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Thread: Website using pics of my car w/o permission

  1. 05-17-2005, 08:15 PM #1
    Nittanys1
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    Default Website using pics of my car w/o permission

    So I chat on a few other sites and a few weeks ago I got a PM from a friend on that site telling me that they had ran into a site that had pics of my car on the site.... http://www.spoilers.com/ge/haccord98.htm
    I never gave them any permission for them to use my car on their site, I emailed them the following:

    Hello

    I was browsing your website and come to see that your site has pictures of my car and are using them to sell your product. I didn't not authorize any use of my picture. Please contact me so we can talk about this.

    they responded:

    All the pictures on our web site are either of our own cars, cars belonging to our suppliers or our customers' cars. We do not use anyones pictures without authorization. Furthermore you are not even telling us what car and what picture you are talking about. There is nothing to talk about anymore.

    i sent back:

    o yes there is something to talk about. the pic you have from my car were not authorized to be in use on your website. The car I'm talking about is my 6th gen 4dr accord that has a black widow kit. This is my car and i am not allowing you to use it.

    they stated:

    I still don't know what picture you are talking about since you are not referring to it by our Style number. In any case, I have already answered your question, all the pictures that we have are authorized to be used by us, unless you can prove otherwise. You just saying that it is your car and we are not authorized to use it is not enough. You need to prove it. We will not respond to you anymore unless you provide proof which is acceptable by us.


    I say:

    Well it is my car and i haven't given it to any site. I have my original pictures of my car that are being used on you site and I have more from that same photo shoot. Let me know what you need to see to have proof that this car is mine. The page my car is on is this one: http://www.erebunicorp.com/ge/haccord98.htm Its the 4th car on the list the blue one.

    They never responded back....so now another friend online who works for a legal company is working on some legal stuff to send them to stop the use of the pics...he has also told me that if they will not take the pic down that I should charge a monthly or yearly fee on the use of the pics...


    SO FINALLY I'M WONDERING IF ANYONE WOULD CARE TO HELP AND WHAT COULD BE A GOOD PRICE TO CHARGE FOR THE USE OF THE PICS?



    also a few days ago someone else found that a guy on ebay is using my pics too to sell his product....links:

    http://cgi.ebay.com/ebaymotors/ws/eB...973952153&rd=1

    http://cgi.ebay.com/ebaymotors/ws/eB...973952168&rd=1

    http://cgi.ebay.com/ebaymotors/ws/eB...973952168&rd=1

    http://cgi.ebay.com/ebaymotors/ws/eB...973952178&rd=1
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  2. 05-17-2005, 10:06 PM #2
    chuck
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    shit kinda looks like a NY tag man...there are a lot of cars out there, maybe someone has the same taste...or have you posted the original picture somewhere else and they used it??
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  3. 05-17-2005, 10:12 PM #3
    Nittanys1
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    they put a fack plate on there...look at all the other cars.....I KNOW THIS IS MY CASR THERE IS NO DOUBT IN MY MIND...no one is going to have the same looking car...they even PS the rear fender out of the 2nd pic and the backgrounds of both of the pics cuz they were taken in different locations and they flipped both pics notice no gas cap where there should be one.......I have all the pics on my HD that are being used...

    the light even hits at the same places....same fogs, same ion headlight...same big brakes...same rims...same flares...same color....same mirrors...same window vents....same chrome hood strip....same sopiler....THIS IS MY CAR.....i think i have proved my point.....


