Vendors using my car without permission
12-26-12, 06:37 PM
#16
Driver School Candidate
Join Date: Dec 2012
Location: VA
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Here is a pretty good article explaining fair use laws and the ability or inability to use online images.
http://www.socialmediaexaminer.com/c...online-images/
In a nutshell:
the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.
Source: 17 USC Section 107.
http://www.socialmediaexaminer.com/c...online-images/
In a nutshell:
the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.
Source: 17 USC Section 107.
12-26-12, 08:45 PM
#18
Here is a pretty good article explaining fair use laws and the ability or inability to use online images.
http://www.socialmediaexaminer.com/c...online-images/
In a nutshell:
the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.
Source: 17 USC Section 107.
http://www.socialmediaexaminer.com/c...online-images/
In a nutshell:
the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.
Source: 17 USC Section 107.
12-27-12, 02:03 AM
#19
None of the sites are EBay, they are online stores for speed shops. I'm not exactly complaining and I am flattered that people think my car is nice enough to use on there site. The flip side of that is I don't really think the way they go about it is right.
I wil say this, I owned a shop for a while and I was a online retailer. I only sold parts that I believed in and had first hand experience with. All the photos on my site where either my studio photos or file photos from vendors. I think that is the way to do things.
I know this is a forum and things get misconstrued but I'm not a hard as*, I'm actually a really nice guy....I think anyone here that knows me can vouch for that. If I can help someone out I'm more then happy too do so.
If a vendor wants to use a picture of a car that I built and I photographed then all they should do is shoot me an email saying something like...."Hey, I love your car and I noticed you have such and such part on it, I could really use a picture to display that part for my web site. Would you mind if I used your image? If you ever need anything in the future I would be willing to repay the favor."
My ISF is on one web site showing a part that used my car to do a test fit at the shop that produces the part and I was happy to let them take photos for there web site. In exchange they gave me a great price for the first unit.
The other issue is that I almost exclusively deal with Figs Engineering when it comes to my ISF. Figs answered all my questions when I was new to the car and had no knowledge of this platform. He also supplied me with most of what I needed for my build. I choose to work with Figs because he did the leg work over the years and proved that he is knowledgable. He also took the time to guide me in the right direction and has amazing customer service. That's the kind of shop I want to give back to, Not Joe Internet dropshipping middleman that has never even stocked the part he's using my car to showcase and most likely has never dealt with an ISF for that matter.
Figs knowledge and inventory of quality, mostly in house designed and fabricated parts and my 15+years of mechanical knowledge is what built my car. If Figs Engineering wanted to use my car for anything they wouldn't even have to ask.
So, if someone want to use my cars to show off a part that's going to drop ship off there site then cool but just ask first and try to make it a two way street. I just think that anyone that owns a shop or store should know how to conduct business in a courteous manner. On top of that I just hate vendors that feed off of other peoples hard work and sell things they have no clue about because someone else made it easy for them. Sure, it's smart and it's just business and all that but it's surly not the way to get my business.
On a side note, is it fair that if you put images on a forum of your peers (that all need a user name and password to enter) to show them what cool thing you did to your car you have to worry about how it might be used? Not really but I guess it's the way of the world, right?
Also, I won't be bringing charges on anyone over such a minor thing
I just wanted some input because I never really had this happen to me before and suddenly it's happened a few times. I think it has to do with the fact that I was never very active on forums in the past so all my pictures where from shows.
I wil say this, I owned a shop for a while and I was a online retailer. I only sold parts that I believed in and had first hand experience with. All the photos on my site where either my studio photos or file photos from vendors. I think that is the way to do things.
I know this is a forum and things get misconstrued but I'm not a hard as*, I'm actually a really nice guy....I think anyone here that knows me can vouch for that. If I can help someone out I'm more then happy too do so.
If a vendor wants to use a picture of a car that I built and I photographed then all they should do is shoot me an email saying something like...."Hey, I love your car and I noticed you have such and such part on it, I could really use a picture to display that part for my web site. Would you mind if I used your image? If you ever need anything in the future I would be willing to repay the favor."
My ISF is on one web site showing a part that used my car to do a test fit at the shop that produces the part and I was happy to let them take photos for there web site. In exchange they gave me a great price for the first unit.
The other issue is that I almost exclusively deal with Figs Engineering when it comes to my ISF. Figs answered all my questions when I was new to the car and had no knowledge of this platform. He also supplied me with most of what I needed for my build. I choose to work with Figs because he did the leg work over the years and proved that he is knowledgable. He also took the time to guide me in the right direction and has amazing customer service. That's the kind of shop I want to give back to, Not Joe Internet dropshipping middleman that has never even stocked the part he's using my car to showcase and most likely has never dealt with an ISF for that matter.
Figs knowledge and inventory of quality, mostly in house designed and fabricated parts and my 15+years of mechanical knowledge is what built my car. If Figs Engineering wanted to use my car for anything they wouldn't even have to ask.
So, if someone want to use my cars to show off a part that's going to drop ship off there site then cool but just ask first and try to make it a two way street. I just think that anyone that owns a shop or store should know how to conduct business in a courteous manner. On top of that I just hate vendors that feed off of other peoples hard work and sell things they have no clue about because someone else made it easy for them. Sure, it's smart and it's just business and all that but it's surly not the way to get my business.
On a side note, is it fair that if you put images on a forum of your peers (that all need a user name and password to enter) to show them what cool thing you did to your car you have to worry about how it might be used? Not really but I guess it's the way of the world, right?
Also, I won't be bringing charges on anyone over such a minor thing
I just wanted some input because I never really had this happen to me before and suddenly it's happened a few times. I think it has to do with the fact that I was never very active on forums in the past so all my pictures where from shows.
12-27-12, 10:48 AM
#22
So to summarize, just send the "offenders" an email either asking them to take the pics down, or maybe asking them for a freebie or hookup in exchange for using your photos. But if the question is whether or not you have any valid legal recourse for misappropriation of your intellectual property or images, the answer is no, not really.
just messing there amazing pictures GTR
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