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My Cobra on merchandise?????
Quick question. I was surfing the web last night & found a website that had taken pictures of some cars at a car show I attended. My Cobra is one of them.:eek:
The website sells these pictures as well as puts the image on lots of items such as mugs, tee-shirts, fridge magnets, key fobs, etc.... I know pictures are taken at car shows and can be for personal use but I was just curious if they could be used for profit. I don't want to sue anybody, just curious. Can anybody shed some light on this for me? Thanks, Randy |
Randy,
I don't know the law about that, but I think they are in the wrong. When I had my Cobra they had a stand at one car show I was in that would take a picture of your car and put it on T-Shirts or jackets, but you had to prove that the car was really yours and they wouldn't use any picture that you had taken. I was told that was to make sure that the car I was having them put on a T-Shirt is really mine and to protect them from any legal problems. Also when I went to the Convention Center I went in and asked them if I could use the building as a background to take a few pictures of my car. After verifying that they were just for my personal; use, they told me to take all I wanted. Ron ;) |
Ron,
I kind of think they should have asked permission to do it, although I'm looking at it as a compliment. Thanks for the input. |
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You think there is money to made here? Come on... Profit margins are probably razor thin. Licensing would be what, a nickel per item, if that? They'd have to be selling a LOT of mugs/T-shirts with your car's picture on it to be meaningful. I don't think the market for pictures of a Cobra on a T-shirt or mug is large enough for it to be worth your time.
I'm with Juggernaut: Take it as a compliment. DD |
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as i understand it.... the photographer 'owns' the photos, and can do what he likes, without permission. I don't think you have a right to the pics, Randy, but i wouldn't be surprised if Shelby licensing had a problem with it!
i guess just enjoy the products with your car, and maybe they'll give you a free tshirt. :) the best way to avoid this, is to post signs, guard the car with 'no photos' of my car, kinds of comments. oh well! :) Kristen |
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Contact the site, maybe they will comp you a mug or Tee?
I would say take it as a compliment as they won't retire on those pics..... |
Like I said when I posted this, I was just curious, I'm not out for any compensation.
I've had pictures taken of the car at another show and they used it on their website to promote their next car show, I took that as a compliment as I do this. But I might ask them for a free mug!:3DSMILE: Thanks for the replies! Randy |
Nope they can't use them without a release (they're profiting off the image of your property)...
The only exception to this is news publications. (sort of) Personally, to me it's just bad manners to not at least ask. |
Once you choose to put your car in a show...
I think you can't go putting signs all over it or around it saying "No pictures."Most guys making t-shirts, coffee mugs & stuff will just obscure your front license plate so it might be hard to prove your red 427 Cobra is the one on the cup or shirt.
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Heh, heh, well, the cost of the "no photos" sign would by far outweigh any "profit" available from mug and T-shirt sales...
Let car enthusiasts take their pictures. All of us here should be proud to own something worth taking a picture of. |
like i said, the photographer owns the photos. :) He SHOULD ask permission, but i've never told anybody they couldn't take a photo. They're mostly amateurs at shows anyway. A professional photographer? Guess he could ask, and most would, but he can sell the product all day long with your pic.
Definitely Randy, it is truly a compliment! That's the way i would look at it, too. ;) We had a DFW meet a few months ago, and a guy that 'seemed pro' came wandering up. I bet he took a couple of hundred of photos! up close, all around, and then while we went in the restaurant to eat, i guess off he went. I'm sure he didn't ask or get anybody's permission to publish pics of our cars. Not required, just ethical, in my book. Your car looks great and deserves all the photo ops it gets! :D have a great summer, and have fun at Tulsa. :) K |
And that guy has never contacted me about the photos! Argh!
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Just out of respect, the photographer should have asked permission. From my understanding of copyright laws, unless you have a copyright, or patent, anything is pretty much open. Except for a pic of a person. Lots of gray areas. Just ask Shelby and his lawyers! I do some "unusual" art, and have asked a car owners okay before I would use their image purely out of respect.
Paul |
Didn't Miss California have this problem?:JEKYLHYDE
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Interesting question....we need the opinion of a copyright attorney! **) |
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