Discussion:
What is the name of your state? Connecticut
Hi everyone, quick question:
I run a website where I build model kits and then photograph them and put the pictures on my website for people to see. Recently, I saw an ad in a magazine that used one of the pictures of my models. I know for sure that it is mine because I can see the mistakes I made on it. They did not ask me nor give me credit on the ad for using my picture. What legal rights do I have in this situation? Do I have the right to demand anything from them? What course of action do you suggest I take? Thanks for any help.
Answer:
My response:
First of all, the picture isn't yours. It's of a generic kit model airplane. Did you ask the model maker if you could take a picture of their version of their model airplane so that you could put it on your website? Probably not.
Second, big deal.
Third, what are you going to do - - spend $18,000 to protect some nonexistent "right" over a lousy picture that's being used in some other State?
Get real, will you.
IAAL
Answer:
Wow, thanks for the sarcastic response . It's nice to know you are contributing so much to this site. Perhaps you didn't understand my post. I build, paint and detail these models myself. Thereby creating pieces of art. They are in no way generic, each one is different. These people took the picture and used it to generate a profit. It's a personal thing when it comes to art that you put your heart and soul into. Obviously you are not an artistic person, so I see why you don't understand the situation. Is there anyone out there who can actually be of help and not be sarcastic and rude? Thanks.
Answer:
Originally posted by bobbyfett
Wow, thanks for the sarcastic response . It's nice to know you are contributing so much to this site. Perhaps you didn't understand my post. I build, paint and detail these models myself. Thereby creating pieces of art. They are in no way generic, each one is different. These people took the picture and used it to generate a profit. It's a personal thing when it comes to art that you put your heart and soul into. Obviously you are not an artistic person, so I see why you don't understand the situation. Is there anyone out there who can actually be of help and not be sarcastic and rude? Thanks.
My response:
Why are you such a smartass? You don't know anything about law, yet you deign to tell me I'm wrong? I don't care what colors you use on your P51 Mustang, or your B-17 Bomber. You're asking for a "right" that doesn't belong to you in the first place. Under your own theory, you are doing the SAME thing by photographing an airplane model whose "shape" doesn't belong to you!
However, let's assume you're correct for the moment. What are you planning on doing - - write to them and demand they remove your images? Yeah, that'll work.
And, when it doesn't work, do you know anything about Jurisdiction, and the Federal laws involved? Additionally, do you have $18,000.00 to exercise your "rights"?
Get real. You have no rights and, if you did, you couldn't afford to exercise them anyway. So, go back to your drawing board and mentally masturbate another ludicrous idea.
IAAL
Answer:
Wow, you certainly have some pent up anger. All I did was ask a simple, innocent question. I had no intent to do anything, I was just wondering what the situation involved. It's nice to know that there are paranoid weirdoes out there that think everyone is out for something and that everyone is a bad person. I really feel sorry for you. It's clear that your 20+ years in the legal field have jaded you. Just take a deep breath, and relax.....
Answer:
[quote]Originally posted by bobbyfett
Wow, you certainly have some pent up anger. All I did was ask a simple, innocent question.
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My response:
Only when stupid people ask stupid questions, and then try to defend and justify their stupid reasoning.
I don't care if you paint the planes with pink polka dots. You have no copyright claims to their paint schemes, or to the planes themselves, or the photographs.
Was that "simple enough" for you, Brainiac?
IAAL
Answer:
I just don't understand why you insist on acting the way you are. Calling me "stupid", "brainiac", a "smartass", and telling me to "get real" and "masturbate ludicrous ideas" is just immature and rude. All I did was come here to ask a simple question, which I knew nothing about. All you had to say was "no you do not have any legal rights". There was no need to be sarcastic or biting. I came to this site for some advice and you have succeeded in ruining the entire experience all within a couple of hours. I won't be posting here again so you can have the last word if you see it as neccessary IAAL. Whomever is the moderator here, I would appreciate it if you could just delete this entire posting as I am embarassed to be in the same thread as this man. Thank you.
Answer:
This is hilarious. Makes me want to get one of those hippie hippie shakes.