Double Standard

Philm · #1 (**permalink**) 01-15-2009, 05:51 PM

The saga of intellectual property rites over the photos of my car for the Street Machine magazine has had another interesting twist.

I knew that the photographer sold the images to a poster company to produce and sell posters.

While I think this stinks it is just the way it is.

The interesting part is that I have seen the poster, produced by a company in the UK and it has the title "Shelby Cobra". The poster has the legal line stating that the use of the word "Shelby" and "Cobra" has been approved by Shelby America.

So my issue is that Shelby is very quick to pursue people for the unlicensed use of their trademarks but this is a misrepresentation of the car.

It is not a Shelby Cobra it is a home built car that resembles the original shape.

On the flip side am I know able to legally describe my car as a "Shelby Cobra"?

Before it starts there is nothing I want to do about this I think it would be good to see what others opinions are.

Thanks

Phil

boxhead · #2 (**permalink**) 01-15-2009, 06:36 PM

Common sense would tell me that the photographer (acting as a business) would have had to get you to sign a release form allowing the image of something that you privatly own be displayed publically.
I assume this would have been done to display the pictures in Street Machine magazine?
But in the contract did it advise the images may be onsold or forwarded to other media?

In the long run you are still the registered owner of that vehicle, so I would have assumed you had some sort of right to declare ownership of the images?

I think if you tried to call it a Cobra you would get laughed at by most of your mates, because it is a Kobra.

sambo · #3 (**permalink**) 01-15-2009, 06:41 PM

I'd be emailing Mr Shelby himself. Set the dogs onto 'em!

Philm · #4 (**permalink**) 01-15-2009, 06:45 PM

Not fussed about the consent, bit over it actually.

It just what you said it is not a Shelby Cobra it is a Kobra!!!!!

Built by a backyardy in Penrif.

Phil

richardferguson · #5 (**permalink**) 01-15-2009, 06:59 PM

There are lots of low-life out there Phil. You just crossed paths with one. Could be worse. You could be driving a Holden with a curious resemblance to a Cobra.
Richard.

Aussie Mike · #6 (**permalink**) 01-15-2009, 07:09 PM

Are you refering to this poster?

http://www.allposters.com/gallery.as...ame=&SearchID=

I wonder why they are calling it the Easton Cobra?

Cheers

Philm · #7 (**permalink**) 01-15-2009, 07:19 PM

Easton Chang is the Photographer.

Phil

boxhead · #8 (**permalink**) 01-15-2009, 07:53 PM

Hey Phil, you should start selling those with your signature on it.
You must be an official Cobra race driver?

Mando · #9 (**permalink**) 01-15-2009, 11:24 PM

Where can I buy one?

AC-460 · #10 (**permalink**) 01-16-2009, 01:57 AM

Don't worry phil its a magnificent piece of machinery that you should be proud of....there's plenty of scum on this earth wanting to make a quick buck problem is most of the time there's nothing you can do about it without costing big bucks just turn a negative into a positive and say this thing is that good that everyone wants to publish it...and yeah its a pitty shelby pick's and chooses what he puts his name on
Cheers Phil
Mark

Rob. Smith · #11 (**permalink**) 01-16-2009, 02:28 AM

Another way to look at it is.....That's my car and people are buying pictures of it because they LIKE it.
YaY !

Philm · #12 (**permalink**) 01-16-2009, 06:28 AM

Yes it feels great that my car, and some fancy photography have created a nice poster that people want to buy.

Not bent and twisted about the photographer, he has done what he is "allowed" to do, but maybe a few poster would have been nice.

I am just startled by the Shelby cobra title.

Phil

zzmac · #13 (**permalink**) 01-16-2009, 10:53 AM

Quote:

Originally Posted by Philm

The saga of intellectual property rites over the photos of my car for the Street Machine magazine has had another interesting twist.

I knew that the photographer sold the images to a poster company to produce and sell posters.

While I think this stinks it is just the way it is.

The interesting part is that I have seen the poster, produced by a company in the UK and it has the title "Shelby Cobra". The poster has the legal line stating that the use of the word "Shelby" and "Cobra" has been approved by Shelby America.

So my issue is that Shelby is very quick to pursue people for the unlicensed use of their trademarks but this is a misrepresentation of the car.

It is not a Shelby Cobra it is a home built car that resembles the original shape.

On the flip side am I know able to legally describe my car as a "Shelby Cobra"?

Before it starts there is nothing I want to do about this I think it would be good to see what others opinions are.

Thanks

Phil

If the photographer wasn't forthright with you, it's not implausible to think that he didn't actually get approval for that tagline. It makes you wonder why they would approve "Shelby Cobra" when it's not.

BMK · #14 (**permalink**) 01-16-2009, 04:04 PM

Philm

Phil,

I would think that you have little chance of response from Shelby.

Whilst I think it is a little bit of 'taking licence' I bet that you would have no chance of stopping this or getting your share of profit etc.

This poster is no different to the photos of celebrities that are taken and published in magazines or newspapers. I can recall a celebrity who was recently photographed in a less than suitable position and he had no hope of stopping the publication of the photos - read a Prince with Hitler badges at a dress up party who had his photo spread over his own country newspapers...

Easton has the photo and I think that he can do what he likes with them. Has he spoken with you...

The poster looks great.

Wait until our US friends are awake and start reading this they will be able to shed some light on the antics of Shelby and the word Cobra..

Cheers

Bernie

Philm · #15 (**permalink**) 01-16-2009, 06:56 PM

I am not interested in contacting Shelby or to take it further, just thought it was a good discussion topic.

Easton is not a bad fellow, he is quite respected and well awarded automotive photograher. Like most in business he maximised the profit or income buy selling off the Photos. He did tell me what he was doing, but he was not looking for my consent.

We did have many converstions concerning the ownership and we came to a solution. I have all the orginal full resolution shots without any water marks as a soft copy. I have printed and framed 4 x A0 size pictures that hang on the wall above the TV.

I am very pleased to have this record of my car.

I am however curious about the title, Shelby Cobra. I am interested to see what other people think, do we call our replicas "shelby Cobras"?

Phil

Fordzilla · #16 (**permalink**) 01-16-2009, 09:09 PM

Great looking Poster!!

OZVENOM · #17 (**permalink**) 01-23-2009, 05:20 PM

Hi Phil i went to the painter that I am now using and there it was in all its glory phils cobra on the wall pride of place .
Its a compliment that a profesional painter would display it in his show room. he does a lot of air brushing as well and i think that is what attracted him to it.
Tell them you would like some copies and get them laminated sign it first and sell em when you are at shows.
Help pay for some light weight racing rims good for about a second a lap.
oz.

PS427 · #18 (**permalink**) 08-14-2013, 06:11 AM

Hi Phil, been looking for one of your posts so I could ask you a question. I was chatting to you at the nationals with your orphan. I was wondering where yo got your heater control knobs(replicas of originals). Are they available or did you have them engraved yourself?
Cheers Phil Shiel.