Some guy used a pic I took in an Ebay ad

Phil · Post by **Phil** » September 7, 2007, 7:22 am

http://cgi.ebay.com/ebaymotors/Ford-F-1 ... dZViewItem

The blue truck. Kinda weird to see it there

If I would have seen this ad I would have bought this truck most likely.
Somebody sent it to me today

Uncle Skip · Post by **Uncle Skip** » September 7, 2007, 7:45 am

I was confused about that until I read the entire description too.
Actually, its a pretty good complement to the builder of the dark blue finished truck. He says turn the one being sold into the "masterpiece" like the blue one shown in the last picture.
It is a beautiful piece of work and certainly something to use as a goal.
I don't see any foul here.

U@ss

Phil · Post by **Phil** » September 7, 2007, 8:59 am

Not calling foul I just never expected to see an image I took reused.

Wait, I have proprietary rights, where's my lawyer? :lol:

That truck made me fall for slicks. Someday...

Hawkrod · Post by **Hawkrod** » September 7, 2007, 9:50 am

Legally you do own the rights to the image if you took it and it is a violation of the law to use it without permission but just to be clear, I wouldn't call a lawyer just yet! LOL The law says you can stop him from using the image (and probably should as it is a stolen image and what else is he taking illegally, but that is a side issue) but you can't sue him unless you are deriving profit from the work. This means unless you are a professional photographer selling pictures or the image is used in relationship to your business in some way (say a web site) you can't claim damages. Just an FYI for those wondering. Hawkrod

PS, If the image is posted on the web somewhere and he copied it and used it, then send eBay a message to remove the picture and be sure to include the web address from where the picture was copied. It may not seem important to you but it is important to those of us who do this for a living. On a mild side note, he could have linked to the picture to make it appear in teh auction and that would have been legal but he can't copy and post it which is what he has done. Below is a deep link (which is legal) to the image as he posted it:

Johnny Canuck · Post by **Johnny Canuck** » September 7, 2007, 9:57 am

Actually I am sure BOTH of those trucks have been posted here recently. I remember asking if that was a stock color, because it looks like shiny primer.Wonder if the seller is a member here?
Looks like a decent enough truck to start a project with..

check the names of those bidders.. is ebay making everyone's name like j**k now? or are those shill bidders?

FORDBOYpete · Post by **FORDBOYpete** » September 7, 2007, 11:02 am

Phil,
Since they applied their Logo in lower R/H corner of your photo, they are in essence claiming credit for it to help sell their truck at auction.

That is plageurism clear ^& present since it implies they have ownership of the image by their logo being displayed on it. :shock:

The Image you posted here has no logo. We all know that because we all looked at it, and we all admired it when you posted it here on Slick 60's back when. You can use that post as a reference for and of the image & it's ownership by you.

Hawkrod is 100% correct. It's your property. Only you have the right to use the photo, or to say how it will be used, and by who. Right now it's stolen. Evil Bay ought to be made aware of, or know that fact. Also like he says, it helps the rest of us who have intelectual property out there, which people try to take every now & then.

Remember this quote from famous ol' honest Abe Lincoln: Your knowledge & skills are your stock in trade

So we are tellin you to protect them because they belong to only you Man.

PS:
It's just like the guy popping BigTrip's hood without permissiom, people not respecting each other because they think they can get away with it. Do the right thing Phil, & at least let "e bay" know what's up.

FBp :thumright:

Johnny Canuck · Post by **Johnny Canuck** » September 7, 2007, 11:14 am

At what point does something posted on the internet in a public forum become "intellectual" (everyone's) property, then?

Just askin'

Slick Fan · Post by **Slick Fan** » September 7, 2007, 12:41 pm

That's funny. I saw that auction while surfing eGouge yesterday & remembered you had posted that pic earlier on this site, but just assumed you had swiped it yourself somewhere.

Personally, I don't think a pic like that being used by someone else is anything bad...after all, if anyone should take offense, it should be the actual owner of the truck. :lol:

I myself swipe pics all the time to use on fourms & for my own use. I don't know if I'd actually use someone else's pic in an eGouge ad of mine, though.

