err question for blake

All things Altima Coupe.
milkacaduke
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er just saw this pic on a random ebay store



did u authorize them to use that pic lol?


niztec
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ooh if he didnt...someones gonna be pissed

milkacaduke
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i was like

not trying to make a big deal out of it but i cant help to laugh

blake, ur car is like the best looking altima coupe currently out there so that ppl put it as their adds


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Hussain
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LegendRacer
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LOL i didnt know you had a ebay store goin on too!!

id message them saying very nice coupe....its mine :D

packerjd04
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Joined: Wed Mar 12, 2008 12:32 pm
Car: 2008 Nissan Altima S 2.5 Coupe

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Im pretty sure there was a post about this on general chat the other day but it dealt with some members older Z's and this website just took their cars randomly without asking. Chances are they didnt ask him and he doesnt know, but i could be wrong.

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dangeris
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ooooohhhh...someone is gonna be in trouble!!!!!!

milkacaduke
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if my car was on there, i would've call them up and say

GIVE ME FREE PARTS OR I'LL SUE U

it's almost 5 in the morning so i'm a lit bit off

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LongBeachCoupe
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wow... some serious theft right there...

POST THE LINK!id be willing to bet $500 that he didnt authorize it... and im sure stillen is going to step in here! Defend!
Modified by LongBeachCoupe at 10:17 AM 4/7/2008

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LongBeachCoupe
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After a little research... its not a little ebay store... http://www.andysautosport.com i did a search and they apparently like to browse our forums... i think greg may need to get involved... zerothread?id=326596

id hold off and not let them know about the picture theft yet actually... maybe just log all the info and start a suit without questioning them!

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adidas2go
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yea I definatly didnt authorize this, they are going to here from me in the next 10 min

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Frozer!!!
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adidas2go wrote:yea I definatly didnt authorize this, they are going to here from me in the next 10 min

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LongBeachCoupe
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if you yell foul... they will just take it down... if you file papers... they are stuck... no?

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dangeris
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LongBeachCoupe wrote:if you yell foul... they will just take it down... if you file papers... they are stuck... no?
Ahh,..the element of surprise! Gotta love it! MIght as well sit back with some and enjoy the carnage!

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Hussain
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LegendRacer
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but is it easy/possible to sue online picture theft?

they can argue lots of things such as "we didnt get it off nico, a friend sent it to us..." or "customer sent it to us" blablalblalblah

i think chances of getting some profit back from them from theft is not ganna be easy, or possible, maybe discount or free parts :D

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adidas2go
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Not trying to seek profit. If they deal with STILLEN thats fine. However, I just spoke with josh, and they didnt give them that picture, nor did they authorize it. STILLEN is the only company allowed to use my car for marketing purposes. Flat out, what Andys Autosport is doing is marketing infringment. Josh is speaking with them right now to figure out a settlement. From my personal standpoint, I don't know that Andys Autosport is a reputable company, and I dont want my car on their website if they are a shady company.

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Mr. Music
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Well, if the image is not copyrighted, then nothing can be done. On the other hand, if the image is protected under US copyright law, then the copyright owner has every right to sue for copyright infringement, although the settlement wouldn't be a very large amount. Anyhow, if you want them to take it off the website and the image is not protected, copyright it RIGHT NOW, and then you'll have some leverage.This is the form you would need to use to file for Copyright: Form VA w/ Instructions.

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08Coupe
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I have seen this happen countless times on the car forums..If you complain and they remove it then there is usually little you can do. Now if this car is sponcered by a corparation they may have some legal recorse since Andy's whatever doesn't sell Stillen products. They will probably say they googled O8 Altima Coupe and the pic popped up with no watermark or copyright trademark on it. Just remember guys when you put it on the net this $hit happens.

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adidas2go
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The picture is removed

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AZ-ZBum
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Mr. Music wrote:Well, if the image is not copyrighted, then nothing can be done. On the other hand, if the image is protected under US copyright law, then the copyright owner has every right to sue for copyright infringement, although the settlement wouldn't be a very large amount. Anyhow, if you want them to take it off the website and the image is not protected, copyright it RIGHT NOW, and then you'll have some leverage.This is the form you would need to use to file for Copyright: Form VA w/ Instructions.
Published materials are automatically protected under copyright laws. Since the web is a form of publishing, the pictures are automatically covered. No forms required.

Fair use act would allow someone to copy the image as an example, but since this company is making money off the display of the picture, it is protected.

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Mr. Music
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AZ-ZBum wrote:Published materials are automatically protected under copyright laws. Since the web is a form of publishing, the pictures are automatically covered. No forms required.

Fair use act would allow someone to copy the image as an example, but since this company is making money off the display of the picture, it is protected.
Correct, but published or not, it would still need to be registered with the Copyright office if you want it to be protected legally. Also, neither of the works show a copyright date and owner or a date of publication; which would be necessary in determining who had the picture first. A work does not need to be published for Copyright protection to begin, as copyright protection begins the moment a work is placed into a tangible form; which in this case would be taking/saving the picture, but it still needs to be registered with the Copyright office for legal protection. If the work is unregistered, and If "Andy's Auto Sport" would have registered the picture, then they would not have to take it off, and could actually sue Stillen for using their picture, although it really isn't theirs. However, thats an "if" scenario. Thankfully no legal action was necessary, and the picture was removed.

kyle@stillen
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I always find things like this extremely funny.

If you go through any automotive magazine you will see images of our cars or cars with our body kits. 9 times out of 10 we do not authorize the use of the pictures and we definitely do not authorize them to claim the body kit as their own.

It is pretty pathetic when you can't even come up with your own design and you have to blatantly steal someone else's design/show vehicle for your own use...

If you want to see something really funny, pick up a Truckin' magazine. I gaurantee you will see a STILLEN vehicle in every single companies advertisements but they will have removed our logo's.


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