Franco,

Why don't you just ask me for advice? Remember I work in the intellectual property field?

 

Here's your question:

Just a question. In the Feb. issue of Speed Infinity, Mac Car motorsports are using a picture of my MR2 spyder in their ad. Is their anything I can do about it?

 

For some reason I always thought you worked for a web company that cracks down on **** viewing for big corporations.

What can I do about this?

 

Your answer:


Speedoptions and the photographer who took the picture are the sole copyright owners of that photograph. According to Title 17 of United States copyright law, any reproduction of unauthorized use or transmission of said property is in violation of US copyright law without first obtaining permission or knowledge from the owner.

Basically to sum things up, you can go to court, and since you have proof that it is indeed a speedoptions photgraph, you can take the guy to court and win big dollars. However, you will be forking up $$$ (50gs) to hire a copyright attorney only to have the case go on for years and years. Most judges won't even try the case, because they have real copyright issues to defend, such as companies like (Disney) which own tons of copyrights. If I were you, I'd right a cease and desist letter explaining your rights, and if he/she does not oblige, than you have every right to go after them, because they lost their safe harbor.


Val

 

Very funny LOL

 

What can I do, I called them earlier asking who was in charge of thier advertisments in Speed Infinity. They told me it was the owner and he will be in later then they hung up. I'm going over to Rotora and Speedoptions today to discuss what our options are but I still have no idea what I can really do. Everyone has been telling me I can get royalty reimbursements (did I spell that right)for it.

 

I just want a little something in return for them using my car like that.

 

Well......


Royalties are only for works that are being profited upon, such as a movie title or a film, or a screenplay.

Photos rarely get any royalties unless they are profitted upon and have mass exposure. Your case against Mac Car is strong, but it lacks substance. THe reason for this is because even if you prove that the car's pic was stolen from speedopt's site, how much money did MAC CAR make off of your image? It's really hard to prove. However, if your car has a strong celebrity status such as Schwarzennegger, you have a case to be made. The reason why I say this is because Arnold's image for T2 was used in an ad for a small car dealership in Iowa that said "I'll be back to slash prices" and had his picture and everything.


Arnold won the lawsuit and it cost him $5 mill, but cost the others 25.

So, you can scare them if you want with a cease and desist letter and let them realize what they are doing is wrong, and you won't sue if you guys meet at a compromise.

Val

 

damn Lisa really wants a sound system for her car too

 

Hey I didn't say you couldn't try. Pm me your phone # so we can talk.

 

PM'd you my cell#

You better not post my phone # in a bathroom or something like that.