Image theft? Copyright inexistant-ish.

Discussion in 'Detailing Bliss Lounge' started by JoeyV, Nov 4, 2011.

  1. JoeyV

    JoeyV Welcome to Detailing

    Okay, let me explain. Phil P. on here who some of you know, owns a magnificent S13 chassis 180 SX (240SX) which we have worked on and detailed together. Now, this car is beginning to make a reputation for itself and is being seen in quite a few places/events and will be sporting my decal/logo as of next year (unless Phil changes his mind, lol). However, during the festivities of the 2011 Grand Prix here in Montreal, this car was being exposed in a booth right next to another detailer. He and a friend of his were both wearing his company's shirt, and took a picture with this car. I was not mentioned in this picture or credited for any work, so I tried to message him but facebook wouldn't let me (I'm assuming because he doesn't accept messages from people he doesn't know/people who aren't in his contacts) so I posted a comment to this picture saying, and I quote:

    He has agreed to remove the picture, and has rightfully done so, but before this, some of his "friends/facebook contacts" began giving me grief about "getting upset for nothing" and that it "wasn't intended for that purpose" and so forth.

    Comments such as:

    I would like to know if I was out of line to ask this or if I was in the right to ask for credit or having the image removed.

    Thoughts, opinions?
     
  2. cu2mike

    cu2mike DB Forum Supporter

    To be honest I think you overreacted.....
    1. This photo was captured by his camera, therefore making him the owner of the image.
    2. It's a car show, business owners are going to rock their company logo (T-shit, hats, and what not).
    3. He may have thought the car was nice, and wanted a picture with it. That's a compliment and I don't think he meant any harm.
    4. I'm assuming he didn't credit himself as the detailer of this vehicle?
     
  3. JoeyV

    JoeyV Welcome to Detailing

    I don't deny that he owns the photo, but I simply didn't want my work to be taken for his (especially since we are both in the exact same part of town, like less than 3 miles apart), which is why I didn't insist on it being removed and also offered the "giving credit."

    I don't think he meant any harm either. I just didn't want anyone to think anything false.

    He didn't directly credit himself as the detailer of this vehicle in/under this image, but this image was in a folder of his detailing page, in an album that has many images of cars he has detailed.
     
  4. bryansbestwax

    bryansbestwax DB Forum Supporter

    I have had hundreds of picture taken of me a various shows on cars that I didn't detail. I don't take credit for the cars, but I do post them up on some forums.
     
  5. cu2mike

    cu2mike DB Forum Supporter

    Ah okay. If that's the case then I'd say you didn't overreact.
    It's one thing to post pictures on FB and put it under "xxxx car show pics" then putting it in his "detailed cars" album. Definitely DID NOT overreact then lol
     
  6. Kilo6_one

    Kilo6_one DB Forum Supporter

    it is not a copyright issue.


    the only context you have legal action is if he is perpetrating that he detailed the car.
     
  7. cu2mike

    cu2mike DB Forum Supporter

    I'd say that's exactly what the guy did by putting it in his "detailed cars" album, lol
     
  8. Kilo6_one

    Kilo6_one DB Forum Supporter

    that is perception, he has to flat out say " I detailed this car" for it to stick in court......
     
  9. cu2mike

    cu2mike DB Forum Supporter

    yeah, an honest person would have made a different album with all the pictures he took that day instead of sticking it in his "detailed cars" album. That's shady
     
  10. Kilo6_one

    Kilo6_one DB Forum Supporter

    exactly...........
     
  11. Stokdgs

    Stokdgs Detail Master

    JoeyV,

    The picture is not the best picture of the car anyway. Not all of it is in the picture, the people are blocking off the entire left quarterpanel, the lighting is not really making the car look like it has absolutely perfect detailing done to it, and the framing of the picture has way too much other distracting stuff in it to be considered a really good picture of the car.

    To me, it looks like 2 people wanted their picture taken next to the car, and the photographer did just that. If the picture had been taken of just the car fully carefully framed to totally accentuate it and the people were standing by with body language to further their "ownership" of the car, then it might be a different case. I bet only a small percentage of people will even be able to tell you what year this Datsun was built, what with all the body panels on it. :)

    If this is the way these guys photograph all their work, then believe me, you have nothing to worry about - ever ! :)

    Dan F
     
  12. Frankastic

    Frankastic Detail Photographer

    Agreed with Dan F.


    You never take a picture middle of the car. Its not pleasing at all.

    watch this video

    [video=youtube;QzXbSH98C3k]http://www.youtube.com/watch?v=QzXbSH98C3k[/video]

    I tried to applied this to every picture I take
     
  13. JoeyV

    JoeyV Welcome to Detailing

    He never specified that he detailed the car, and he willingly removed the picture. He is a good detailer, but he does lack photography skills. Most of his pictures are taken like that, or are blurry etc. I spoke with him and he apologized for the inconvenience and he removed the picture.

    Stokdgs, I know this is not the best picture, but as mentioned this car has gained popularity here in Montreal and I didn't want people to think he took care of it. It's easy to tell which car it is when you know of it. Anyways, I will be going to see him in person tomorrow and make sure there are no hard feelings between us.
     
  14. Stokdgs

    Stokdgs Detail Master

    JoeyV --

    I am glad that all the hard work that you and your friend have done on the car has made it popular in Montreal !
    That is also very nice that you are going to see him and make sure things are good between you guys.
    I totally understand where you are coming from..

    Your avatar alone speaks volumes about your own mad skills ! :)

    Dan F
     
  15. Bunky

    Bunky DB Forum Supporter

    I can see your point if he was representing it as his work. However, you have little recourse if he did not pull it.
     
  16. JoeyV

    JoeyV Welcome to Detailing

    Thanks guys. I know it's kind of a muddy situation because he didn't flat out say it was hid work, but subconsciously, dumb people (and there are a lot of dumb people) could just think, "oh, nice! he worked on this car. It's awesome, he's so lucky yada yada yada". I just wanted to clear it up. I had no intentions of taking him to court or pressing charges for theft. lol I think THAT would've been over reacting. lol
     
  17. Kilo6_one

    Kilo6_one DB Forum Supporter

    I do not think he had malicious intent anyway, who knows this may be a good network situation for both of you, the world is a small place and there is not Drama in the world....... keep it out of detailing if you ask me. But if he turns out to be a total jerk, find out where he lives and "occupy" his front door step....... LOL
     

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