    Attached Thumbnails Attached Thumbnails -front-low-jpg  
    Last edited by nittanys1; 05-17-2005 at 10:16 PM.
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  4. 05-17-2005, 11:15 PM #4
    iNsTuN nOoDoH
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    Haha that sure is your car...I don't think there's really anything you could do over that. I've seen plenty of people's cars used as advertisements. You should feel special they liked yours and used it to sell their product...
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  5. 05-17-2005, 11:17 PM #5
    Nittanys1
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    yeah but i didnt even buy anything from them...no free bees either...
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  6. 05-18-2005, 12:12 PM #6
    chuck
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    so why not show the dude that picture??
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  7. 05-18-2005, 12:15 PM #7
    Nittanys1
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    I have, they are not responding to my emails anymore
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  8. 05-18-2005, 02:21 PM #8
    Danny
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    hate to bust you bubble, but leagally cars dont need a modeling release, lol. they arnt humans. Now people on the other hand require a modeling release to be used on anything public. I could take a picture of you car and use it all day long, all you could do is waste money on a lawyer and piss me off buggin me with those emails. Of course i am known to been wronge on occasion, but i am pretty sure I am correct. i will see if i can find some legal files on that crap.
    "The 1911 is a collection of subsystems that must work together. Each part must be prepared and fit properly not only in and of itself, but also with regard to the other parts with which it must operate for the gun to function and appear as desired."
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  9. 05-18-2005, 02:25 PM #9
    Danny
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    ohh crap, sorry.. just looked at the pic u uploaded. if YOU were the photographer and you know where to find the photographer, then yes its agiants FEDERAL and INTERNATIONAL LAW for them to use your photo. sorry, i assumed they took the photos. your attachment wasnt loaded the first time and i blew right by it .. sry
    "The 1911 is a collection of subsystems that must work together. Each part must be prepared and fit properly not only in and of itself, but also with regard to the other parts with which it must operate for the gun to function and appear as desired."
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  10. 05-18-2005, 02:28 PM #10
    Julio
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    Nothing you can do ..

    Unless, you have copyrights to your pics ( wich I highly Doubt you do )

    So don't even waste your time.
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  11. 05-18-2005, 02:35 PM #11
    Danny
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    Quote Originally Posted by Julio
    Nothing you can do ..

    Unless, you have copyrights to your pics ( wich I highly Doubt you do )

    So don't even waste your time.

    If HE took the photos then he has FULL FEDERAL AND INTERNATIONAL COPYRIGHTS to them. If HE didint take the photos then hes screw and cant do anything.
    "The 1911 is a collection of subsystems that must work together. Each part must be prepared and fit properly not only in and of itself, but also with regard to the other parts with which it must operate for the gun to function and appear as desired."
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  12. 05-18-2005, 03:10 PM #12
    Nittanys1
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    yeah i took the pics...one was even in my dirveway...all the photos used were taken by me.....

    any idea on a price i could charge?
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  13. 05-18-2005, 03:20 PM #13
    Danny
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    they arnt going to pay you man. when i give full rights to a photo to someone, its expensive. I just did a shoot last week for a FRIEND and i will charge around 150-200 for 30-40 photos, and thats a friend.

    i would sit back and be glad someone likes your car, its not worth your time. you could get a lawyer to write a letter stating the federal copyright law prohibits them to use your photo, WHICH IT DOES! or you could always write them a letter and link them to the federal copyright website.
    "The 1911 is a collection of subsystems that must work together. Each part must be prepared and fit properly not only in and of itself, but also with regard to the other parts with which it must operate for the gun to function and appear as desired."
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  14. 05-18-2005, 03:24 PM #14
    Nittanys1
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    I'm not trying to make money but i am trying to get a good rate so they will not want to pay and take the photos off. I am having a friend write up all the legal mumbo jumbo.....I dont really care that they are using my pic...its just that they did it w/o asking and when i told them about it they were being asses about it.....
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  15. 05-18-2005, 03:45 PM #15
    Danny
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    you have to start with the legal stuff right from the begining. i see my photos float around everyonce in a while, ohh well... people steal, you cant get around it.
    "The 1911 is a collection of subsystems that must work together. Each part must be prepared and fit properly not only in and of itself, but also with regard to the other parts with which it must operate for the gun to function and appear as desired."
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  16. 05-18-2005, 05:07 PM #16
    civic95
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    I agree, just be flattered. It's not harming you, you have a pic in your signature. When you post a pic on the internet someone will save it. Since they have flipped the cars postion, and altered the picture, it's not even an exact duplicate of yours so there is not much you can do. You can start a legal battle, but they will just take the picture down, and then you still can't get anything out of them because the honored your request. Pics of accords with a black widow kit are not hard to find, and they will just find another.
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  17. 05-18-2005, 05:37 PM #17
    Danny
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    ^^^ yea dont waste ur time. even if the flipped the car and stuff that dose not matter, its still illegal for them to have them to use the photo. They can photo shop the image as much as they want, but so long as you can proove its you photo then its illegal.

