And I thougth I had rights... Of all days to figure it out...
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From: I drive way too fast to worry about cholesterol.
And I thougth I had rights... Of all days to figure it out...
Hey, guys. Helen at ProCarParts basically told me to ****-off regarding the use of my image in Truckin'. Oh, and they are going to use it next month too.
Here's what I'm talking about.
----- Original Message -----
From: "Helena L" <helenan@procarparts.com>
To: <tampasvt@tampabay.rr.com>
Sent: Wednesday, July 03, 2002 8:31 PM
Subject: Image issue
Dear Mr. Johnson,
The image we used in the September issue of Truckin' magazine is a generic image, showing a side view of a vehicle. By looking at the image, one can hardly tell the kind of vehicle it is or if any modifications were made.
We did not use any copyrighted image for the advertisement. However, in order to address your concerns, we will, as stated before, remove the truck image in future advertisement, with exception of the October issue of Truckin', which is already in production.
If this response does not satisfy you, you are fee to pursue it further.
Regards,
Helen
Procarparts.com
Here's what I'm talking about.
----- Original Message -----
From: "Helena L" <helenan@procarparts.com>
To: <tampasvt@tampabay.rr.com>
Sent: Wednesday, July 03, 2002 8:31 PM
Subject: Image issue
Dear Mr. Johnson,
The image we used in the September issue of Truckin' magazine is a generic image, showing a side view of a vehicle. By looking at the image, one can hardly tell the kind of vehicle it is or if any modifications were made.
We did not use any copyrighted image for the advertisement. However, in order to address your concerns, we will, as stated before, remove the truck image in future advertisement, with exception of the October issue of Truckin', which is already in production.
If this response does not satisfy you, you are fee to pursue it further.
Regards,
Helen
Procarparts.com
Last edited by TampaSVT; Jul 3, 2002 at 09:31 PM.
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From: I drive way too fast to worry about cholesterol.
Helen:
The image is not generic in any way. It was an artistic view of my many thousands of hours of labor and hard earned dollars. You must have no conception of what it has taken to build and promote such a tremendous vehicle, what I consider to be a work of art. Just so there is no questions going forward, the image is my original work and considered legally copyrighted. And, just because you defaced my photograph to a point that you feel is now unrecognizable, does not mean you can use it in 1/2 million
advertisements nationwide.
Maybe you should have offered to purchase the image from the beginning, like all real businesses do? I believe they refer to it as professionalism? Just for your information, you can't just use someone's original image because you want to and you can't use photos of another person's property without their permission. You must realized that both actually belong to someone.
I've already started the process even without your latest response. Taking this to the full extent that the law will certainly be my pleasure. My attorney will recontact McMullen Argus to pull the next advertisement from the October issue at your expense or be attached to the inpending suit.
Peddling import auto parts was never in my plans for the wonderful vehicle. You've taken a source of great pride and degraded it beyond even my imagination.
I don't think anyone I know would purchase parts from a company with such a lack of character.
Satisfaction pending.
The image is not generic in any way. It was an artistic view of my many thousands of hours of labor and hard earned dollars. You must have no conception of what it has taken to build and promote such a tremendous vehicle, what I consider to be a work of art. Just so there is no questions going forward, the image is my original work and considered legally copyrighted. And, just because you defaced my photograph to a point that you feel is now unrecognizable, does not mean you can use it in 1/2 million
advertisements nationwide.
Maybe you should have offered to purchase the image from the beginning, like all real businesses do? I believe they refer to it as professionalism? Just for your information, you can't just use someone's original image because you want to and you can't use photos of another person's property without their permission. You must realized that both actually belong to someone.
I've already started the process even without your latest response. Taking this to the full extent that the law will certainly be my pleasure. My attorney will recontact McMullen Argus to pull the next advertisement from the October issue at your expense or be attached to the inpending suit.
Peddling import auto parts was never in my plans for the wonderful vehicle. You've taken a source of great pride and degraded it beyond even my imagination.
