. Your case against Mac Car is strong, but it lacks substance. THe reason for this is because even if you prove that the car's pic was stolen from speedopt's site, how much money did MAC CAR make off of your image? It's really hard to prove. However, if your car has a strong celebrity status such as Schwarzennegger, you have a case to be made. The reason why I say this is because Arnold's image for T2 was used in an ad for a small car dealership in Iowa that said "I'll be back to slash prices" and had his picture and everything.
Arnold won the lawsuit and it cost him $5 mill, but cost the others 25.
So, you can scare them if you want with a cease and desist letter and let them realize what they are doing is wrong, and you won't sue if you guys meet at a compromise.
Val
Royalties are only for works that are being profited upon, such as a movie title or a film, or a screenplay.
Photos rarely get any royalties unless they are profitted upon and have mass exposure. Your case against Mac Car is strong, but it lacks substance. THe reason for this is because even if you prove that the car's pic was stolen from speedopt's site, how much money did MAC CAR make off of your image? It's really hard to prove. However, if your car has a strong celebrity status such as Schwarzennegger, you have a case to be made. The reason why I say this is because Arnold's image for T2 was used in an ad for a small car dealership in Iowa that said "I'll be back to slash prices" and had his picture and everything.
Arnold won the lawsuit and it cost him $5 mill, but cost the others 25.
So, you can scare them if you want with a cease and desist letter and let them realize what they are doing is wrong, and you won't sue if you guys meet at a compromise.
Val
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