Import Fan using my car pics without my permission
Registered User
Joined: Aug 2005
Posts: 189
Lots of misninformation here...
This is how copyright law actually works. Any photo you take is automatically copyrighted. Nobody can use it (aside from 'fair use' which is beyond our current discussion - suffice it to say that using the picture to sell something is definitely not 'fair use') without your permission.
However, in order to bring suit against someone for using an image without permission, you first have to register the copyright with the USPTO, which costs about $30. Typically, this makes the suit itself a slam-dunk: the registration means that you own the photo, they were using it without permission, and all that's left is to argue damages. Unless, of course, they contest the copyright, in which case you have to prove that you took the photo in the first place. Having the original, full-resolution version is a good start, as is proving that you own the car itself.
Seems like a lot of work, eh?
This is how copyright law actually works. Any photo you take is automatically copyrighted. Nobody can use it (aside from 'fair use' which is beyond our current discussion - suffice it to say that using the picture to sell something is definitely not 'fair use') without your permission.
However, in order to bring suit against someone for using an image without permission, you first have to register the copyright with the USPTO, which costs about $30. Typically, this makes the suit itself a slam-dunk: the registration means that you own the photo, they were using it without permission, and all that's left is to argue damages. Unless, of course, they contest the copyright, in which case you have to prove that you took the photo in the first place. Having the original, full-resolution version is a good start, as is proving that you own the car itself.
Seems like a lot of work, eh?
Thread Starter
Registered User
Joined: May 2005
Posts: 320
From: Loma Linda, CA
Originally posted by PNG
Having the original, full-resolution version is a good start, as is proving that you own the car itself.
Seems like a lot of work, eh?
Having the original, full-resolution version is a good start, as is proving that you own the car itself.
Seems like a lot of work, eh?
As for proof, can i just drive the car there...is that good enough?
Registered User
Joined: Aug 2005
Posts: 189
Well, if you don't have the original picture, you're more or less screwed. You have no way to prove that the picture they're using was taken by you - They can argue that they took it themselves, or it was taken by a third party that gave them permission to use it.
A lot of people have this (mistaken) idea that others can't take or use pictures of their cars without permission, but that's totally untrue. If your car is sitting at the curb, or otherwise out in public, it's fair game.
The exception to this would be if you were a well-known builder, and somebody took a picture of your car and used it to promote a product through misrepresentation; in other words, like an endorsement. Then there would be "right of publicity" issues, but it still wouldn't be a copyright or trademark case.
A lot of people have this (mistaken) idea that others can't take or use pictures of their cars without permission, but that's totally untrue. If your car is sitting at the curb, or otherwise out in public, it's fair game.
The exception to this would be if you were a well-known builder, and somebody took a picture of your car and used it to promote a product through misrepresentation; in other words, like an endorsement. Then there would be "right of publicity" issues, but it still wouldn't be a copyright or trademark case.
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Daunttless
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Feb 25, 2002 11:20 PM
