******, Any info on that would be appreciated! Two of the websites that this shirt is on have taken them down. I took a screen shot of all of the websites before I contacted them. Del
My old web guy and opartner died just about the time I joined the HAMB. I'll drop Ryan a note and ask him I am sure that he knows how it is done. By the way I don't normally tell folks because I am certainly not a big art critic but I like your work from what I have seen of it. Now if I had your address I would send to a buck and a half and you could take that and the money and get a cup of coffee.
Actually, that's good advise. I was told you should put the copyright symbol, your signature, and date on every piece you come up with. The extra step of filing the copyright paperwork is only filling out one form and $35.00 per image. That gives you a lot more leverage, including being able to collect lawyer fees from the people you are suing.
Thank ******! Some are talented with a pencil, and some are talented with a pen. You, my friend, are very entertaining with a pen!
Thanks I had a friend that was pretty good with ink once but he died. He learned everything he knew in prison.
Not to side track your issue, but I have always wondered something. Many times I see photos taken at races (and other events) that are copywrighted or "owned" by the photographer. Does the photographer have to get any permissions or releases from the cars owner before he can copyright the photo?
Doesn't look to me that Samsung changed things up by at least 20% (I'd say about 18-1/2% tops) and they still won apparently: http://www.nytimes.com/2012/07/20/b...apple-to-advertise-legal-win-for-samsung.html Hope he doesn't end up flipping it on you and making you publish an apology for 6 months. edit: I like how the new Google Nexus 7 table is being advertised right above the article. The salt in the wounds irony on that is pretty thick.
Good point there and one that should be in Del's favor. None of the guys's presented art work follows the same style that the copy of Del's has. You look at the design on that shirt and it says Del Swanson.
The following will disable the right click if you can integrate it into your site. They can still use print screen or save the whole page to get the image(s) they want though. Well, it should have shown the code but something's up ... I'll go ahead and drop Del a note, if you want it I can send via email. It's nothing special but it works.
No. The car was making a public appearance. Just like if he took your photo on the street and sold it. You have no recourse. The only way to prevent it is to post a sign at the event on private property that states "No photography allowed." And then made an honest attempt to keep people from taking pictures. Then you might have a shot at getting some recourse.
I am not computer expert, but I think you can probably also do a save as to webarchive and I think it downloads all the related files to a folder on your desktop. I think one difference as pointed out is this image wasn't just used for personal enjoyment, but was taken and altered apparently for a business use and profit. Those usually are 2 different things. A lot of people are willing to share things without charge, but not let you take something for free and then try to make money off of it, especially without at least giving back any credit or part of the profit.
Yep, saving as a webarchive (.mht) file puts it all in one file, but if you select Webpage, complete as the file type you'll get all the files in a single folder.
I have had car owners at shows & meets jokingly (atleast I hope so) say as much when I've photographed their vehicles & I believe that the photographer does indeed retain the rights to the pic, regardless of who owns the vehicle. If a photographer snaps your ride & a couple of months later you notice it or hear about it being printed in a magazine, would you honestly complain/sue, or would you be glad to see it in a national/international publication?
Maybe if they trademarked the name on the side of the car they could sue for someone useing it. I know it worked for a fella who trade marked his name when he got a traffic ticket. He said that the city did not have permission to use his name on the ticket and sued the city.
No but there are some inflated egos out there that think they should be paid when a photo of their car appears in a magazine or on the net. The rest of us consider it praise for our efforts to have someone take a photo of the car and put it in a magazine or on the net. Even higher praise if an Artist like Del decides to do a drawing of the car.
I just clicked on both links and couldn't find your design on either page! Think they pulled it already, knowing what was brewing? All his stuff looks like primarily biker stuff, with some hot rod stuff in the signs section. Your design would stick out like a sore thumb on his page, mainly because it's nicer! I didn't see much on his site that was what one would call overly creative, but of the cars and girls and bikes etc. that I saw, some more folks might want to check to see if he's using THEIR artwork as well!
A copyright notice is not necessary under the Berne Copyright Convention, which the USA adopted in 1989. However, "not necessary" does not mean that it is not good advice.
Del This web site may help, you can use it to search for web sites and content that is no longer available. May be a bit of a pain to use, but it does work. Everything is still out there somewhere. http://archive.org/web/web.php Canuck
I appreciate the comments guys. Using my artwork for inspiration would have been a compliment. Copying it directly AND making money off of it is a slap in the face! Every artist is inspired by every other artist and everything around them. This wasn't inspiration, it was theft.
Did his web site always have a banner at the top: "This is a demo store. Any orders placed through this store will not be honored or fulfilled."" ?
They knew what they were doing they even took your name off of the licence plate! Hope you get your royalties
The one that bothers me is the "chineese" company on eBay who sells refrigerator magnets with hotrod pictures on them. Many of the pics are of COE's. The pictures are from car shows and appear to be simply stolen off the web. As for your stolen artwork, can you contact the States' Attoneys General?
Yep, as I see it, stealing your work, then selling it for profit is a "compounded felony". Go after Thundersport first and see what they offer, then the "artist" later.
Several years ago I started to re-produce a famous 1960s racing logo that was neither trademarked, copyrighted, nor used for any business purpose in the last 5-years. I reached out to the people who had a major connection to auto racing and negotiated a License Agreement, even though at the time, by the letter of the law I didnt have to. Everything was above the table. Everyone wins.
from marcys tag line................"T-Shirts don't cost you money, they make you money!" seems like its the other way around on this one ....... sorry for your troubles.......... maybe you can get thunder to kick his checks your way and turn the tables.... good luck in your fight
"Yep, as I see it, stealing your work, then selling it for profit is a "compounded felony". Go after Thundersport first and see what they offer, then the "artist" later." I dont think he said Thundersport stole his artwork... they just used a design they purchased - which as it turns out was stolen... if they recalled their inventory of offending prints/shirts etc after being notified of the issue I doubt they would be liable for penalties. They are losers in this problem as well.
The Jalopy Journal
