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Old 10-17-2004, 01:44 PM
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My '64 Cutlass 442 in a poster??? Without my permission!!!

ok here is a short story of what i have been asking around on the car message sites.
This is off the olds message board.
Drink2mny is my screen name there.

Quote:
Well I don't know for sure if it is my car. But it is a dam close similarity.

the white car in the upper portion of the poster is a '64.
When looking at it. It seems to have a mirror on the passenger side. I haven't seen a '64 cutlass have a passenger mirror, and I have been looking into these cars for as long as I have owned mine. 10 Years..

I found this guy selling this poster on ebay it is supposed to be in a limited set of 500 made.
I will try to attach a photo of my olds in the normal picture and one with it flipped.
The flipped version looks so dam close to what is on the poster..

If it is, do any of you guys think I have a leg to stand on with going to my legal office with this.
I was still going to bid and get the poster to get a better look at it.
you can search for it on ebay by typing 64 olds poster.

The top is the original picture
then the poster
then a flipped picture of my car that I did to show how close it looks.
This picuture has been on my website since '98.. Check my sig





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Old 10-17-2004, 01:48 PM
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Are you wanting this guy to pay you for unautherized use of a picture of a car your not even sure is your car? That would be a tough one to get through the copurts. Good luck, I hope you make him pay!!!


Tazz


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Old 10-17-2004, 01:53 PM
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This is what he emailed me when I asked for a closer pic

I posted this is the olds board

Quote:
IT IS MY CAR. Flipped and added a mirror
What '64 has wipers that goes from left to right?????

This is his email to me

It was musclecars.com. Seemed like a pretty generic site. Here's a detail attached.

That isn't even a real site it goes to a car sales site..

This is where the original post is..
http://www.realoldspower.com/phpBB2/...er=asc&start=0

would you guys be pissed or just let it go???
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Old 10-17-2004, 01:55 PM
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yeah, i'm sure it (yours) is the only white cutlass in the states. maybe the world. you should go to his house and let the air out of his tires.

I'd be proud to have someone want to put my car in a poster. if i could get a free copy that is. i'd let it go for that.
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Old 10-17-2004, 02:01 PM
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Quote:
Originally posted by crazy larry
yeah, i'm sure it (yours) is the only white cutlass in the states. maybe the world. you should go to his house and let the air out of his tires.

I'd be proud to have someone want to put my car in a poster. if i could get a free copy that is. i'd let it go for that.
You know I thought about asking for a free poster.
then got upset after seeing it doesn't even look right.
The wipers the wrong way and the faked driver side mirror made with crayola.

And mine is pretty much the only 2 door post white '64 442 on the net
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Old 10-17-2004, 02:05 PM
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sounds like you have a better deal than some crappy reversed image poster. screw him. and his poster.

it is a nice looking car.

lately, i've gotten into a NO STRESS mode.( i think i'll blame it on kf.)..... don't know why, but i don't think i would stress over this. something along the line of choosing your battles....
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Old 10-17-2004, 03:39 PM
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If he's making money off it I would get a lawyer.
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Old 10-17-2004, 04:23 PM
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It's definitely your car. You can tell by the identical shading going on towards the front of the quarter panel as well as the exact match of reflections on the chrome of the front bumper. The shading could be a coincidence, but I think it would be nearly impossible to have the exact reflections on the chrome.

A picture or any other work is copyright even without the copyright (c) mark. The work must specifically state it is for the Public Domain if it is for the Public Domain. You could get him on copyright infringements. But, you are in one state and he is probably in another. Therefore, you would need one or more lawyers on the bar of both states. Then, you would have to go through the whole ordeal of building the case and it will cost lots of money.

I've been through this before with some source code to a program I wrote that was stolen, the @#$*&# took my name off the documentation and everywhere else and put his name in its place! Then, to top it off, he claimed I stole the code from him! I wanted to get my friends together and charter a bus and get the $&**(&#$*(. But, that was just as expensive as hiring a lawyer, so I just went around being a real grouch for about a year. Those who knew me knew the truth and that was the most important thing to me.

What's the best thing to do? I don't know. Maybe complain to eBay. Maybe ask for a one-time commision. Or just forget about except for being a grouch for about a year! Maybe something bad will happen to the guy (or something already has) and he will live his life in ruin...
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Old 10-18-2004, 02:51 PM
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The image is of yours, even if it is posted on every website in the world, he needs your consent to use it (especially if the use is for sale) I couldnt see what his response was back to you, but you ARE clearly in the right. I own many websites, and have had issues with people taking my images (hey isnt that how I found this website HRK?).
You have several course of action.
You can talk to him, and make him pay you for use of the image.
You can get a lawyer to write him a cease and desist about using your image for any future posters (this probably cost 200$)
You can also sue him for damages and profits for the use (this would require court and probably be the most costly.
Since the image is on Ebay, you can tell ebay that he used the image illegaly. They will hopefully shut the auction down, and you can do this anytime he trys to sell that image. (I would call ebay, and not rely on email)

It is cool that he used your car for the poster, but I understand how you'd be mad. Its one of those things you either just have to forget or go whole hog and pursue...


GLuck

I just checked out his ebay listing, and other stuff he has for sale..I also noted on your cutlass board someone else had this happen...


he also has
PLEASE NOTE: There is a "SAMPLE" watermark on the photo to discourage bootleggers. It does not appear on the print!
on his page...
What a jerk! stealin the image is okay for him, but not you!!
This seems to be his lively hood, I'd try to shut him down

Or start a campaign. using google "image" search I bet you can find the majority of pictures he is using, why not start emailing everyone he is ripping off. Start getting everyone to campaign him, I noticed that he shut down his Ebay store all ready
contact EBAY too!!

Any body that owns a car should check out his current listings
make sure this guy isnt ripping you off too!
http://motors.search.ebay.com/_W0QQg...sortpropertyZ1

Oh great! now im mad too!

Gluck

Last edited by crazygutgut; 10-18-2004 at 02:51 PM.
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Old 10-18-2004, 06:11 PM
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Wow, how can I get my car on a poster? WGASA if the guy makes a few bucks on it? I guess all the guys that go to a Super Chevy Show and have their picture show up in the magazine get their panties in a bunch and sue! Some of those pictures have 2-300 cars in them so I doubt they get releases from every car owner and Super Chevy makes a...gasp ..."profit"!
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Old 10-18-2004, 09:48 PM
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the big deal is that this guy used a photo that somebody else owned, without his premission.

If you take a photo of my car at a car show and publish in a mag without my permission thats fine (i'd want to know so I could buy the mag)

it is fine to use your own shots of somebodys car for $$

it is not fine to make a profit of someone elses photo with out cutting them in..

see the difference??


ps I actually talked to "oldskoolraj" he was severley misinformed, he is no longer.
1964 im sure if you ask him for a poster or tell him to take it down, he would...
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Old 10-18-2004, 10:02 PM
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I don't think that you have much of a case............You posted a picture on the internet..............for anyone to go ahead and download.
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Old 10-19-2004, 12:05 AM
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also in the 2 photos your car has an antenna the poster doesn't.
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Old 10-19-2004, 12:23 AM
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Ah, yes Poncho up here he may not have a case. BUT, them yanks do like to sue each other

If I were you, I'd let it go. Just knowing your car is nice enough to be even considered for a poster would be enough for this guy. That said, I'm a pretty simple guy!


bonuts
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Old 10-19-2004, 02:31 AM
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I'd say let it go. Get a free poster if possible. Be proud your car is on a poster. AND brag to your friends that your car is on a poster. Too many people sue others nowadays and that makes it rough for us that really want to stick it to somebody. LOL!!!
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