Vendor Stole My Photo

[kishg]

law maybe on speedminded's side but i still think it could have been handled differently. besides, did the owners of those cars in the pic provide written permission for the picture to be taken and displayed?

[BigD]

I don't think Aptyp's point is as asinine as some of you make it out to be. I haven't seen him say that what the website did was OK and the OP should shut up about it. All he seems to me to be saying is that this could have been dealt with much more quietly and reasonably. I don't see anything wrong with that. You don't have to automatically beat your chest about it (especially, as Aptyp points out, if you are just as guilty of the same thing or worse). Just because you have the right to do something, it doesn't mean that you must.

As far as compensation, you'll first have to prove that it's your photo. I've been to several races with friends or near other photographers and we have almost identical photographs. You'll also have to prove that they stole it from your website, and it wasn't stolen by someone else, then cropped, and this is the version they found (I've known a few people ignorantly in possession of stolen property - they just have it confiscated). And THEN you'll have to hope that they actually pay up and don't simply shut down the business and stiff you.

Alternatively - you've told them they're in violation, they took the pic down, the end. You're not metallica and they're not napster, back down, before you waste more of your time and money.

[Aptyp]

don't know about how much photoshop is enough photoshop, but

was deemed original from Associated Press image.


To bad that guy eventually went crazy and went to court while burning original works and had his attorney walk out on him.

[TheB1G Lebowski]

lol! You tell me if it's the same pic...do they resemble each other?

Guess they found the same Porche for the pic they "took". lol.

[TheB1G Lebowski]

That sucks bro. Good luck, its too bad big business cant just talk to someone and explain. They think they can ignoir and get away with out answering for thier actions. Where you at in N GA? I used to live in Hartwell/Lavonia.

[transatlantic0207]

Man that's completely different!! You have no case and I hope you have to pay eurostop's or dtmxxx legal bills...in your's there is clearly two holes above the brake ducts and in their's they're not there!

Seriously though, that's blatant and I think they should ante up and compensate you accordingly. Even though it was removed, it was still used without your expressed consent. Mistake on their part or not, the law is there for this exact reason. Good luck and please update.

[Massive Lee]

Speedminded. I am 100% with you. Good luck in your quest.

[speedminded]

it IS, but how would he prove it since everything on the car is changed.

I don't know how these things work. I guess it's up to the judge to look at both
pictures side by side huh?

lol! You tell me if it's the same pic...do they resemble each other?

[Fidhle007]

And when they deliver it two months later, it's complete and utter shit and looks like it was made by retarded monkeys...

[ck_taft325is]

Well I imagine in your scenerio, it would just benefit to go on every online forum you could and let people know they are cheap skates that wont pay/work for their own advertising, much less products and it would be best to just not deal with such a un-professional company.

Only a few steps away at that level of un-professionalism from accepting your money, not answering your calls, e-mails etc etc, and then informing you when you've got a lawyer that it's on back order and will be a "few" weeks then never delivering said product.

[LowR3V'in]

it IS, but how would he prove it since everything on the car is changed.

I don't know how these things work. I guess it's up to the judge to look at both
pictures side by side huh?

[Fidhle007]

What if they take your photo, and shop the crap out of it?
Still your property?

Yes.

[Fidhle007]

Also, and I guess this has gone over a lot of people's head here. I am not against you protecting your art-work. You did all that paper work to make a statement. Great. I don't like your action after the subsequent removal of your image with a threat of a law-suit. Yes, you should have dealt with them in a more personal manner. The fact that you made this thread for other artists not get used is great too. It's just the way acted after they deleted your image. After that, even if law is on your side, it looks like extortion to me. You want monetary compensation for use of your image for a short period of time or do you want credit for your work? Or did you want to order that set of wheels? Whatever it is that you now want, looks like blackmail. I would contact them and see if there's a civil way of working this out. What's the worst thing that can happen? You'll call your attorney and carry on with your plans. That's all I'm saying.

He never threatened to sue them, he just stated that that was an option if they didn't contact him in a reasonable amount of time. Here's the deal, this is an individual v. a company. They have money and lawyers on their side and are NOT going to jump at the chance to give away their products or profits if they don't have to. The only way to fight is to have some sort of bargaining chip and in the case of an individual it's the law, and someone who has the power to pull that law into effect, aka a lawyer.

So cut it out, we've heard enough of your incoherent ramblings for the time being.

And I didn't say anything about your car having the keys in it, I just said it was unlocked. I'm giving you the benefit of the doubt there. I'm a professional tech, do you think I REALLY need the keys to get into, start and drive an e30?

[ak-]

I;m with speedminded. It's his work. End.

[Aptyp]

Early morning server double post.