What should I do? Copyright issue?

[cisco240]

I was browsing an advertiser special for sale thread on a forum and as I was looking at the hoods, I noticed that they were selling the same type that I had on my car. Then I did a double take on one of the pics and noticed that it was a pic of my car w/ the paint photoshoped out on the CF hood. WTF? Then I looked at another car they had posted (for the same style hood), and realized that that was my car too, they just photshoped it from one color to another. I checked out the companies' website, and sure enough, the same pics are on its site advertising the hood w/ my pics. I didn't even buy my hood from these guys.
I could take it as a compliment that they used my car for their ad, but I don't like the fact that they just took pics that I took of my car w/o my permission.


Here's my questions:
Is a company allowed to use my pics w/o my permission in their ads/web site?
How should I go about telling this company that they have my pics in thier ads w/o my permission?

[Mr.S14]

whats the website and pics?
I want to see this for myself
post pics of your car and the design

[axiomatik]

ask them politely to remove your pictures and use different ones instead.

[Unholy S14]

whats the website and pics?
I want to see this for myself
post pics of your car and the design

:werd: me too

[ThatGuy]

Learn how to watermark your pictures in the future.

[drift freaq]

If you post your pics on the web, without copyrighting them or watermarking them. They are fair game. Now if you posted them on web and sold them and watermarked then you could sue them for infringement. Is it worth it? Probably not.

Like axiomatic said best thing to do is to try and ask them in a quite friendly manner to remove them.

Remember though if you say you do not like your car being posted on the web, well then you lose, because you did it to. LOL

[stiizy]

^^ True that

he got a point just ask them politely to remove them...

[cisco240]

whats the website and pics?
I want to see this for myself
post pics of your car and the design

Website using my pics (http://www.extremedimensions.com/9340.html)
http://i317.photobucket.com/albums/mm389/MrBig240/95_240sxccvaderhood2.jpg

http://i317.photobucket.com/albums/mm389/MrBig240/95_240sxccvaderhood.jpg

...Remember though if you say you do not like your car being posted on the web, well then you lose, because you did it to. LOL
I didn't say I don't like my car posted on the web. I just stated that I didn't like a company using my pics for on their website w/o asking me. Besides, this company just saved money from skipping on a photo shoot, and paying for the photographer and car.

[VROOOM]

if the picture was taken at a car show then your out of luck, i know at HIN when you sign up you give them a right to photograph your car.

[Unholy S14]

ah extreme...

they have used my buddies pics too ( solo customs on here i believe )

[aziankingz]

that hood is ugly anyways..no offense of course..

[xcusememisswyn]

If you took the pictures, they are copyrighted by you. This happens as soon as you take the picture, in order to sue though, you need to register that copyright.

I'm not sure about how to do that, but I know that the picture is yours and they do need your permission.

At the least, ask them to take them down if it really bothers you, make a little legal threat if you have the balls, but I dont think its worth escalating past that.

[enkei2k]

i'm curious as to how you can tell that is your car? the rims? or the stickers? but if you want to go crazy, see if you can find a cheap lawyer and let em know what's up

[HyperTek]

happens all the time with bodykit companies.. you got a real kit and take pics,. someone knocks off the kit and uses your pics sucks.

Im not sure how photo editing affects copyright laws, lets just say you owned a picture ahd watermarked it, would laws still cover you if someone say took the pic, and extremely photoshopped it?

[k's_silvia2.0]

Damn what happened to just being flattered.
I mean c'mon its not like their making millions off that pic alone.:rolleyes:

[cisco240]

i'm curious as to how you can tell that is your car? the rims? or the stickers? but if you want to go crazy, see if you can find a cheap lawyer and let em know what's up
Rims, bodykit, sticker on windshield, angle of shot, and reflection of tree in hood on the "blue" car.
The red pic was taken at a gas station and the blue pic was taken in my driveway at home.
I've had pics of my car at carshows posted on some different website covering the shows. Not advertising a product to make money.

[aziankingz]

seriously, what is the big deal? and i totally doubt you have any leverage over what they post on their site. if you post your pic on the internet freely, expect it to be taken freely.. just be proud that they like your car (even though the ones in the pic on their site is red and blue). calm down..its the internet..dont get a heartattack over it..

[cisco240]

Nobody is having a heart attack over this. I simply wanted others' opinions on this situation.

[HyperTek]

is your hood their band??

i hate when these companies take pics of items that are NOT of their brand!

[mrmephistopheles]

ask them politely to remove your pictures and use different ones instead.

This is a very good idea.

If you post your pics on the web, without copyrighting them or watermarking them. They are fair game. Now if you posted them on web and sold them and watermarked then you could sue them for infringement.

Completely untrue. It's all a matter of usage.
If it were a simple matter of just reposting an image in a thread or some such, that'd be one thing. That falls under 'fair use'.
What's happening here is that a company is using his copyrighted image (which is an automatic thing, by the way, you don't need to register an image to have it copyrighted) in order to sell products. They're using an image outside of the parameters of 'Fair Use', and are wrong for it.
The OP *does* have legal recourse to seek compensation and damages for the unauthorized usage of his work, but in the end, a judge would declare it to be a very small amount (maybe $500 or $1000). Legal fees would nullify the settlement gained from the company.
If you were a professional photographer, your legal standing would be far stronger, but as a casual photographer it's not going to affect your livelihood.



Im not sure how photo editing affects copyright laws, lets just say you owned a picture ahd watermarked it, would laws still cover you if someone say took the pic, and extremely photoshopped it?

This is another example of the limitations of fair use. Copyrighted source materials CAN be altered and otherwise modified, then sold for profit or used in other such capacities.

By and large, this pretty much only applies to ART. A good example of this is Andy Warhol's Campbell Soup can art. The idea is that it becomes a collaboration with the original artist, but seeing as how it's generally only done with previously well-known works (think of music and remixes), it doesn't really apply in this case.

seriously, what is the big deal? and i totally doubt you have any leverage over what they post on their site. if you post your pic on the internet freely, expect it to be taken freely.. just be proud that they like your car (even though the ones in the pic on their site is red and blue). calm down..its the internet..dont get a heartattack over it..

The big deal is that a company, who has the means and ability to purchase photographs for the purpose of advertising, is now using someone else's property without paying for it, with the intent of profiting from its use.

All things considered, the OP is keeping a very level head about everything.
Yes, it is just the internet, but it's the same internet where child porn, pirated movies and music, and other such things are transferred around every day.
I have a feeling your opinion were differ if it'd been YOUR property that'd been usurped, and you came asking for advice.

Nobody is having a heart attack over this. I simply wanted others' opinions on this situation.

Well said.