Looking for legal advice

[fatboy18]

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

[FraserLFA]

Are you the first and only owner of the car? Did you put the picture on the internet somewhere?

[fatboy18]

The Graphics on the car are specific to my car only, Its 'My' actual car in the photograph.

The photograph has been taken by someone else. Its not one of my own photos.

The card is being offered at £3.99 + postage

Edited by fatboy18 on Monday 23 February 07:04

[noell35]

Pacific?

photo needed + car and custard please.

[anonymous-user]

The legal position: You've got no basis for a complaint simply because someone is exploiting a photo of your car.

A possible "in" for you: What are the "graphics" and who designed them?

Edited by anonymous-user on Sunday 22 February 22:38

[KrazyIvan]

If the pic was taken at a public event you attended, I suspect there is nothing you can do.

[fatboy18]

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.

[kman]

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.

[RobDickinson]

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.

[fatboy18]

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

[agtlaw]

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.
No.

[anonymous-user]

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.

Edited by anonymous-user on Monday 23 February 09:47

[Funkycoldribena]

fatboy18 said:

The Graphics on the car are pacific to my car

Is it a 'c' plate Opel Manta?

Edited by Funkycoldribena on Monday 23 February 02:36

[fatboy18]

Funkycoldribena said:

fatboy18 said:

The Graphics on the car are pacific to my car

Is it a 'c' plate Opel Manta?

Edited by Funkycoldribena on Monday 23 February 02:36

Now edited, bloody spell police

[blueg33]

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.
No.

Surely there isnt enough evidence to answer the question? If the Op took the photo that's being used then your answer could possibly be

No
Yes

?

[fatboy18]

Here's the link, As I have already said I did not take this photo.

http://www.ebay.co.uk/itm/141578278325?_trksid=p20...

[LoonR1]

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.

[CAPP0]

What did Gill-with-a-G Billington say when you approached her over this?

What did eBay say when you reported the listing?

[blueg33]

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 bit

[fatboy18]

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.

Nice attitude mate Link has been posted.
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.