View Full Version : can they do this
raymond
16-06-08, 10:11 AM
xxxnovaxxx sent me this link as he thought it was my car that was used in this pic after we checked through my pics it is the cheek of it
if this is the actual pic he is sending out to costumers aint that breach on my copyrights or not
as he has stated that you cant breach his copyrights hmmmmm!
should i see if i can get a free pic lol
http://cgi.ebay.co.uk/VAUXHALL-NOVA-SRi-RETRO-MODERN-POP-ART-PAINTING_W0QQitemZ320256402537QQihZ011QQcategoryZ6 0438QQrdZ1QQssPageNameZWD1VQQcmdZViewItemQQ_trksid Zp1638Q2em118Q2el1247
my pic
http://i41.photobucket.com/albums/e279/DAM14N/2007_0527rubbish0186.jpg
chimp007_uk
16-06-08, 10:13 AM
he doesnt have your permission to sell it, so i'd have a polite word and in form ebaya s well.
Fecking cheek... lol
Message the seller first and ask him politely if he would refrain from using the pic of your car.
If that doesn't work, start sending him bills for royalty charges lol
you car dosn't deserve to be that colour on that link your car looks right nice in blue not purple, so id have a word with him :)
is a piccy that was hosted on here? (ie is it in the features gallery?)
if so there is some form of copyright applied to it (even if you dont have one ;) )
paul james
16-06-08, 10:38 AM
What a load of crap, makes out like he is an artist and paints these images. Lots of people do this on ebay, download some picture from google image search, load it in photoshop, slap a few quick effects on, print out. Bloody easy money, hardly art.
From memory doesnt the person who took the photograph immediately have copyright on it (same as with designs etc) so he shouldnt be able to use it without your permission. personally think that pop art image looks ****e anyway so id tell him no!
you could try reasoning with them, & if that doesn't work, we will have to bombard them with ridiculous questions & lots of them until their shop site stops working, then ask them again to remove it........
ps. andy warhol it aint
He could argue that the picture was taken from the internet and no copyright statement was present therefore it was assumed to be in the public domain.
I used to watermark most of my images with a copyright mark and my email address. That was after some weirdo nabbed a pic of my car, used it as their msn profile pic, then added me to MSN. When I queried it, they said it was their brothers car.... lol tool
go thru their feedback & send messages to anyone who bought one, asking for a royalty fee, that should stir things up...
novabex
16-06-08, 01:17 PM
Hahaha. Oh dear. You car must be THAT sexy.............
Great car e.t.c.
But my god, if someone actually pays money for a 3 second photoshop print. Then they're ****ing retarded !
Bex, can I sell photos of you on ebay?
RJ, i'l provide the 3 second PS transformation. I have skillz. Pictures please
Smurf-Xx
16-06-08, 01:40 PM
That is illegal! Try get some free sh*t from the guy!
He could argue that the picture was taken from the internet and no copyright statement was present therefore it was assumed to be in the public domain.
Nah, wouldn't get away with that. Creative works (yeah that includes a boggo photo!) are assumed to have copyright unless explicitly stated otherwise or the original author/creator has been dead for 50 years - I guess he's not seeing as he posted about it lol
novabex
16-06-08, 01:46 PM
Bex, can I sell photos of you on ebay?
Go for it, I want 50% of your profits though.
Stanley
16-06-08, 01:53 PM
Why has no one mentioned that the items for sale in the ad are ****in hideous!?!?
Completely made a stunning car look utterly gash!
novabex
16-06-08, 01:54 PM
Nothing wrong with a bit of gash stan.
Smurf-Xx
16-06-08, 01:55 PM
http://pic50.picturetrail.com/VOL453/10795479/19278196/309021248.jpg
He's talking bull sh*t!
Stanley
16-06-08, 01:57 PM
Nothing wrong with a bit of gash stan.
This is so very, very true. But in this context, its very wrong lol.
These pics equate to a big fizzy-cottage-cheese-filled gash.
novabex
16-06-08, 01:57 PM
I now have a bad image in my head cheers.
I was thinking of a nice tidy smooth gash you see. :( lol
hybridturbo
16-06-08, 02:57 PM
Ask him for something free
A local lad had his 106 rallye pictures stolen and he got 3 sets of decals sent out for nothing off the seller
raymond
16-06-08, 04:12 PM
^^^^^^
Ha ha thats what i was thinking but would i really want a pic of my car in such a terrible state that it is on that pic lol
mikey14sr
16-06-08, 04:20 PM
It's called intellectual copyright, I had a similar problem with another user off here using one of my pics to sell a similar item on e-bay, e-bay were bloomin useless as normal though.
how the **** did dave notice that that was your car lol
raymond
16-06-08, 04:23 PM
god alone knows mate as it aint something i would have noticed tbh in passing through ebay lol
NovaLad
16-06-08, 06:01 PM
Oh noes they got me 2 lol
http://i75.photobucket.com/albums/i319/MD_Crew/rockstararegay.jpg
Joke
Hmm, how can it be copyrighted if you posted the pic on a public website???
NovaLad
16-06-08, 06:17 PM
Because PNG/Novaload has some sort of copyright itself.
Righto, done a bit of reading :D
As both parties are based in the UK, you fall under UK copyright law, a few sections of which are relevant here:
Who owns a piece of work
Normally the individual or collective who authored the work will exclusively own the work. However, if a work is produced as part of employment then it will normally belong to the person/company who hired the individual.
Freelance or commissioned work will usually belong to the author of the work, unless there is an agreement to the contrary, (i.e. in a contract for service).
Assuming you took the picture, the copyright belongs to you (if not, it belongs to whomever took the picture in the first place, unless they explicitly handed copyright permissions to you OR you specifically contracted the photographer to take the picture).
When rights occur
Copyright is an automatic right and arises whenever an individual or company creates a work. To qualify, a work should be regarded as original, and exhibits a degree of labour, skill or judgement
Your (assuming you are the one who took the picture in the first place) picture is original, and required some amount of labour and judgement to create. Ergo, copyright applies to your picture.
Permission.
Legally only the copyright owner has the right to authorise adaptations and reproductions of their work - this includes the making of a derivative work.
The copyright owner is generally the creator of the original work, or it may be someone the creator has given copyright to (i.e. next of kin).
Unless you are the copyright owner of the original work, you will probably need the permission of the copyright owner before making a derivative work.
His "art" is a derivative of your picture, so it follows that he requires your permission to use it.
Restricted acts
It is an offence to perform any of the following acts without the consent of the owner:
- Copy the work.
- Rent, lend or issue copies of the work to the public.
- Perform, broadcast or show the work in public.
- Adapt the work.
The author of a work, or a director of a film may also have certain moral rights:
- The right to be identified as the author.
- Right to object to derogatory treatment.
The seller has adapted your work from the original photograph into a piece of "art".
He could challenge it as fair use, but seen as he's taken your picture without your consent, and is offering it for profit without passing on any form of royalty payments (or even mentioning you as the original author), the decision is strongly against him.
So yeah, get shirty with him lol
Hmm, how can it be copyrighted if you posted the pic on a public website???
Public display of images does not warrant free copyright.
Does it really matter? You could feel flattered that he chose your car.
MC
Well yeah, there is that lol
Well yeah, there is that lol
except the picture looks shi7e
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