Using my car photos w/o my permission...

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BomexS13
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'00 Toyota Celica

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ImportFan used my car photos to sell their products without my permission. What do you guys think I should do?(can't think rightnow coz I'm tired and hungry )

http://www.importfan.com/index...age=4


HailtotheSilvia
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hmmmm...that's gay

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nismofly
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and you dont even have their stuff on your car, its real gp right?

or bomex...i dont remember for sure

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Morph
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Call them up and let them know that either they pull the pic or give you some cash

BomexS13
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nismofly wrote:and you dont even have their stuff on your car, its real gp right?

or bomex...i dont remember for sure
Its bomex....

I will email them later after I eat

Graphfixz
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if you can prove without a shadow of a doubt that the car is yours( and yes, it is, I saw the pic) then yes. they owe you.

you have two choices:1) be the nice guy and say, hey get that out of there or2) say, I want a % of off every sale you make for using my car.

I am sure any lawyer would drool at the chance to represent you on this.


Chingon
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be the bad guy and take them for what they're worth...

They owe you a percentage of whatever sales they've made on those items after they used your pics.

Then with the money, get something to make it fast...

Florida240sx
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Get some free parts from them. Getting a % of every sell is goign to take too long of process.While they can just give you xxx amount of parts to make you happy and be done with it.Copy the pages now though so you got proof they did it.If they are going to pull it and be a$$es to you then you got proof and take legal action.If it was a mistake and then apoligize then let it go.Although should still get something from them.Like a free dinner to Outback.

st33f
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tell them you want an msports kit for s13 hatch sent to steve pearson 824 dekalb st bridgeport PA :P

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slydin'240
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Ya thats crap but don't the pictures have to be copyrighted? I don't really know how that works.

gepeto
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a$$. BUT it's a nice compliment to your car.

My advice:

If you know a lawyer , try to convince them to give you some money, if you don't know a lawyer, don't pay one just for that, and ask them for free stuff.

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slydin'240
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Most law offices offer free legal advise and actually some city halls also do to.

Graphfixz
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slydin’240 wrote:Ya thats crap but don't the pictures have to be copyrighted? I don't really know how that works.
hmm... good point...

Florida240sx
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Well I know you probably got a friend who is related somehow to a lawyer and ask him for abotu 5minutes of time and see what he thinks.Whther or not he would want to take or if you have any grounds to go after them for $$$ or just ability to have them take off your pic.

The Mic
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Graphfixz wrote:I am sure any lawyer would drool at the chance to represent you on this.
Not really. If the photo isn't copyrighted, all he has is the right to assert a copyright claim as the true author. So they can either provide a small caption saying "Photos provided by..." or remove the pictures.

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yeap
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I would call them and ask why they did it without your permission. If they are unwilling to give you anything for the pictures, then threaten legal action and seek representation if its really worth it to you.

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yeap
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Also start photoshopping all your car photos by puting your name on it with (C)

Graphfixz
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The Mic wrote:
Not really. If the photo isn't copyrighted, all he has is the right to assert a copyright claim as the true author. So they can either provide a small caption saying "Photos provided by..." or remove the pictures.
however, does the copyright protect the picture or the car? How can you copyright a your car? your home?

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Red coupe
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If I were you I would want something, parts, money, models whatever, but dont agree to let them just pull the picture.No import sites ever use pics of my car

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gogg
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I'm sure almost every car on that site is used without permission, so they have probably delt with this a few times before.

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onosqv
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O man, I thought they were sponsoring you or something - saw it a couple weeks or so ago, haha. I would say it's an insult since the parts they list w/ your picture are the cheapy knock off kind ($150) and you have the authentic style.

Although there is that "it has to be copyright issue," I believe you have a really good chance of getting at least something out of it because that picture is uniquely identifable as your car. There is NO mistaking that's Jay's car, haha. Furthermore, it's false advertising on their part, something you could even consult Bomex with since they sponsor you.

