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Images without Permission

Discussion in 'The Hokey Ass Message Board' started by CRZNDUCK, Feb 25, 2008.

  1. CRZNDUCK
    Joined: Apr 28, 2006
    Posts: 77

    CRZNDUCK
    Member

    Wonder if anybody has run into this. You take your car to a shop for work and the project never get finished but the shop uses images of your car without permission and posts them under their completed projects. I would think that is total misrepresentation. What do all y'all think. Thanks.:mad:
     
  2. Fasterthanu
    Joined: Jan 26, 2008
    Posts: 66

    Fasterthanu
    Member

    That sounds like misrepresentation to me!!
     
  3. Da Tinman
    Joined: Dec 29, 2005
    Posts: 4,226

    Da Tinman
    Member

    There are some legal ramifications there if you choose to go that route.

    A former associate of mine is using my pics, of my work, to sell his stuff. My attorney has advised me that I can go after him if I want to, not sure its worth the effort. He will be issuing a cease and desist letter in a few days, should put a stop to it.
     
  4. Lobucrod
    Joined: Mar 22, 2006
    Posts: 4,122

    Lobucrod
    Alliance Vendor
    from Texas

    Id get a lawyer (yeh I hate em to but sometimes they can help) to right the guy a letter and tell him since he's using your pics as a completed project then he needs to complete it or face the concequences of a lawsuit.
     

  5. Aman
    Joined: Dec 28, 2005
    Posts: 2,522

    Aman
    Member
    from Texas

    Might be good to post the name of the shop here so we can watch out for him.
     
  6. PeteFromTexas
    Joined: Apr 4, 2007
    Posts: 3,837

    PeteFromTexas
    Member

    It seems to me that if they worked on the car then they have the right to show off their work as long as they say what they did. I guess it would be tricky if they did't finish it.
     
  7. CHOPSHOP
    Joined: Jun 26, 2005
    Posts: 1,920

    CHOPSHOP
    Member
    from Malden,MA



    My opinion is that if the work done at that shop was completed and paid for then THAT work is considered done from that shop .

    If you had upholstry done somewhere (for example) on an unfinished car, the uphostery shop could show the work as complete, but the car could still have work being done elsewhere.

    As for posting pics without approval- its a gray area on the Internet. If the pics were taken by the person posting them- they can be on a website .I know we all see the pictures of Billetproof Daytone Turkey Run and they include peoples cars that probably dont even know they are having their pictires take. I beleive that the owner needs to request them to be removed. A friend of ours had his car used on a show flier a few years back when the promoter found the picture of his black truck on the web.

    If someone tried to pass the work off as theirs and they didnt do it, Id say that would be misrepresentation ....

    Too bad we dont have Hot Rod shopping malls where you can get all the stuff at one company , one location around here (you guys in the warmer states probably have that luxury...) - I'd even let Dana drag me to THAT mall!
     
  8. Bigdaddy
    Joined: Dec 12, 2002
    Posts: 2,205

    Bigdaddy
    BANNED

    is it somewhat like posting pics in your avitar of a car that is not yours??? Because I am pretty sure that, said 32 sedan is sitting in my buddies garage??
     
  9. CRZNDUCK
    Joined: Apr 28, 2006
    Posts: 77

    CRZNDUCK
    Member

    If your buddy is in Yorbi Linda CA then yes, he is the new custodian of one hell of a hot rod :)
     
  10. UnIOnViLLEHauNT
    Joined: Jun 22, 2004
    Posts: 4,824

    UnIOnViLLEHauNT
    Member

    Might just be the worst idea he could have. This place brews witch hunts way too easy over 1 sided stories.
     
  11. CRZNDUCK
    Joined: Apr 28, 2006
    Posts: 77

    CRZNDUCK
    Member

    Name withheld in that it is not the way I do business.
     
  12. Bigdaddy
    Joined: Dec 12, 2002
    Posts: 2,205

    Bigdaddy
    BANNED

    Yes sir he does.... and he is a member of the HAMB as well....... He told me you were a great guy.


