Mike Duvall wrote:
> If someone is using a picture of your car there is really not much
> you can do about it. As a photographer/video producer/communication
> professor, I can tell you the following:
>
> Pros get releases just so they don't have to bother with any problems
> not because everything has a right attached to it. The right must be
> proven in court. It is unambiguous that the photographer owns the
> picture buthat might not be owned is the right to use the picture in
> some way such as copyright, trademark or endorsement.
>
> If the gentleman took a picture of your car in a public place you
> have little recourse against him. If you took the picture, you could
> ask him to stop but their isn't much of a way to stop him short of a
> suit. Ebay will tell you they would be glad to remove it if you
> provide them a court order.
>
> The closest legal cases to this kind of thing is that companies have
> tried to stop people from using pictures of their buildings. They
> loose. However - if you can show that your car in the picture
> somehow endorses the product, then you own your publicity rights. I
> used to be photographer for a worldwide construction machinery
> corporation and we never got releases from anyone except the people
> in the pictures. We did however ask the owners for permission to
> take the pictures. The pictures of the machines was not a problem.
> If the name of the company was on the machine (which we tried not to
> do anyway) then they could be considered endorsing the product.
>
> I think it is interesting he used a picture that didn't show his
> product.
>
> About all you really can do is send him an email telling him your
> uncomfortable with him using the picture. He will likely ignore you.
> If you contact ebay, they will likely say send us a court order and
> we will enforce it.
I tend to doubt this. ebay is supersensitive to these matters. Usually a simple
complaint will suffice.
-The Roxter
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