Uncle Skip · Post by **Uncle Skip** » September 7, 2007, 1:36 pm

I would be more than ok with something like that as long as you give credit to the person who took the photo or wrote the article.
While this one is pretty harmless, Pete is correct. Notify eBay and at least let them know. I'd send the seller a message too and ask him to "do the right thing".
Just my personal opinion, and we all know what you can buy with that :wink:

U@ss

65 66 Ford · Post by **65 66 Ford** » September 7, 2007, 6:17 pm

The seller used your picture without asking your permission. :oops:

And he is using it to make a profit. This is stealing. If you complain to eBay they will remove the picture.

FORDBOYpete · Post by **FORDBOYpete** » September 7, 2007, 6:45 pm

JC
It becomes intellectual property when somebody claims ownership, and that e-bay logo on there is doing just that.
But the fact is it's Phil's photo, he took & generated it in the 1st place and then he shared it with us here. Obviously somebody lifted (copied ) it and used it for their own purposes, without permission or giving credit to Phil who owns it. So that's plageurism plain & simple or it's cheating by taking somebody elses "stuff" and using it as if they owned it. . . .

If you write, paint, photograph or record the tunes you play, they are your property and you have the say over who does what with them. Nobody can just "cut you out" and do what they wish with the stuff you, or I or U@ss or Phil or anybody created. If we generate things and people take them it's wrong, that's the point. Or that's how I understand it to be.

FBp :roll:

UNIFAN · Post by **UNIFAN** » September 8, 2007, 10:03 am

Somebody used a picture I took to start a forum discussion from my ebay add. I agree with Uncle Skip, the seller used it as an example of what he thinks could or should be done with the truck by calling it a "masterpiece". Very kind words for the owner of that blue truck! If its not a big deal leave it alone because they will cancel his auction not just the pic, which everyone knows how big of a pain it is to list on ebay anyway. If someone used a pic I posted on the www as an example of what to do I would be flattered. Anyway...

BigTim · Post by **BigTim** » September 8, 2007, 10:17 am

To me that is just like someone taking part of my lunch that I turned my attention away from for just a moment. If you ask I would probably give you what you wanted off of my plate, don't ask and you might draw back a hand with a fork stuck in it.

Post by **Greg D** » September 8, 2007, 9:57 pm

I am going to change the subject.
That's a pretty decent short Uni!

Phil · Post by **Phil** » September 8, 2007, 10:12 pm

Greg D wrote:I am going to change the subject.
That's a pretty decent short Uni!

I'd have bought it had I not gotten mine already.
(unless the primer hid a bunch of stuff)
I wanted a 6cyl stick truck. The location would have saved me a lot of cash.

I do like my truck I have now though. Needs a lot but I can drive it at least.

As for the pic, meh.
Theft is the sincerest for of flattery or something like that.
I plan on stealing that blue truck guys playbook when I build my truck anyway

Post by **Greg D** » September 8, 2007, 10:27 pm

I would not in the least be ashamed of the truck you have. It has ALOT of character and I have seen MUCH worse fixed up nice. You got off fine! Mine isn't any cream puff but it will get there. You know what you are doing and have some good ideas and a 385, It's All Good. I wish I had a short Uni too but another Uni would mean no Hotrod. Never built one but always wanted too, every dog has his day.
I will stop babbling now, lol.

Hawkrod · Post by **Hawkrod** » September 9, 2007, 9:59 am

Johnny Canuck wrote:At what point does something posted on the internet in a public forum become "intellectual" (everyone's) property, then?

Just askin'

You are mistaken on the definition, intellectual property means it is owned by the person who created it. Public domain means it is free to use by anyone. Here is a quote from the US copyright site (note that quotes are legal but copying entire documents is not) "A work that was created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author’s life plus an additional 70 years after the author’s death." You do not have to register something to copyright it and if it has been created since the web was created it will not go into public domain for many decades. I realize this issue is silly for people who do not derive income from it, but for those of us that do, it is a major issue and theft from an individual must be stopped or we allow others rights to be terminated. It is very important to understand that each individual who allows it to happen is just as responsible as the person who does it. Stealing is stealing and the guy who took the picture needs to know it was wrong as does everybody here. Hawkrod

Phil · Post by **Phil** » September 9, 2007, 1:28 pm

How bout this, Here and Forthwith I, the author, recind all ownership of all rights to said picture (blue Unibody) and authorize its use in any manner. No holds barred, its free and clear public domain and I have no rights to it copy right or any proceeds gained by use of said truck image.

Its my gift to the world. Enjoy any fortunes gained.

GLindley · Post by **GLindley** » September 9, 2007, 1:35 pm

Thanks Phil! I've already sold 10 pictures @ $3.50 each!