    John
     
  13. O.T. but I saw that car drive by yesterday. It looks good. Bad Bob told me 5051 bought it.
     
  14. CHOPSHOP
    Joined: Jun 26, 2005
    Posts: 1,920

    CHOPSHOP
    Member
    from Malden,MA

    That car definitely has a cool factor to it. Even the color was spot on for the whole 'package deal'. And if I remember - it sounded pretty cool too.
     
  15. DrJ
    Joined: Mar 3, 2001
    Posts: 9,418

    DrJ
    Member

    If I had a '49 Merc in a shop getting the "standard" top chop, door hickup smoothing and Desoto grill treatment just like dozens have got before, I don't think it would make any difference if it got shown...
    Nothing new to see here, move along folks..

    But,
    If I had designed myself or paid a S Stanford or T Thacker or ? to design me an all new custom car concept and had handed my credit card to someone and said "build it" I'd be pissed if anyone even heard it was even being built until I got the thrill of putting it in a show.

    It all depends on whether new ideas are being "spilled" or if it's just your copy of the same old same old.
    Ya seen one Desoto grill in a Mercury, ya seen em all.
    Who should care if a construction pic gets used or posted.
    Now, for example, Bad Bob's stock Merc grill in a Kustom Merc, that's a new idea! ;)

    Ya start suing people for posting pictures of your Ford it's just going to add to the court decisions for Ford to use when they sue YOU for using any pictures of what you thought was YOUR Ford!
     
  16. BOBBY FORD
    Joined: Oct 6, 2007
    Posts: 700

    BOBBY FORD
    Member

    Need to get opinion from attorney. Then decide if you want to take it any farther. Thanks, BOBBY FORD
     
  17. denis4x4
    Joined: Apr 23, 2005
    Posts: 3,756

    denis4x4
    ALLIANCE MEMBER
    from Colorado

    Had a shop post a photo of two of my cars implying that they were built in said shop. One of the neat things about computers is that you can dummy up letterheads that look like they came from a real law office. Sent a letter registered mail with some serious threats and the photos were gone within 48 hours.
     
  18. Fidget
    Joined: Sep 10, 2004
    Posts: 1,011

    Fidget
    Member

    I found pictures of my car on a Russian site. Obviously it's not a hot rod shop...not sure what it is.
     
  19. Brad54
    Joined: Apr 15, 2004
    Posts: 6,015

    Brad54
    Member
    from Atl Ga

    Are you being victimized? Or do you FEEL like you are, just because it bothers you?

    I find a lot of things can be boiled down to that.

    If the car was in his shop, and he did work on it, I'd say he can consider his work complete, whether the car was completely built at his shop or not.

    What will clogging up the courts with a lawsuit do for you? What will giving a shyster another C-note do for you? What will ignoring it and going about your business do for you?

    -Brad
     
  20. ZomBrian
    Joined: Jan 24, 2008
    Posts: 1,143

    ZomBrian
    Member
    from in IN

    I once ran across some guy who had a picture of my car in his online photos folder. Its by no means impressive, in fact it's in dyer need of restoration. But who saves a picture of someones unrestored car? He had to have gotten it off of one of those "friend" site's like facebook or myspace because he also had some of my cousin's pictures!!! She's only seventeen! Some people are just SICK!
     
  21. RodStRace
    Joined: Dec 7, 2007
    Posts: 2,614

    RodStRace
    Member

    My 2 cents.
    Posting a picture of a car you like or a shot you took is WAY different than posting a picture of a car for advertising a business. Posting it as a "completed project" indicates that the shop did all the work, not a small portion that is spelled out.
    At the least, they should ask if they can use the image. When you go to a lot of car shows, there is a disclaimer that photos will be taken. I bet his shop contract doesn't include this.
    It sounds like there was a falling out before the picture, and that alone should cause him to hesitate.
    It's one thing to walk into a Discount Tire and see a pic of a Lambo in front of the building (indicates that they have been trusted with expensive cars), it's another to see a shop website showing a car as a project when they little involvement (falsly taking credit for work done).
     
