[Mgs] photo on ebay

[Barrie Robinson]

I found eBay to be quite self-police-ing.    I put up my son's 
original WWII German Iron Cross and after a day they pulled it saying 
Nazi stuff they did not sell !   So they must scour through the stuff 
that is put up for sale - Quite laudable really.


At 11:54 PM 12/28/2007, The Roxter wrote:
>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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Regards
Barrie

Barrie Robinson
(705) 721-9060
http://www.britishv8.org/MG/BarrieRobinson.htm
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