Maybe I only paid attention to the thread too late...Actually SportsCar
may be using one of our photos in an upcoming issue, but of course, it
will be credited to John Kelly (it's not a very good photo, so I told
them just to credit NAP...John wasn't too thrilled; it's a face shot).
You're right; it you take a photo and someone else uses it in an
advertisement, story, they must have your permission, plus, especially
for ads, even pay a fee. Sometimes it's a bargaining chip; credit/no
money; money/no credit; or both. Pylon asks for permission and gives credit.
I don't know about your missing three rolls of film, honest.
--Pat Kelly
Phil Ethier wrote:
>
> -----Original Message-----
> From: Pat Kelly <lollipop@ricochet.net>
> To: Bill Fuhrmann <bfuhrman@isd.net>
> Cc: autox@autox.team.net <autox@autox.team.net>
> Date: Sunday, July 16, 2000 8:54 PM
> Subject: Re: SCCA article on IGN.com
>
> >In the entry form for SCCA's National event, there's a clause at the
> >bottom wherein the entrant/and car owner agree that any pictures,
> >interviews, that kind of stuff can be used by SCCA in any publicity,
> >advertising, event promotions and motion picture film. Maybe these folks
> >filled out an entry form with that kind of clause?
> >--Pat Kelly
>
> I don't think so. That means that pictures of your car that SCCA takes or
> buys or has given to them, right? They can't take my video and use it, can
> they? What are they going to do, take the film out of my camera at the
> gate? Reprint NAP photos in Sports Car? I don't think so.
>
> The Minneapolis Tribune tried that routine at a pro race ("The Tribune Grand
> Prix" or some such) they sponsored at Donnybrooke/BIR. Didn't survive a
> court challenge from other newspapers.
>
> In this case, the IGN(?) guy stole Mayhem Racing's photos from their
> website. Don't think an SCCA regional event waiver is going to allow that.
> Besides, at least some and possibly all of these photos were taken at
> Minnesota Autosports Club events, and we don do that photo-waiver schtick.
>
> BTW, what that waiver DOES cover is interviews and quotes in my stories for
> Sports Car as part of Rocky's Journalist Corps. If I was to turn over to
> SCCA my video of Gloria Carr that I used to make sure I quoted her
> accurately, SCCA could use it in a movie. But they can't make copies of
> "Phil's Big Adventure" and use parts of it for SCCA promos without my
> permission. I distributed it with a copyright notice.
>
> Which reminds me. Three copies of that film are STILL at large, and I want
> them back.
>
> Phil Ethier Saint Paul Minnesota USA
> 1970 Lotus Europa, 1992 Saturn SL2, 1986 Chev Suburban
> LOON, MAC pethier@isd.net http://www.mnautox.com/
> "If I can do it, it's not art" - Red Green
>
> >Bill Fuhrmann wrote:
> >>
> >> > All three Omni shots are of our cars. The first is me in our
> >> > rally car, second
> >> > is Mary in her now deceased GLH Turbo and third is me at the
> >> > second MAC does BIR
> >> >
> >> > event. The bad thing is that these were used without permission or
> photo
> >> > credit. Does anyone that is web literate have an opinion on
> >> > whether this is
> >> > cool or not?
> >>
> >> Definitely uncool. Also illegal unless they have acquired permission
> from
> >> the photographer or whomever the photographer has given authority for the
> >> pictures.
> >>
> >> All text and pictures (even this message) has an inherent copyright that
> >> resides with it's creator. It does not matter if there is a copyright
> >> notice or not.
> >>
> >> No one may use a copyrighted item (except for specific "fair use" reasons
> >> that this does not meet) without obtaining permission.
> >>
> >> If you are the owner of the copyright, you may have the person remove the
> >> pictures and possibly pay damages. If you did not mark the images with a
> >> copyright notice, you may not sue for damages.
> >>
> >> The best recourse would be to ask for proper credit to be given or to
> have
> >> the pictures removed.
> >
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