Watermarked Photo (of mine)

[JChen]

So... A vinyl company, that will go unnamed, has taken some of my pics (of their product on my Camaro) that I've posted here and put it on their website with their watermark on it without asking my permission... I think it's pretty cool and I'm flattered, but I'm just curious if they can do that. Or, since the pics are posted on the web, they can do what ever they want?

[Sir Nuke]

IF they are using an image of YOUR car in THEIR advertising, they should have gotten YOUR permission.

[JChen]

Originally Posted by Sir Nuke

IF they are using an image of YOUR car in THEIR advertising, they should have gotten YOUR permission.

That's it!!! I'm asking for royalties. Or at least for a set of Rally Stripes.

[scrming]

Originally Posted by JChen

That's it!!! I'm asking for royalties. Or at least for a set of Rally Stripes.

Absolutely!!

[Xanthos]

Originally Posted by ontheaccount

If you did not copyright the image (in writing), it's tough to pursue.

Actually, I assume from reading the original post that he also took the pictures himself. Assuming that, it falls under intellectual copyright whether he put it in writing or not.
- X

[scrming]

Easiest thing to do is simply file a copyright infringement report with the ISP hosting their website... I had my photos removed without much hassle even though I never registered the images...

[Xanthos]

Originally Posted by ontheaccount

Intellectual copyright will net him nothing except the cost of the photograph, he cannot collect potential gain from the image unless it is a written copyright. It's hard to prove what he could have made from the photo being used. Not worth fighting in court. That's why I only post low res photos unless I do not care how they are used. I agree that his intellectual copyright has been infringed, however, the reality is he will not be able to prove any compensatory loss (except the cost of the single photo). There is a stronger case with a filed copyright. ($100,000+)

Nobody said he was trying to get any money out of them, only to prevent them from using his photos without his permission.
- X

[JChen]

I'm really not looking to make a big deal out of this (too late!) As I said earlier, I think it's pretty cool that I stumbled upon my car while browsing around on their website.

In fact, I posted said pics in a thread I created documenting my mods while loosely promoting their products along with others from other vendors.

[JChen]

Originally Posted by ontheaccount

Sounds like the OP may be seeking compensation to me. I am an artist who has fought this battle. I have had artwork published without permission and was unable to win due to lack of a contract and written copyright. Also, the OP did photograph their product. I know there are several photographers on this site that had to get permission from GM to sell calendars with their own photographs.

edit- Sorry OP, I don't mean to be so negative, just giving info from my experience. I agree you should have been asked if it was okay to use your image as a matter of courtesy, at a minimum.

Didn't you see the from my post? I'm not looking to gain from this at all. Merely curious. I appreciate all the info though.

[el ess A]

When you post anything to the web, it's considered "published" per the US Patent and Trademark Office. Thus, copyrights come into play, intellectual or otherwise, and are not required to be registered, as long as you can prove your claim. Registering only makes it easier. Doesn't matter if it's a book you wrote or a picture you took. The originating "author" is free to rent or sell his copyrighted material to anyone he/she desires, with compensetory consideration. So yes, it DOES have value, but to what extent would be the $64K question. This is where it probably wouldn't be cost effective to pursue just one image used without permission.

Obvious exceptions are for "fair use" and a commercial website will have a tough time convincing anyone of using your image without permission comes under "fair use".

[el ess A]

Originally Posted by ontheaccount

I know there are several photographers on this site that had to get permission from GM to sell calendars with their own photographs.

You make great points. But the reasoning behind GM's seeking the licensing fees was most likely because someone was wanting to profit from using GM likeness or logos or calling it a "Chevelle" or "Camaro" calander or something like that. The name belongs to GM.

In MOST instances, I have found GM and other marques very forgiving to car clubs and fan sites of their respective products limited free use of logos/nameplates. Like "Camaro5.com" or the Camaro/Chevy logos/images that are printed on flyers or letterheads announcing a club function, for example. I'm going out on a limb and figure GM didn't hammer the admin for naming royalties or for using a "bowtie" smilie in the forum icons. They COULD, but normally they don't risk biting the hand that feeds them over seemingly trivial fare. If they tighten that grip too tight, people might think badly of them and potential sales could suffer. So most car companies tend to like their fanbase and let them slide with limited use of their logos. But mind you, they watch for any misuse.

Nothing is truly "free" on the internet in most cases. Just got to be careful out there.

If you have a lawyer friend or something, pay him a couple of bucks to send the violating guy a cease and desist letter. I'll bet dime to donuts he'll take down your image.

[AlSuwaidi]

worth a try,,, maybe you will get a small gift!

[JChen]

Originally Posted by AlSuwaidi

worth a try,,, maybe you will get a small gift!

One of my side gill inserts is cracking... Hmmm... Maybe I can get a set of those...