Ok i have a problem. A website was gonna give me 400 dollars for sending them 20 pics of my turbo install with their products highlighted. So i sent the photos and they never payed me. I have found that even though i dont have the photos copyrighted i still have all the rights. So what would i do to go about and solve my problem. I think im gonna go see a lawyer monday.
Bastards who stole them
Im real pissed i mean they were all like "yeah send em and we will send you a paypal transfer" and when they got the pictures they were like oh no we misunderstood you we thought the pictures were for a civic we cant giv eyou money for these so i said fine whatever. it was queer but still i got over it. Then like 3 weeks ago there was a post about a reform of their website so i checked it out and found my photos on it and i was angry needless to say. So please help i need advice im willing to take the time to um draw it out in court cause im vicious. And i hope i bring the company to their knees hhahahahha ok well just get my photos off the site and maybe some money for my pain and yeah. Thanks!!
*2012 mazdaspeed3*
Did you try to contact them again.......and again....and again? Usually if you bug the piss out of people like that or threaten legal action they'll usually cave.
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Madjack wrote:Like I said before, building an engine like ours (2.2 or 2200) is a painstaking chore , since there is so few custom made parts. It's frustrating to me too, but that's what I like about doing this engine, it's the challenge.
oh and you can't sue for pain and suffering for something like this... it's called punitive damages i believe lol
There may be something under the DMCA (Digital Millenium Copyright Act) that covers this.
im gonna try to get a phone number so i can call constantly. IE breakfast lunch and dinner. But yeah ive emailed. Appreciate the feedback. yes punitive damages! Im just frustrated.
*2012 mazdaspeed3*
well, if you have copies of the e-mails, that constitutes a binding contract. very simple, file a civil claim.
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Causa latet vis est notissima
DIY Clear 03+ Headlights
oh yeah, you will want to get a cease and desist order ASAP for them to stop the use of them
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Causa latet vis est notissima
DIY Clear 03+ Headlights
To MY understanding since you took the photos YOU hold the copyright for them, even if there is no copyright notice on the photos.
I'm not a lawyer so don't totally take my word for that... But if might be worth your time to go and talk to a lawyer about this... it might cost you a $100 or more to talk with them but I wouldn't let that site use my pictures and me get nothing in return.
What is copyright?
Copyright is the right that creators of original works have to control the copying or reproduction of their work(s).
Definition:
cop·y·right n
the legal right of creative artists or publishers to control the use and reproduction of their original works
How do I mark my work as copyrighted work?
The internationally accepted way of marking a copyrighted work is with the © symbol (Option “g” on Mac computers) + the year of creation + your name.
Example: © 2005 John Doe
Do creators own the copyright in their works?
Yes. All creators of original works automatically own the copyright in their original (personally created) works.
EXCEPTION:
In commissioned (assigned) photographic works, if the creator does not have an agreement to the contrary with the commissioner of the work, the commissioner of the work shall own the copyright in the work, once the work has been paid for.
What are my Moral Rights in a copyright work?
All creators of original works own the moral rights in their works. Moral rights include:
* The right to have your name associated with your work (credit line)
* The right to the integrity of your work – no chopping, clipping, excessive cropping or editing or cutting of the work.
Can I sell the Moral Rights in my work?
No, you can’t sell those rights. However, you can waive them which means that you won’t enforce them.
Some Clients demand that I give them both the Copyright and Moral Rights in my work. What should I do?
As the creator of the work(s), the choice is yours. If you decide that it is in your best interests to sell the copyright in your work(s) and/or waive the Moral Rights, negotiate adequate financial compensation for those rights. A fair minimum price would be 100% of the assignment fee.
._____________________________.
Causa latet vis est notissima
DIY Clear 03+ Headlights
I am in Law School and unless there is a contract then you have nothing. you can try top sue in civil court but is it worth $400 and the cost of their court fees plus if you lose you have to pay for the whole court cost. And your car isn't copy righted nor is anything you do on it. Email isn't a binding contract because you have no proof to who you were talking to and its all Hearsay in the court of law unless there was a signature attached to the email of the person you were dealing with. Take the FBI Virus scam, someone pretending to be the FBI and as soon as you open up the email, your computer get a virus, now people can't sue the FBI for someone falsifying who they really were. It could have been someone pretending to be them. Also, if you have picture posted ANYWHERE on the Internet then you aren't protected, if you don't want people using your car then put a water-marker on your pictures. My advise is suck it up, you can tell the company that you contacted a lawyer and that they need to pay you or remove them, it scares them because they know NOTHING about LAW. I have had to do it several times for my car and everyone gets their pics stolen, its part of the Internet, just like file sharing. My advise don't go to court unless you have a contract and a judge and jury can find them guilty upon reasonable doubt.
Ashley Becker wrote:I am in Law School and unless there is a contract then you have nothing. you can try to sue in civil court but is it worth $400 and the cost of their court fees plus if you lose you have to pay for the whole court cost. And your car isn't copy righted nor is anything you do on it. Email isn't a binding contract because you have no proof to who you were talking to and its all Hearsay in the court of law unless there was a signature attached to the email of the person you were dealing with. Take the FBI Virus scam, someone pretending to be the FBI and as soon as you open up the email, your computer get a virus, now people can't sue the FBI for someone falsifying who they really were. It could have been someone pretending to be them. Also, if you have picture posted ANYWHERE on the Internet then you aren't protected, if you don't want people using your car then put a water-marker on your pictures. My advise is suck it up, you can tell the company that you contacted a lawyer and that they need to pay you or remove them, it scares them because they know NOTHING about LAW. I have had to do it several times for my car and everyone gets their pics stolen, its part of the Internet, just like file sharing. My advise don't go to court unless you have a contract and a judge and jury can find them guilty upon reasonable doubt.