    just dont worry about it, its not worth the wasted time.
    "The 1911 is a collection of subsystems that must work together. Each part must be prepared and fit properly not only in and of itself, but also with regard to the other parts with which it must operate for the gun to function and appear as desired."
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  18. 05-18-2005, 05:39 PM #18
    Nittanys1
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    im not wasting my time and the friennd is doing it for free....he has already came this far...I'd feel bad to stop him now....
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  19. 05-18-2005, 05:48 PM #19
    Danny
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    ok cool beans, what ever floats your boat.
    "The 1911 is a collection of subsystems that must work together. Each part must be prepared and fit properly not only in and of itself, but also with regard to the other parts with which it must operate for the gun to function and appear as desired."
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  20. 05-18-2005, 08:01 PM #20
    speedminded
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    i'm suprised i haven't seen any of my pics floating around, i don't watermark and usually only have a small sig in a corner.

    You started off ok you could have used a differant angle, say bargain from the beginning and they'd probably send you something or take it off instantly. Tell them you don't appreciate them using your pictures for their benefit unless they are willing to give you credit [showing your name & location or website, etc.] or maybe even merchandise in return.

    They simply asked what style number and you never stated it, the pics would probably be gone before you could even post this thread if had just did the one thing they asked. Sometimes you have to treat someone like a horse or dog, respectful but stern...not letting them them kick you in the balls or bite you in the nuts. They are having a field day watching you get upset over it....after you do the research, looking up the laws/codes mentioned above, tell them exactly what you want or what the consequences will be, the more direct you are the more they will take you seriously... remember grammar and spell check are your friends.
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  21. 05-18-2005, 08:04 PM #21
    Nittanys1
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    yeah talked to my friend about an hour ago and the letters and laws he has put together will be sent to them in a couple days, it is being reviewed by others at his firm...thanks

    EDIT: i send them and email with the pics in it after that they never responded back to me...my friend told me to stop emailing them and that they would get a letter in the mail from him.....
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  22. 05-18-2005, 08:15 PM #22
    Brett
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    I just dont see why you have your panties in a wad over it to be honest? Be flattered some comapny used a pic to represent them, Its not hurting you, not hurting you rcar, so if you arent in it "For The Money" as you claim, then forget about it and just enjoy the extra exposure of a car you built.
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  23. 05-18-2005, 08:18 PM #23
    Nittanys1
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    but they are selling knock off parts with the pics....not the ones that i got them from...and they took the pics and they said they didnt......when they did

    o yeah and i dont wear panties....
    Last edited by nittanys1; 05-18-2005 at 08:24 PM.
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  24. 05-18-2005, 08:18 PM #24
    Danny
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    ^^^ fo sho.... shoot the time you spent and your buddy spent and everyone in this thread has spent on this crap you could have been making some money to get some tires for them dam nice wheels you got.
    "The 1911 is a collection of subsystems that must work together. Each part must be prepared and fit properly not only in and of itself, but also with regard to the other parts with which it must operate for the gun to function and appear as desired."
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  25. 05-18-2005, 08:23 PM #25
    Nittanys1
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    too bad the wheels dont fit.....
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  26. 05-18-2005, 08:24 PM #26
    Brett
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    Email them pics of my car and tell them they can sell whatever knock off parts they want...lol
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  27. 05-18-2005, 10:22 PM #27
    Danny
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    lol// to each thier own decision... good luck bro, it what ever it is u do..
    "The 1911 is a collection of subsystems that must work together. Each part must be prepared and fit properly not only in and of itself, but also with regard to the other parts with which it must operate for the gun to function and appear as desired."
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  28. 05-20-2005, 05:11 AM #28
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    i think that if they are going to use your pic you should get some sort of deal out of it. I would just keep persuing it. I totally agree with Speedminded!