I don't think anyone I know would purchase parts from a company with such a lack of character.
Satisfaction pending.
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Joined: Apr 2001
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From: IN
Helen gave you a big line of B.S. hoping that you wouldn't be inteligent enough to believe it. Boy was she wrong!!!
You have every right and a strong case in my opinion.
I have a question--- If they would have come to you and asked permission to use a picture of your truck (like they should have in the first place), would you have given them permission?
I know if my truck was as nice as yours and they actually asked or offered money, I would have let them use a picture in their ad.
BUT, since they did not ask and gave you ***** about it when you confronted them----push it as far as you can!!!!
Maybe they'll think twice the next time they decide to flagrantly use someone else's energy, money and long hours of hard work to help turn a profit.
Jason
You have every right and a strong case in my opinion.
I have a question--- If they would have come to you and asked permission to use a picture of your truck (like they should have in the first place), would you have given them permission?
I know if my truck was as nice as yours and they actually asked or offered money, I would have let them use a picture in their ad.
BUT, since they did not ask and gave you ***** about it when you confronted them----push it as far as you can!!!!
Maybe they'll think twice the next time they decide to flagrantly use someone else's energy, money and long hours of hard work to help turn a profit.
Jason
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Joined: Mar 2002
Posts: 2,464
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From: Davie, FL
Tampa...
Go all out. I for one love your truck, and I think that its VERY unprofessional of them to use your photo. I could careless if it was the BlueOval on your tailgate. It is STILL your property, and you have put plenty of hard work/time into it. Go to the fullest extent of the Law. Drain every bit out of them as you can. They deserve it. Especially with that reply to your email. Just my .02$.
-Mike
Go all out. I for one love your truck, and I think that its VERY unprofessional of them to use your photo. I could careless if it was the BlueOval on your tailgate. It is STILL your property, and you have put plenty of hard work/time into it. Go to the fullest extent of the Law. Drain every bit out of them as you can. They deserve it. Especially with that reply to your email. Just my .02$.
-Mike
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From: TEXAS
Tampa
All pictures are copyrighted.
All you have to do is prove ownership of the image prior to hers..
There is LOTS of info about copyrights on the internet
It would have been far cheaper for them to offer you an apology and a couple hundred... Now they have to up thier attorneys retainer..
Good Luck
Doug
All pictures are copyrighted.
All you have to do is prove ownership of the image prior to hers..
There is LOTS of info about copyrights on the internet
It would have been far cheaper for them to offer you an apology and a couple hundred... Now they have to up thier attorneys retainer..
Good Luck
Doug
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Posts: 4,402
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From: On the side of the Road attempting to explain 135 miles per hour
ooooooo
Helen just screwed the pooch at her employer's expense/direction...or something
Gimme a "C"............................. C!!!!!
Gimme a "U"............................. U!!!!!
Gimme an "N"........................... N!!!!!
Gimme a ..............................uh........ nevermind
Go get em Tampa!!
Gimme a "C"............................. C!!!!!
Gimme a "U"............................. U!!!!!
Gimme an "N"........................... N!!!!!
Gimme a ..............................uh........ nevermind
Go get em Tampa!!
Last edited by Speedin Bob; Jul 4, 2002 at 12:03 AM.
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Joined: Aug 2001
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From: Greater Boston
hey bob
that is the magic word!!! Oooooh to women hate that one!!!
There are alot of loop holes with copyrighting. I used to be in a band and we would go through the process of copyrighting everything, but there are loop holes. Trust me. Unfortunately I don't think Rich is gonna win any huge settlement(unfortunately), but any way to payback those bastards will work. Hitting a fly by night company like that in the wallet is where it hurts worse. Good luck Rich!!!
There are alot of loop holes with copyrighting. I used to be in a band and we would go through the process of copyrighting everything, but there are loop holes. Trust me. Unfortunately I don't think Rich is gonna win any huge settlement(unfortunately), but any way to payback those bastards will work. Hitting a fly by night company like that in the wallet is where it hurts worse. Good luck Rich!!!