Oh and if you go to court, the cost for your lawyer will be well over $400 think about, this profession pays most lawyers over $120 an hour. Even if you meet with them once and they make phone calls or write a letter for your case, they charge you. I would try scaring them first and then if that doesn't work, then make a choice about whether $400 is worth it because if you sue in civil court that is all you will get and maybe court cost. And then they don't have to pay you at once, it could be setup over a 10 year span where you only get $10 a month, I have seen it done.
HERE IS WHAT I WOULD TELL THE COMPANY:
I CONTACTED A LAWYER AND THEY ADVISED ME THAT THE EMAILS THAT WERE SEND BETWEEN US WERE A BINDING CONTRACT IN THE COURT OF LAW, THEY ALSO ADVISED ME THAT IF YOU DON'T PAY ME THE AMOUNT STATED IN THE EMAILS OR REMOVE MY PICTURES FROM YOUR SITE, THAT I WILL HAVE THE RIGHT TO SUE YOUR COMPANY FOR THE COST OF THE PICTURES AS STATED IN THE EMAIL AND FOR ANY OTHER DAMAGES THAT CAME FROM YOUR COMPANY NOT PAYING FOR THE PICTURES YOU SAID YOU WOULD. NOW UNLESS YOU WANTED TO TAKE THIS TO COURT, I SUGGEST THAT YOU PAY ME THE $400 DOLLARS YOU OWE ME OR REMOVE MY PICTURES FROM YOUR WEBSITE. IF YOU DON'T COMPLY, I WILL BE FORCED TO TAKE LEGAL ACTION AGAINST YOUR COMPANY.
SINCERELY,
AND THEN YOUR NAME.
This is what I have said before and it works, most people don't understand the legal verbiage used and panic. Good luck.
Everyone i really appreciate your advise and special thanks to ashley your legal background and advice is very helpful. Oh and for ashley ive seen your cardomain page and it rocks my socks. Id like to talk to you more on aim. slmd2k3 please im me id like to discuss some things with you. Thanks everyone again!
*2012 mazdaspeed3*
you may be in law school but you don't seem to know anything about laws relative to photography.
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Causa latet vis est notissima
DIY Clear 03+ Headlights
Grimor wrote:you may be in law school but you don't seem to know anything about laws relative to photography.
Either do you if you think posting a pic on the internet is copy righted, I'm not arguing with you. I told him how to handle it. And just because I am in Law school doesn't mean I need or have to know each and every law on photography. So stop acting like a jerk, and who gives you the right to degrade someone's education because you don't agree. Grow up
JimmyZ wrote:Wow. Neutral corners, kids.
He sent those pictures to the company. They likely will be able to prove that. That implies consent. HOWEVER, lacking a signed release for the photographs, they are still the property of the photographer. That means they would be required to stop using them should he tell them to do so.
The catch is that copyright law is civil, meaning that he will have to file suit to amke anything happen. If he asks them to take down the pictures and they don't I think it will make for some pretty bad publicity in the eyes of 30K+ JBO members. SS Auto Chrome should be reminded of that.
yep if their products are for j-bodies and if he points out the over 30k members know about them taking his pics, then that could be a big enough threat because thats who they sell products to, good point
Respooled2k3
Cardomain isn't a copyrighted site for your pics, I have been in the same situation and when pics are on cardomain they are considered free game, the only thing you can do is threaten them about legal action like I said and then try to go after them for some kind of breach on contract if you can. It will be hard though. you have my email if you have any other questions Good luck man
Respooled2k3's Cardomain page were all pics that they used are located:
http://www.j-body.org/frame.php?url=http://www.cardomain.com/id/slmd2k3
Only problem with e-mailing them is that they can now visit the site and see where he was told to "pretend" like he has talked to a lawyer...
So don't bother e-mailing them about already having a lawyer haha...
Eldon Smith Jr wrote:Only problem with e-mailing them is that they can now visit the site and see where he was told to "pretend" like he has talked to a lawyer...
So don't bother e-mailing them about already having a lawyer haha...
So what the company doesn't know if he contacted a lawyer or not and either does anyone who gets involved, he knows if he did or didn't that is the point
doesnt suprise me about them , id guess alot of their stuff wasnt designed by them just copied from other companies
[quote=97cavie24ls(JDM&00s/c sedans™)]doesnt suprise me about them , id guess alot of their stuff wasnt designed by them just copied from other companies
Yeah alot of small companies do that crap
If it was me I would just spend the $100 for a lawyer for an hour... at then then you would know if there is any point in letting this go on anymore.
But that's me...
Or start searching the internet and find an ACTUAL LAW and then e-mail it to them... I searched for a couple of minutes for you but couldn't come up with anything, but hey I am also not trying to get $400 out of a company hahaha.
