Street Concept stole my picture
Oct 26, 2005 | 09:27 PM
#1
Street Concept stole my picture
Yep Street Concept stole my picture off my cardomain site! here is proof
I gave them a lot of time to take it down. It's been like 3 weeks or more now.
I wrote them an email and i also called and spoke with the manager and now im pissed! i just might have to sue their asses for voilating my copyright.
I am going to call them tommorow and have another talk with the manager. Im a nice guy to give them so much time, but my niceness is running out. Maybe i should teach them a lesson on copyright law so they will never steal anyones picture again without permission!
http://www.streetconcept.com/3462.html
http://www.streetconcept.com/3461.html
and my cardomain site
http://www.cardomain.com/ride/435720
I gave them a lot of time to take it down. It's been like 3 weeks or more now.
I wrote them an email and i also called and spoke with the manager and now im pissed! i just might have to sue their asses for voilating my copyright.
I am going to call them tommorow and have another talk with the manager. Im a nice guy to give them so much time, but my niceness is running out. Maybe i should teach them a lesson on copyright law so they will never steal anyones picture again without permission!
http://www.streetconcept.com/3462.html
http://www.streetconcept.com/3461.html
and my cardomain site
http://www.cardomain.com/ride/435720
Oct 26, 2005 | 09:52 PM
#3
Someone correct me if I'm wrong on both of these paragraphs...but unless you physically send in whatever it is you want copyright protection to the gov...it's not under any type of law whatsoever unless YOU are a business and YOUR product is what is being "advertised" by someone that doesn't sell your product.
If that bumper on your car was from them...then honestly...they could counter sue you just to make you drop your suit against them because you are using pics of their product without expressed WRITTEN permission on someone elses website
If that bumper on your car was from them...then honestly...they could counter sue you just to make you drop your suit against them because you are using pics of their product without expressed WRITTEN permission on someone elses website
Oct 27, 2005 | 12:27 AM
#4
None of their product is on my car. also their advertisment is false because i have a widebody kit on and the product they are selling is not. copyright don't have to be sent into the gov, it's protected once its put into a tangible form.
here is where i got my info
http://www.copyright.gov/circs/circ1.html#wccc
here is where i got my info
http://www.copyright.gov/circs/circ1.html#wccc
Oct 27, 2005 | 12:45 AM
#5
Now wasn't it that hard for them to pull my picture off? I just check and all my pictures are gone. BUT i will keep on checking just in case. I believe my threatening post scared them.
Oct 27, 2005 | 12:51 AM
#6
You should send them a Cease and Desist letter through registered mail. Here's a template I found online:
Dear [name]:
It has come to my attention that you have made an unauthorized use of my copyrighted work entitled [name of work] (the "Work") in the preparation of a work derived therefrom. I have reserved all rights in the Work, first published in [date], [and have registered copyright therein]. Your work entitled [name of infringing work] is essentially identical to the Work and clearly used the Work as its basis. [Give a few examples that illustrate direct copying.]
As you neither asked for nor received permission to use the Work as the basis for [name of infringing work] nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.
I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by [date give them about 2 weeks] indicating that you have fully complied with these requirements, I shall take further action against you.
Very truly yours,
It has come to my attention that you have made an unauthorized use of my copyrighted work entitled [name of work] (the "Work") in the preparation of a work derived therefrom. I have reserved all rights in the Work, first published in [date], [and have registered copyright therein]. Your work entitled [name of infringing work] is essentially identical to the Work and clearly used the Work as its basis. [Give a few examples that illustrate direct copying.]
As you neither asked for nor received permission to use the Work as the basis for [name of infringing work] nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.
I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by [date give them about 2 weeks] indicating that you have fully complied with these requirements, I shall take further action against you.
Very truly yours,
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Oct 27, 2005 | 12:54 AM
#8
Here's another:
Important Notice: This is a sample form for illustrative purposes. This sample may not be suitable for your particular circumstances and different agreements or legal arrangements may be necessary depending on your jurisdiction. Therefore, you should not use this sample, or any part, without the advice of competent legal counsel.
http://builder.com.com/5100-31-5082448.html
Your Letterhead
Dear [name of infringer]
It has come to my attention that you have made an unauthorized use of my copyrighted work entitled [name of work] (the "Work") in the preparation of a work derived therefrom. I have reserved all rights in the Work, which was first published in 1999 on http://www.mycompany'swebsite.com, and I have registered the copyright.
Your work entitled [name of infringing work] and which appears on your web site at http://www.yourinfringing.com, is essentially identical to the Work and clearly used the Work as its basis. [Give few examples that illustrate direct copying and/or unfair use.]
You neither asked for nor received permission to use the Work as the basis for [name of infringing work] nor to make or distribute copies of it. Therefore, I believe you have willfully infringed my rights under 17 USC Section 101, et seq. and could be liable for statutory damages as high as $100,000.
I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies of it, and that you deliver to me all unused, undistributed copies of it, or destroy such copies immediately, and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by [date] indicating that you have fully complied with these requirements, I shall consider taking the full legal remedies available to rectify this situation.
Sincerely,
(Your Name)
Dear [name of infringer]
It has come to my attention that you have made an unauthorized use of my copyrighted work entitled [name of work] (the "Work") in the preparation of a work derived therefrom. I have reserved all rights in the Work, which was first published in 1999 on http://www.mycompany'swebsite.com, and I have registered the copyright.
Your work entitled [name of infringing work] and which appears on your web site at http://www.yourinfringing.com, is essentially identical to the Work and clearly used the Work as its basis. [Give few examples that illustrate direct copying and/or unfair use.]
You neither asked for nor received permission to use the Work as the basis for [name of infringing work] nor to make or distribute copies of it. Therefore, I believe you have willfully infringed my rights under 17 USC Section 101, et seq. and could be liable for statutory damages as high as $100,000.
I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies of it, and that you deliver to me all unused, undistributed copies of it, or destroy such copies immediately, and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by [date] indicating that you have fully complied with these requirements, I shall consider taking the full legal remedies available to rectify this situation.
Sincerely,
(Your Name)
http://builder.com.com/5100-31-5082448.html
Oct 27, 2005 | 01:39 AM
#11
you should file an infringement suit against them for passing off - using the design or shape of your intellectual property (photograph). better yet, instead of pursuing all this madness, allow yourself to work with them. tell them to compensate you a flat or monthly fee for as long as they use your product, registered or not.
on another note, your car looks really great... all you need are some better, wider tires =p
on another note, your car looks really great... all you need are some better, wider tires =p
Oct 27, 2005 | 09:55 AM
#14
well looks like they didn't take down my picture so i will have a nice lil talk with the manager again! I don't want 50% off from them or have anything associated with them! i don't need another body kit, its probably crap anyways
Oct 27, 2005 | 09:58 AM
#15
Have a lawyer send them a removal letter AND a bill. Nothing outrageous, perhaps along the lines of $300 per picture used. If they don't pay, you can take it further and get a judgement against them. In the end, you'll spend more than you recover. Sometimes it's the principle.