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  1. #41
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    Quote Originally Posted by JMFNC View Post
    bobby steele of the undead successfully sued walmart for doing something similar with a picture of him/
    calling Bobby Steele the guy from the Undead is like being "you know that guy Mick Jagger from Freejack?"

  2. #42
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    thats cool and sucks at the same time....

  3. #43
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    Unless you have a trademark on bike or the pics themselves... basically anything on the net is fair game as far as photo stock.

    All the T-Shirt guy has to do is hit up google images and save a bunch of pics for later use.

    Just ask Paul Jr.

  4. #44
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    Or Troy Lee Designs. They used Falcon as well.

    Quote Originally Posted by Punkskalar View Post
    My Photographer. I have handed this situation over to her

    She owns the rights to the photo, and is pursuing legal actions...
    Not necessarily so. If you employed her to take the pics for you, then you own the rights. If it was a "love" job, then they may be hers.

  5. #45
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    something like this happened to a friend of mine. he was in convenience store and spotted a lighter on the counter. upon closer inspection the lighter had a picture of his on it. a tattoo that he did a few years back that was on his website. they pulled the image and plastered it on a lighter never once asking his approval.

  6. #46
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    Don't listen to anyone, CALL AN ATTORNEY!! NOW!!!

  7. #47
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    I work in the graphic art/print/marketing industry (so I guess I that makes me an interwebs god right? LOL!) and I can tell you right now:
    I deal with this type of thing day in and day out. The ball is in you and your photographer's court. Get representation, get it now. I have seen this settle for any where from (in a case like this) free clothes for life to $512,800. This is touchy stuff, we have not 1, not 2, but 3 full time attorneys on staff. 1 JUST to tell us day in and day out if we can print what clients submit to us or not

  8. #48
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    Quote Originally Posted by NeoDutch View Post
    Not necessarily so. If you employed her to take the pics for you, then you own the rights. If it was a "love" job, then they may be hers.
    That's actually incorrect. Photographers always retain the rights to any photograph they take unless the copyright is specifically sold to another party. Usually when a person hires a photographer what they are paying for is the photographer's time and any subsequent prints or digital files. These are sold under a conditional-use agreement that states the photo can be used for personal uses (Hung on the wall, shown to friends, ect.) but cannot be copied, transferred, or used commercially in any way without the photographer's permission.

    It's very similar to purchasing music. You may buy a CD from an artist, and you now own that CD, but you don't suddenly own the copyrights to the songs.

  9. #49
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    So it's not actually incorrect. It entirely depends on the circumstances in which you employed the photographer.

    Back OT, I recently saw a Tee in some douchey men's boutique that had Maz Schaff's 4Q jump picture and some generic "bike races" type text plastered around it. So they're everywhere.

  10. #50
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    Have you ever employed a photographer to purchase the copyright to their images?
    Nope - no one ever does unless it's specifically for a commercial job.
    Amounts to a lot of $$$
    Ever paid any one that to take a few nice pics of your bike?
    I used to shoot editorial stuff - and my images would end up on web sites, ads - even books.
    No permission, not even a "is it ok if we use this image".
    Pretty hard to chase the C%$^'s up.
    Was a real pain in the ass.
    Cheers
    MB
    Last edited by MB; 12-08-2011 at 4:00 PM. Reason: no good one....

  11. #51
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    I don't need to employ a photographer. I can do my own thanks.

    And yes, I deal with copyright issues regularly, and have studied the regulations. Ownership of images (copyright) depends entirely on the commercial agreement between the customer and the technician.

  12. #52
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    Regardless...I would completely rock that t-shirt.

  13. #53
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    Quote Originally Posted by Jumpstart View Post
    Regardless...I would completely rock that t-shirt.
    There are plans to recreate it, with the proper branding of course

    Hugh's HandBuilt

    *Insert Image*

    HotRod Motorcycles


  14. #54
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    Contrary to popular belief. Images posted on the internet are not free reign to do with as you want and profit from them.

    Photos are automatically copyrighted unless the image has been illegally used with no response from the party that created them...then they may fall into public domain use. (kind of a grey area because you have to know that the image has been used and then not do anything about it)

    If you want to pursue it you should hire an attorney.
    Last edited by Shopshirt; 08-21-2011 at 10:27 AM.

  15. #55
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    Whatever happened with this, Hugh?

  16. #56
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    Quote Originally Posted by Punkskalar View Post
    Kinda weird, not sure whether to be flattered or not :shaking:



    Found out from another forum that the image of my XS650is now on a Nordstrom's T-Shirt for sale... And NO, that is NOT Me in the pics :laughing:

    Looks similar to this shot right??




    Didn't this happen to Falcon
    You need to get a lawyer. They are plagiarizing the image of your bike. You have legal rights in this. And money owed for shirts sold using your image without your consent. They are making probably around $35 a shirt if it's being sold at Nordstrom. Find out who makes it.

  17. #57
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    I guess Levi-Strauss is doing it with the Wizard Sleeze bike too. Fucking big corporation cunts ripping off images.

  18. #58
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    Actually Hugh, looks like it was being sold for around $38 a pop, with tax, that's around $42 out here. Multiply that by how many shirts they have sold (They have a definite and accurate amount because the skew number is recorded every time one is rang up at the register), and the multiply that number sold times $38 as the base price, and that's how much the company making the shirt fucked you out of. Might be enough to build a whole new shop. Get a lawyer ASAP.

  19. #59
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    Quote Originally Posted by Punkskalar View Post
    My Photographer. I have handed this situation over to her

    She owns the rights to the photo, and is pursuing legal actions...
    I am involved in the photography game (I am a nude model) she is the only one that has legal claim to that image. the bike is your thought and design the moment she took the picture and you allowed her to (assuming here) the picture is an image, not a motorcycle.

    Unless you have a previous trademark on that bike as an image for your business she may get some money (relatively little)

    She will have to prove she took steps to protect her copyright, allowing it to be posted all over the internet without copyright notice sorta of weakens her case.

    Just kidding about the nude model stuff.... I do however do stock photography. I go around taking pictures of shit like a big clock with a traffic jam (golden gate bridge toll booth clock) and sell it to corps or whoever wants to use it and they get license from the agency I hired.

    The people in the cars don't get anything from me but I do have to make sure they are not recognizable without a release signature.

    Personally I think the best outcome would be if they add some words to it pointing to your biz.

    I doubt Nordstrom lawyers will allow that without a settlement since that would be tantamount to admitting they did wrong. And that won't help.

    God I have been around way too many corporate attorneys.

  20. #60
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    Quote Originally Posted by Shopshirt View Post
    Contrary to popular belief. Images posted on the internet are not free reign to do with as you want and profit from them.

    Photos are automatically copyrighted unless the image has been illegally used with no response from the party that created them...then they may fall into public domain use. (kind of a grey area because you have to know that the image has been used and then not do anything about it)

    If you want to pursue it you should hire an attorney.
    Sorta right sorta wrong...

    A photographer has to take active steps to protect their copyright. For example I take a photo of your lawn mower I do own CR but if I post it on a forum don't tell folks to not post it again or copy without consent and it shows up 9 more times in the thread without admonishing the folks to cease and gain my permission that I have diluted my copyright.

    Private images without someone demanding they stop once ubiquitous in the public domain can eventually lose their status as copyrighted.

    Has the photographer before this issue written to other websites and other people demanding they stop posting it? Or given them permission? Or is this site the only place it exists?

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