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#300088 01/29/14 07:44 PM
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1931Sal Offline OP
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Are companies required to get permission to use a picture of your car in a national ad? The "Universal Tire" ad in the new G&D has a picture of my 31 Chevy that surprised me. Anyone have any thoughts? Thanks


Sal Orlando
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I really don't know but you probably should consult an attorney. I'm surprised they used a photo without having specific permission.


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Using a photo for personal purposes is okay. Photos of recognizable people require permission if used for commercial purposes. Not sure about inanimate objects? Not an attorney but suspect it does not require permission of subject owner.


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Not really sure, either. "Intellectual property" rights may be something to check out though, EH?


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Maybe you can get some free tires for the use of the picture!



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1931Sal Offline OP
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For a set of free tires they could the picture any time they wanted. Fat chance though!!!


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You could copywrite your car..With that you have control. I did that with my hotair balloons. Didn't make any money but got great professional pictures. Bill


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Originally Posted by Lahti35
Maybe you can get some free tires for the use of the picture!

I love this idea!


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Wow, interesting question. I wonder if you could argue that your restoration is your "work product," and is (maybe) copyright-protected. Even if you don't have legal rights, it seems bad PR for the company to use your car and not compensate you in some small way. I vote for tires.

I'm not an attorney, but I did stay in a Holiday Inn Express last night. :))


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Sal... does your car even use their tires?


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When you park your car in a public area (show) and someone takes a photo of it, the person who took the photo owns the intellectual rights (copyright) to that photo. If they used your photo of your car without permission, then you own the rights to the photo and are entitled to compensation (sell them a license for use) for their use of your copyrighted material photo. After 70 years or so, many photos fall into the public domain unless they are specifically identified and the copyright is renewed by the owner of the image. GM missed a lot of photos that they took and then lost over the years which now resurface being used.

The person who took the picture and owns the original copy is the owner of the copyright unless they sell or license that image to someone else.

Who took the picture of your '31?


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The rules in USA could easily be different from other countries. If you take a picture of a car or details of it in Norway and show them on Internet without any business connected to the presentation you normally will not have to pay the owner anything for the use. If the car is shown together with other cars you may use the picture for nothing.

But if you are a business and want a picture for advertisments, or as illustration to a story etc. in leaflets or on Internet you should ask for permission and compensate for the use in money or goods.

I would have talked to the company and asked for some goodies specially if they intend to use the picture more than once.

Agrin


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1931Sal Offline OP
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Thanks everyone for your feed back. As for the picture, with the back ground blurred out I have no idea where it was taken or by whom. I do think that I will email the tire company and see if they have any idea about it. After all, this magazine does go world wide.


Sal Orlando
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