Yea, you should copy their website, take screenshots, consult the Google cache for back up proof. Also, you have a bunch of us for witnesses. Shoot, importfan is just down the street practically from where I work - you should drive down here personally man... haven't seen your car in a while too, hehe .

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AZhitman
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One of our moderators (Anand) has dealt with this before.

If they got the pics off NICO, it is not only a violation of Jay's rights, but ours as well, as all photos posted here become the "property" of NICO and may not be used without OURS or the owners' permission. Your sponsors actually have some rights to those pics as well.

Jay, I'd recommend a friendly phone call to the owner of ImportFan, let him know you don't want to make this ugly, but that it's not right to use pics of your car without compensation.

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90Q45blue
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My advice is to avoid using a lawyer. You're just gonna have to pay a lot of money for an uncertain victory. I suggest calling them and explaining your position and how, legally, they can't do that. I do have a couple of questions though:

1. Who took the picture? Did ImportFan take it?2. If someone other than ImportFan took the picture, then how did they get it?

Nick

The Mic
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Graphfixz wrote:however, does the copyright protect the picture or the car? How can you copyright a your car? your home?
The copyright protects the picture from infrigement. You can't copyright an actual 240sx, because you didn't make it.

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onosqv
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90Q45blue wrote:1. Who took the picture? Did ImportFan take it?2. If someone other than ImportFan took the picture, then how did they get it?
I think Jay took the picture himself.

And these pictures are posted all up in the internet, AHHAHAHAHA - that's what you get for having a hot lookin car - I like the duct tape battle scars too, haha.

No you don't need a lawyer, but you can always consult one for free . They will give you a basic gist of what is so illegal about this, then you can use that info if necessary.

And yes, like Greg was saying, since I think you are also sponsored by Bomex for your s13 (or was that just the celica) - in any case, if you are sponsored by someone for that car - that car is basically yours & sponsor's car -> bum bum bummmmmm - they better give you something.

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sixxdeuce
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I have found photos of my car on Drift Day's website a couple times, their title page last month, and on the flyer for DD24, I didnt mind tho. Eastwood has also used numerous photos of my car, they did however ask for permission and I gave it to them. Neither of the cases was to directly sell something lik ethey used your car tho, just used in their advertisements to display a product they sell with eastwood and to promote an event for DD. Take it as a compliment, thats what I did.

BomexS13
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sixxdeuce wrote: Take it as a compliment, thats what I did.
Problem is, theyre using my photos to sell knock off stuff. My kit is not fake, I wouldn't mind if theyre selling REAL bomex stuff...but its fake.

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sixxdeuce
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ahh, good point, I would be kinda pissed if my car was representing some lame knockoff company or a shady shop or somethin, been lucky so far and didnt look at it that way. That pretty much sucks then man, tell em to take that **** off

Oh, and while we are on the topic of people stealing your photos ive seen kids putting up pics of your car on their myspace pages, lol

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ForsakenTH
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^lol

ya that sux. def get them to give you some money for that

on a side not...its funny they chose to show your car with the duct tap holding the bumper together. no beef on your car or nothing (its way better then mine) but if i was a seller i would want to show a kit thats not had road damage.

Anand
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YEs, I have dealt with this. WITH Import fan too..

They stole the pictures and used them, don't know how long but to sell the knock-off bomex kits that they had.

Sorry to say, but you won't be able to do jack crap about it.

The only thing you can do is call them, (that's what I did) and talk to their person incharge of the website and demand the pictures to come off or you will be suing them. That's what I did adn the pictures came off that day.

Just ask them if want to send you some free parts in exchange for the use of the pictures... most likely they will give you the same old story taht one of the customers sent in your picture as theirs and it was not their fault...bla..bla...bla...bullcrap..

being honest, you will loose way more money trying to persue this than it is worth...so just call them and have your car pics taken off...


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