Looking for legal advice
Discussion
Surfing the net I have found a Photographic image of my actual car on a Birthday / Gift card which is being commercially Sold.
The picture was not taken by me but it is my actual car. No one has contacted me asking if I minded my car being used to make money this way.
Can the seller do this without my consent?
Should I get royalties?
Thanks
The picture was not taken by me but it is my actual car. No one has contacted me asking if I minded my car being used to make money this way.
Can the seller do this without my consent?
Should I get royalties?
Thanks
I have no objection of people taking pictures of the car but if someone is making money out of them i would like to see some of that go to a charity. OK theres no number plates being shown, so I don't have a problem with that, but just wanted to know the Legal position.
There's loads of photos and Videos of my car all over the net, Google images etc, but this is the first time I have seen someone Selling the Image.
Thanks.
There's loads of photos and Videos of my car all over the net, Google images etc, but this is the first time I have seen someone Selling the Image.
Thanks.
fatboy18 said:
Surfing the net I have found a Photographic image of my actual car on a Birthday / Gift card which is being commercially Sold.
The picture was not taken by me but it is my actual car. No one has contacted me asking if I minded my car being used to make money this way.
Can the seller do this without my consent?
Should I get royalties?
Thanks
don't think but the photographer may have a case if it was not consented for the image to be used by printer/seller as the photographer in general has copyright over the image.The picture was not taken by me but it is my actual car. No one has contacted me asking if I minded my car being used to make money this way.
Can the seller do this without my consent?
Should I get royalties?
Thanks
You might have a case if your car is well known and associated with you , that these cards are somehow endorsed by you etc. In that case they would need a property release from you to use them.
That its a unique looking car certainly could give you some options but TBh if you want legal advise on this you need to go talk to a copyright lawyer.
That its a unique looking car certainly could give you some options but TBh if you want legal advise on this you need to go talk to a copyright lawyer.
RobDickinson said:
You might have a case if your car is well known and associated with you , that these cards are somehow endorsed by you etc. In that case they would need a property release from you to use them.
That its a unique looking car certainly could give you some options but TBh if you want legal advise on this you need to go talk to a copyright lawyer.
Thanks Rob, I just wondered if anyone here had any experience of this That its a unique looking car certainly could give you some options but TBh if you want legal advise on this you need to go talk to a copyright lawyer.
fatboy18 said:
Surfing the net I have found a Photographic image of my actual car on a Birthday / Gift card which is being commercially Sold.
The picture was not taken by me but it is my actual car. No one has contacted me asking if I minded my car being used to make money this way.
Can the seller do this without my consent?
Should I get royalties?
Thanks
Yes.The picture was not taken by me but it is my actual car. No one has contacted me asking if I minded my car being used to make money this way.
Can the seller do this without my consent?
Should I get royalties?
Thanks
No.
RobDickinson said:
You might have a case if your car is well known and associated with you , that these cards are somehow endorsed by you etc. In that case they would need a property release from you to use them.
That its a unique looking car certainly could give you some options but TBh if you want legal advise on this you need to go talk to a copyright lawyer.
You're talking about passing off rather than copyright infringement. That isn't going to fly unless the OP has some sort of business selling or licensing the sale of images of the car, which I am guessing he doesn't. That its a unique looking car certainly could give you some options but TBh if you want legal advise on this you need to go talk to a copyright lawyer.
Edited by anonymous-user on Monday 23 February 09:47
agtlaw said:
fatboy18 said:
Surfing the net I have found a Photographic image of my actual car on a Birthday / Gift card which is being commercially Sold.
The picture was not taken by me but it is my actual car. No one has contacted me asking if I minded my car being used to make money this way.
Can the seller do this without my consent?
Should I get royalties?
Thanks
Yes.The picture was not taken by me but it is my actual car. No one has contacted me asking if I minded my car being used to make money this way.
Can the seller do this without my consent?
Should I get royalties?
Thanks
No.
No
Yes
?
Here's the link, As I have already said I did not take this photo.
http://www.ebay.co.uk/itm/141578278325?_trksid=p20...
http://www.ebay.co.uk/itm/141578278325?_trksid=p20...
fatboy18 said:
I have no objection of people taking pictures of the car but if someone is making money out of them i would like to see some of that go to a charity. OK theres no number plates being shown, so I don't have a problem with that, but just wanted to know the Legal position.
There's loads of photos and Videos of my car all over the net, Google images etc, but this is the first time I have seen someone Selling the Image.
Thanks.
Go to charity, bks. Also bks on the whole thread. You said you found it online and have been asked for a link a couple of times. Let's have the link then. There's loads of photos and Videos of my car all over the net, Google images etc, but this is the first time I have seen someone Selling the Image.
Thanks.
fatboy18 said:
Here's the link, As I have already said I did not take this photo.
http://www.ebay.co.uk/itm/141578278325?_trksid=p20...
Ah ok, missed that bithttp://www.ebay.co.uk/itm/141578278325?_trksid=p20...
LoonR1 said:
fatboy18 said:
I have no objection of people taking pictures of the car but if someone is making money out of them i would like to see some of that go to a charity. OK theres no number plates being shown, so I don't have a problem with that, but just wanted to know the Legal position.
There's loads of photos and Videos of my car all over the net, Google images etc, but this is the first time I have seen someone Selling the Image.
Thanks.
Go to charity, bks. Also bks on the whole thread. You said you found it online and have been asked for a link a couple of times. Let's have the link then. There's loads of photos and Videos of my car all over the net, Google images etc, but this is the first time I have seen someone Selling the Image.
Thanks.
If someone like "Mission Motorsport" had asked me, or the Guys that run "The Supercar Event" I would have no objection as monies would be going to a good cause.
All I wanted was clear legal advice on where I stand, Clearly Pistonheads is not the place.
Thank you for your help.
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