Ford owns your pictures if it is a Ford?

[waggy]

i really don't see the problem with this. they were takeing pictures and trying to profit off someone else's work. they can't do that.

i have no trouble with ford telling them to knock it off.

 

[toekramp]

Originally posted by: waggy
i really don't see the problem with this. they were takeing pictures and trying to profit off someone else's work. they can't do that.

i have no trouble with ford telling them to knock it off.

the work is taking the photo. if i take a photo of a sunset over a house and then sell it, can an architect sue me for taking a photo of a product he created?

 

[JulesMaximus]

Originally posted by: SoulAssassin

Originally posted by: Ns1

Originally posted by: SoulAssassin

Originally posted by: BladeVenom

Originally posted by: SoulAssassin
The problem is that they are attempting to sell the calendar for a profit. They are using the Ford trademark and making money off of it. No can do. I'm a big supporter of freedom and fair use (note the EFF link in the sig) but they are making money on other people's work.

If you think that, then all photography should be banned for copyright infringement except for outdoor nudes.

You obviously don't understand the concept of fair use. Also, it's trademark infringement not copyright infringement. If you don't understand the difference I suggest you look it up.

So on a similar note, do companies like maxim, cnet, C&D, consumer reports, etc., pay companies $$$ everytime they review their product?

They ARE taking pictures of the products, and then selling their magazines.

They have an agreement with the companies permitting them to do so. Seriously.

Let me put it in geek terms. The New England Patriots logo is a trademark of that organization. The Madden football games have licensed that logo from the NFL or NFLPA or whatever. Ignoring the exclusive deal EA has, you or I can't make a football game including the Patriots logo and sell it for a profit. I could make a custom Patriots wallpaper and upload it to various sites for free but I couldn't legally take that wallpaper and sell it for 50 cents a download.


How Do You Know If It's Fair Use?

There are no clear-cut rules for deciding what's fair use and there are no "automatic" classes of fair uses. Fair use is decided by a judge, on a case by case basis, after balancing the four factors listed in section 107 of the Copyright statute. The factors to be considered include:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes -- Courts are more likely to find fair use where the use is for noncommercial purposes.
2. The nature of the copyrighted work -- A particular use is more likely to be fair where the copied work is factual rather than creative.
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole -- A court will balance this factor toward a finding of fair use where the amount taken is small or insignificant in proportion to the overall work.
4. The effect of the use upon the potential market for or value of the copyrighted work -- If the court finds the newly created work is not a substitute product for the copyrighted work, it will be more likely to weigh this factor in favor of fair use.

So, you're going to tell me that all those calenders I see for sale at the mall are paying royalties to Ferrari, Lamborghini, the owner of someone's prized mutt? How about a picture of a building?

What if I'm in the business of modifying cars and I take pictures of customer cars that I have modified and, with their permission, use them to promote my business? This is a very common practice. Is Ford going to go after those business owners too?

I'd say that once the car is sold, images of it become public domain and the rights belong to the owner of the car if anything. Hell, if I snap a picture of Britney Spears drunk off her ass I can sell it to the media with no permission from her.

This is total bullshit and it's only going to generate negative publicity for Ford...which they definitely don't need. I remain skeptical of this entire story, there is no way the brass at Ford is this stupid.

 

[her209]

Originally posted by: toekramp

Originally posted by: waggy
i really don't see the problem with this. they were takeing pictures and trying to profit off someone else's work. they can't do that.

i have no trouble with ford telling them to knock it off.

the work is taking the photo. if i take a photo of a sunset over a house and then sell it, can an architect sue me for taking a photo of a product he created?

God will not be happy.

 

[RaiderJ]

Originally posted by: Zenmervolt

Originally posted by: SoulAssassin
The problem is that they are attempting to sell the calendar for a profit. They are using the Ford trademark and making money off of it. No can do. I'm a big supporter of freedom and fair use (note the EFF link in the sig) but they are making money on other people's work.

I'm glad that someone understands here.

ZV

I'm going to have to agree with these guys. This isn't just "taking a picture of your truck".

 

[SoulAssassin]

Originally posted by: JulesMaximus

So, you're going to tell me that all those calenders I see for sale at the mall are paying royalties to Ferrari, Lamborghini, the owner of someone's prized mutt? How about a picture of a building?

Ferrari and Lamborghini, yes. I doubt someone has a trademark on the likeness of their dog. The building is possible. Something like the WTC or the Empire State building they probably do have trademark on.

This is total bullshit and it's only going to generate negative publicity for Ford...which they definitely don't need. I remain skeptical of this entire story, there is no way the brass at Ford is this stupid.

I agree that it will generate negative press for Ford. They certainly can enforce the law and prevent these guys from selling the calendar. The question of whether they should is a completely different thing. Is the "damage" to their image of a Mustang car club selling calendars with images of their cars on it going to hurt their bottom line? Certainly not, even if everyone who bought a calendar from the club had planned to buy an official ford calendar and changed their mind it still wouldn't make a difference.

 

[Rubycon]

If I take a picture of an Intel processor they'd say the same.

 

[MmmSkyscraper]

If I was unfortunate enough to own a Ford, I wouldn't be taking pictures of it.

 

[Engraver]

What is they censor everything on the car except whatever aftermarket crap they put on it?

Like this.

 

[MmmSkyscraper]

Originally posted by: Engraver
What is they censor everything on the car except whatever aftermarket crap they put on it?

