HomeGrownVintage "borrowing" images
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HomeGrownVintage has apparently ... borrowed (without asking) ... the image of my Mello Mint wrapper to sell clocks, pillows, t-shirts, and canvases (or is it canvaii?).
http://www.zazzle.com/homegrownvintage/mello%20mint There's also other items that are probably created from images "borrowed" from other Net54 members. How can they get away with this? Attachment 150192 |
Actually, I kind of like that pillow :)
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Tell him he may use it only if he gives you a pillow
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David Cycleback might be able to shed some light on the ownership and use of images, I would contact him.
Joshua |
Just curious - how do you know that is your Mello-Mint image?
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Is there a harmed party here?
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$20 for a coffee cup!? Steve B |
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OK, thanks. It does look like yours. I wonder why they didn't use Photoshop to clean up some of the stains/fold lines, etc?
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Thanks Andy - I contacted them.
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At worst it is illegal (might be a tough case) and at best it is unethical to do without asking.
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Daryl, have you contacted the seller and asked them to stop using the image or at least provide some explanation?
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Now the same guy is selling fantasy cards on eBay. I sent him a message but he never responded. :mad:
http://www.ebay.com/itm/Ty-Cobb-Bat-...-/121468183317 http://i.ebayimg.com/00/s/MTE2Nlg3MD...UO-2N/$_57.JPGhttp://i.ebayimg.com/00/s/MTE2Nlg3Mj...UO-2t/$_57.JPG |
Ask if he wants to see some pics of his girlfriend.
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This is an interesting issue. Technically Daryl doesn't own the copyright on the image, but he does own the copyright on the photograph of the image. Any photo rights are granted to the person who takes the picture. If he can prove that they used his actual photograph (scan/picture/whatever) he might be able to get some ground with it.
Think of it this way. If I go to a concert and took a video of the Eagles singing Hotel California, I am free to do whatever I want with that video. Sell it, trade it etc. I own the video, even though I don't own the rights to the song. The caveat would be if the venue/artist makes a condition of contract (ticket purchase) that there be no video or photos taken during the show. They can sue you for violating that agreement and confiscate the material, but only for violating the agreement not the songwriting copyright. That being said, whomever is the owner of the Mello Mint estate/trademark has more of a claim. My guess is that has expired into public domain, therefore it comes under fair use domain. |
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