My Cobra on merchandise?????

Juggernaut · #1 (**permalink**) 05-11-2009, 08:14 AM

Quick question. I was surfing the web last night & found a website that had taken pictures of some cars at a car show I attended. My Cobra is one of them.

The website sells these pictures as well as puts the image on lots of items such as mugs, tee-shirts, fridge magnets, key fobs, etc....

I know pictures are taken at car shows and can be for personal use but I was just curious if they could be used for profit. I don't want to sue anybody, just curious.

Can anybody shed some light on this for me?

Thanks,
Randy

Ron61 · #2 (**permalink**) 05-11-2009, 08:21 AM

Randy,

I don't know the law about that, but I think they are in the wrong. When I had my Cobra they had a stand at one car show I was in that would take a picture of your car and put it on T-Shirts or jackets, but you had to prove that the car was really yours and they wouldn't use any picture that you had taken. I was told that was to make sure that the car I was having them put on a T-Shirt is really mine and to protect them from any legal problems. Also when I went to the Convention Center I went in and asked them if I could use the building as a background to take a few pictures of my car. After verifying that they were just for my personal; use, they told me to take all I wanted.

Ron

Juggernaut · #3 (**permalink**) 05-11-2009, 10:38 AM

Ron,

I kind of think they should have asked permission to do it, although I'm looking at it as a compliment.

Thanks for the input.

elmariachi · #4 (**permalink**) 05-11-2009, 10:55 AM

Quote:

Originally Posted by Juggernaut

Ron,I kind of think they should have asked permission to do it, although I'm looking at it as a compliment.Thanks for the input.

Agreed, but my idea of a compliment is for someone to send me a royalty check.

My guess is if you call them up, they won't pay, they'll just stop using yours and move on to using someone else's, hoping they never get sued. I'd call them up and see if they'd send you some copies of the merchandise and maybe they are open to a royalty discussion. But your car is your property and others can't commercialize on it without sharing the $$love.

Dangerous Doug · #5 (**permalink**) 05-11-2009, 02:06 PM

You think there is money to made here? Come on... Profit margins are probably razor thin. Licensing would be what, a nickel per item, if that? They'd have to be selling a LOT of mugs/T-shirts with your car's picture on it to be meaningful. I don't think the market for pictures of a Cobra on a T-shirt or mug is large enough for it to be worth your time.

I'm with Juggernaut: Take it as a compliment.

DD

elmariachi · #6 (**permalink**) 05-11-2009, 02:23 PM

Quote:

Originally Posted by Dangerous Doug

You think there is money to made here?
DD

Read my post again:

Quote:

Originally Posted by elmariachi

My guess is if you call them up, they won't pay

hey,littlecobra · #7 (**permalink**) 05-11-2009, 03:52 PM

as i understand it.... the photographer 'owns' the photos, and can do what he likes, without permission. I don't think you have a right to the pics, Randy, but i wouldn't be surprised if Shelby licensing had a problem with it!
i guess just enjoy the products with your car, and maybe they'll give you a free tshirt.

the best way to avoid this, is to post signs, guard the car with 'no photos' of my car, kinds of comments.
oh well!

Kristen

elmariachi · #8 (**permalink**) 05-11-2009, 04:35 PM

Quote:

Originally Posted by hey,littlecobra

as i understand it.... the photographer 'owns' the photos, and can do what he likes, without permission.

I think that the photographer owns the picture of the Cobra, but if he chooses to commercialize it for $$, he may required to gain consent as well as to pay compensation to the owner of the subject.

1985 CCX · #9 (**permalink**) 05-11-2009, 04:43 PM

Contact the site, maybe they will comp you a mug or Tee?

I would say take it as a compliment as they won't retire on those pics.....

Juggernaut · #10 (**permalink**) 05-11-2009, 04:56 PM

Like I said when I posted this, I was just curious, I'm not out for any compensation.

I've had pictures taken of the car at another show and they used it on their website to promote their next car show, I took that as a compliment as I do this.

But I might ask them for a free mug!

Thanks for the replies!

Randy

Ronbo · #11 (**permalink**) 05-11-2009, 05:03 PM

Nope they can't use them without a release (they're profiting off the image of your property)...

The only exception to this is news publications. (sort of)

Personally, to me it's just bad manners to not at least ask.

Historybuff · #12 (**permalink**) 05-11-2009, 06:43 PM

I think you can't go putting signs all over it or around it saying "No pictures."Most guys making t-shirts, coffee mugs & stuff will just obscure your front license plate so it might be hard to prove your red 427 Cobra is the one on the cup or shirt.

Dangerous Doug · #13 (**permalink**) 05-11-2009, 07:29 PM

Heh, heh, well, the cost of the "no photos" sign would by far outweigh any "profit" available from mug and T-shirt sales...

Let car enthusiasts take their pictures. All of us here should be proud to own something worth taking a picture of.

hey,littlecobra · #14 (**permalink**) 05-11-2009, 09:09 PM

like i said, the photographer owns the photos.

He SHOULD ask permission, but i've never told anybody they couldn't take a photo. They're mostly amateurs at shows anyway. A professional photographer? Guess he could ask, and most would, but he can sell the product all day long with your pic.
Definitely Randy, it is truly a compliment! That's the way i would look at it, too.

We had a DFW meet a few months ago, and a guy that 'seemed pro' came wandering up. I bet he took a couple of hundred of photos! up close, all around, and then while we went in the restaurant to eat, i guess off he went. I'm sure he didn't ask or get anybody's permission to publish pics of our cars. Not required, just ethical, in my book.

Your car looks great and deserves all the photo ops it gets!

have a great summer, and have fun at Tulsa.

K

Madmiles442 · #15 (**permalink**) 05-13-2009, 10:19 PM

And that guy has never contacted me about the photos! Argh!

paul44224 · #16 (**permalink**) 05-14-2009, 03:18 AM

Just out of respect, the photographer should have asked permission. From my understanding of copyright laws, unless you have a copyright, or patent, anything is pretty much open. Except for a pic of a person. Lots of gray areas. Just ask Shelby and his lawyers! I do some "unusual" art, and have asked a car owners okay before I would use their image purely out of respect.
Paul

scales · #17 (**permalink**) 05-14-2009, 10:58 AM

Didn't Miss California have this problem?

dl95409 · #18 (**permalink**) 05-14-2009, 12:14 PM

Quote:

Originally Posted by Ronbo

Nope they can't use them without a release (they're profiting off the image of your property)...

The only exception to this is news publications. (sort of)

Personally, to me it's just bad manners to not at least ask.

This, then, raises the question as to the difference between a car show, where you exhibit your car for all to see, and a race, where your car is available for all to see and photograph. I see race photos all the time that are for sale. Are these all used and sold with permission??? I don't think so.

Interesting question....we need the opinion of a copyright attorney!