Like this.

ZOMG, retro 8-bit paint job!

 

[Miklebud]

They even said that Ford owns the Logo of the Black Mustang Club. I see some BIG issues there.

 

[JeffreyLebowski]

Originally posted by: SoulAssassin

Originally posted by: BladeVenom

Originally posted by: SoulAssassin
The problem is that they are attempting to sell the calendar for a profit. They are using the Ford trademark and making money off of it. No can do. I'm a big supporter of freedom and fair use (note the EFF link in the sig) but they are making money on other people's work.

If you think that, then all photography should be banned for copyright infringement except for outdoor nudes.

You obviously don't understand the concept of fair use. Also, it's trademark infringement not copyright infringement. If you don't understand the difference I suggest you look it up.

Well by Fords definition, then if I were to try and sell the car and put a picture of it in the newspaper, i would be violating their trademark.
Great Move Ford. You're hemmoraging money and now you piss on the people that buy your products. Makes me glad I chose the Chevy pickup I got yesterday over the Ford.

 

[jjones]

Originally posted by: lokiju
Well to take pictures is one thing but there will be money exchanged for the calenders in question and thats where the issue really is I'm sure.

That's the first thing that popped into my mind. They should work out some kind of donation process which nets you a free calendar.

 

[JeffreyLebowski]

The website listed should sue based on racial profiling because they are the "Black" Mustang Club. That will shut Ford up real quick. I know the club is about black colored cars, but once that gets out to the mainstream press it will be twisted more than a pair of long johns in a tornado.

 

[waggy]

Originally posted by: JeffreyLebowski

Originally posted by: SoulAssassin

Originally posted by: BladeVenom

Originally posted by: SoulAssassin
The problem is that they are attempting to sell the calendar for a profit. They are using the Ford trademark and making money off of it. No can do. I'm a big supporter of freedom and fair use (note the EFF link in the sig) but they are making money on other people's work.

If you think that, then all photography should be banned for copyright infringement except for outdoor nudes.

You obviously don't understand the concept of fair use. Also, it's trademark infringement not copyright infringement. If you don't understand the difference I suggest you look it up.

Well by Fords definition, then if I were to try and sell the car and put a picture of it in the newspaper, i would be violating their trademark.
Great Move Ford. You're hemmoraging money and now you piss on the people that buy your products. Makes me glad I chose the Chevy pickup I got yesterday over the Ford.

wrong. you can take a picture of your ford mustang for use to sale the vehicle. that is legal. but you can not take pictures of ford mustangs to have a mustang calander for sale.

you may not understand that there is a diffrence but there is.

IF you don't think chevy, honda,Toyota etc wouldnt do the same you are nuts.

 

[Aharami]

1. So the poporatzi can take pictures of me or a celeb and they cannot benefit, but I cannot take a picture of my car??

2. So if the cops photograph me for speeding... I can now get them sued for copyright infringement?

What is this world coming too....

Dear Ford Legal Department,

What the fuck are you one about, and why the fuck are these people listening to your shit. Fuck Ford, go and sell you calendar and tell them to stick it up there arse. Then stop buying there cars because they're wankers...

Sue me you wankers... Come on I dear you....

some of the comments are priceless

 

[Greenman]

Ford may also have an exclusive contract with a publisher that requires them to take action.
While I think the whole thing is rather stupid, the fact is that the car club was starting on a commercial venture.

 

[OdiN]

Originally posted by: SoulAssassin
The problem is that they are attempting to sell the calendar for a profit. They are using the Ford trademark and making money off of it. No can do. I'm a big supporter of freedom and fair use (note the EFF link in the sig) but they are making money on other people's work.

Are they selling it for a profit - or are they simply selling it at cost?

I would think a forum like this they would sell at cost.

 

[Aharami]

i understand the whole making money off the pictures issue. But shouldn't Ford go after every autocross and racing clubs that hold racing events with monetary prizes since chances are a Ford owner might win and thus use Ford's product to make money? Shouldnt Ford go after every general contractor who uses a Ford pickup as his business vehicle?

 

[mugs]

Originally posted by: Aharami
i understand the whole making money off the pictures issue. But shouldn't Ford go after every autocross and racing clubs that hold racing events with monetary prizes since chances are a Ford owner might win and thus use Ford's product to make money? Shouldnt Ford go after every general contractor who uses a Ford pickup as his business vehicle?

Obviously you don't understand the whole making money off the pictures issue.

 

[I Saw OJ]

Where I can sort of see where Ford is coming from, I think giving your most LOYAL fans a break is warrented here. I'm sure most of the Ford owners on that site, that isnt their first Ford product, however after this, it might be their last.

Is it legal what Ford did? Probably
Was it shitty? Yes, quite.

 

[mugs]

Originally posted by: I Saw OJ
Where I can sort of see where Ford is coming from, I think giving your most LOYAL fans a break is warrented here. I'm sure most of the Ford owners on that site, that isnt their first Ford product, however after this, it might be their last.

Is it legal what Ford did? Probably
Was it shitty? Yes, quite.

I believe with copyrights and trademarks if you fail to defend your copyright/trademark, it makes it more difficult to defend it in the future. For instance, if you go to Abandonia.com you can get all sorts of copyrighted computer games from many years ago. All out in the open. No one really cares. If one of those companies tried to defend their copyright now, they'd probably have a tough time because they've allowed it to go on for so long.