    Swifty
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  29. 05-20-2005, 09:32 AM #29
    4dmin
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    sorry man you have no recourse, the image was not copyright, watermark, nor does it seem like you have enough proof to back up yourself. next time you want to post of photos of your ride you whould atleast watermark or post a copyright b/c w/o that you are shit out of luck.

    you need to just drop it and be happy your car is being used on a site it will cost you too much in the end to pursue this and beyond that, that photo can be dr'd enough to where it won't even look like your car or they could just drop it at anytime... in the meantime you will have to pay court cost, legal fees, etc.
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  30. 05-20-2005, 09:34 AM #30
    Nittanys1
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    the papers have been writen up and they are being mailed out today.
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  31. 05-20-2005, 09:42 AM #31
    Danny
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    ^^cool beans, what stipulations are you reqiring of him?
    "The 1911 is a collection of subsystems that must work together. Each part must be prepared and fit properly not only in and of itself, but also with regard to the other parts with which it must operate for the gun to function and appear as desired."
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  32. 05-20-2005, 09:47 AM #32
    Nittanys1
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    to basically take of the pics or pay me $75 a month or get ready to goto court
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  33. 05-20-2005, 10:11 AM #33
    4dmin
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    they aren't going to pay you for that photo, one its not fair market value, and since only a portion if that is truely your photo may fall under "fair use" since there is not visible copyright nor was it registered you are going to have a tuff time trying to fight this in court unless you will have to show a liget claim to copyright for the image, and i hope your willing to shell out some $$$ for court cost cause that shit ain't free!!!

    http://www.copyright.gov/
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  34. 05-20-2005, 11:16 AM #34
    Nittanys1
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    yeah im hoping they dont pay that and take the pics down. I already got the ppl on ebay to take them off.
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  35. 05-20-2005, 12:07 PM #35
    Danny
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    Quote Originally Posted by admin
    they aren't going to pay you for that photo, one its not fair market value, and since only a portion if that is truely your photo may fall under "fair use" since there is not visible copyright nor was it registered you are going to have a tuff time trying to fight this in court unless you will have to show a liget claim to copyright for the image, and i hope your willing to shell out some $$$ for court cost cause that shit ain't free!!!

    http://www.copyright.gov/
    The fact that the person is making money off his photo automatically omits the "fair use" option.

    As far as "visable copyrights" go: that loophole was done away with along time ago.

    His liget claim to copyright will be his original full res photo (which you better have).

    Good luck man. Id probably do the same thing u are doin. Remember, sueing broke people doesnt make you rich
    "The 1911 is a collection of subsystems that must work together. Each part must be prepared and fit properly not only in and of itself, but also with regard to the other parts with which it must operate for the gun to function and appear as desired."
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  36. 05-20-2005, 12:09 PM #36
    Nittanys1
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    i have the originals but they are digital...that ok?
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  37. 05-20-2005, 12:22 PM #37
    Danny
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    ^^^ yea. Hopefully you never uploaded a full res file to the internet, if you did and that company found it, then that will just make it that much more fun. For example, i never upload a pic more than 700px wide, that way i can proove i took it becuase NO ONE besides me has the high res version.
    "The 1911 is a collection of subsystems that must work together. Each part must be prepared and fit properly not only in and of itself, but also with regard to the other parts with which it must operate for the gun to function and appear as desired."
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  38. 05-20-2005, 12:24 PM #38
    Nittanys1
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    good deal, sounds like a plan...
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  39. 05-20-2005, 12:44 PM #39
    Danny
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    id love to see a copy of the letter. [email protected] if you dont mind sharing.
    "The 1911 is a collection of subsystems that must work together. Each part must be prepared and fit properly not only in and of itself, but also with regard to the other parts with which it must operate for the gun to function and appear as desired."
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  40. 05-20-2005, 12:49 PM #40
    speedminded
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    Quote Originally Posted by Danny
    ^^^ yea. Hopefully you never uploaded a full res file to the internet, if you did and that company found it, then that will just make it that much more fun. For example, i never upload a pic more than 700px wide, that way i can proove i took it becuase NO ONE besides me has the high res version.
    ...exactly, most of mine are taken in 1280 x 960 or larger and they always get taken down to 640 x 480 with a 20 pixel border and add a small sig. Only upon request will i give someone a full size version and normally they are ones that I don't think are that impressive anyways. I don't really care, i'm not a "photographer" and my photos are not part of a business or for profit...if i see someone used one of mine then i'll just nag them until they give me credit for it...not too interested in winning the american lottery for such a petty thing.
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