  22. tjm73
    Joined: Feb 17, 2006
    Posts: 3,397

    tjm73
    Member

    Have you tried calling the shop and saying "Hey, I'd appreciate it if you took the pics of my car off the site."?

    Don't send out the sharks, until you at least try to be civilized to the owner. If I had put up pictures and soemoen complained I would listen to the complaint, explian my side and try to find a happy medium. If that doesn't work, then go to phase 2.
     
  23. NITROFC
    Joined: Apr 17, 2001
    Posts: 6,177

    NITROFC
    BANNED

    GUILITY AS CHARGED !!! ....but not from Turkey Run
     
  24. CHOPSHOP
    Joined: Jun 26, 2005
    Posts: 1,920

    CHOPSHOP
    Member
    from Malden,MA

    LOL- Al you kill me.

    Here is MA , the law says this:( I Googled it)

    Chapter 214: Section 3A. Unauthorized use of name, portrait or picture of a person; injunctive relief; damages; exceptions


    Section 3A. Any person whose name, portrait or picture is used within the commonwealth for advertising purposes or for the purposes of trade without his written consent may bring a civil action in the superior court against the person so using his name, portrait or picture, to prevent and restrain the use thereof; and may recover damages for any injuries sustained by reason of such use. If the defendant shall have knowingly used such person’s name, portrait or picture in such manner as is prohibited or unlawful, the court, in its discretion, may award the plaintiff treble the amount of the damages sustained by him. Nothing in this section shall be so construed as to prevent any person practicing the profession of photography from exhibiting in or about his or its establishment specimens of the work of such person or establishment, unless the exhibiting of any such specimen is continued after written notice objecting thereto has been given by the person portrayed; and nothing in this section shall be so construed as to prevent any person from using the name, portrait or picture of any manufacturer or dealer in connection with the goods, wares and merchandise manufactured, produced or dealt in by such manufacturer or dealer which such person has sold or disposed of with such name, portrait or picture used in connection therewith; or from using the name, portrait or picture of any author, composer or artist in connection with any literary, musical or artistic production of such author, composer or artist which such person has sold or disposed of with such name, portrait or picture used in connection therewith.

    (whew!)

    Which with my understanding says you can remove images if
    you want to but if its showing manufacturing (which I guess would mean if you made parts in this case with a car) you dont have to take them down. Lots of gray area....which will cost ya with an attorney involved.

    I guess I would say give credit where credit is due too. If the shop did the work and listed what they did - or if the pictures showed that - I wouldnt have any issue about it- escpecially because my car was getting coverage but I guess to each his own.


    And Al- you can take pictures of my stuff anytime man. Good stuff.
     
  25. Acey_Deucey
    Joined: Jul 17, 2006
    Posts: 744

    Acey_Deucey
    Member

    so what. i would just tell the guy to take them down. i think a lwayer is taking it to an extreme. its just pictures
     
  26. Please read carefully I believe this statute applies to a person not his possessions. Please pay attention to the placement of the punctuation.
    The damn attorneys argue over this all the time.
    "Chapter 214: Section 3A. Unauthorized use of name, portrait or picture of a person; injunctive relief; damages; exceptions "

    If my memory serves me correctly "KIRK" researched and posted a very good thread on the subject. Maybe someone remembers the link to this posting.
     
  27. Kirk Hanning
    Joined: Feb 27, 2005
    Posts: 1,603

    Kirk Hanning
    Member

    About 10 yrs. ago a fellow had a really nice early Mopar muscle car being sold on consignment. He about sh*t and beat the f*ck out a guy who came rollin' into a car show he was at with HIS car. The only thing the guy said was that it was a very nice car before the ass whoopin commenced.
    I just don't get the nerve/mentality of people nowadays.
     
  28. TudorJeff
    Joined: Feb 13, 2007
    Posts: 1,131

    TudorJeff
    Member

    Read a similar story to your's except some guy was spectating at a small drag strip on a "run what you brung" night and he saw HIS car being raced... no not raced, having the crap beat out of it! I think it was a 90's Mustang. Anyway, it turns out he had it at a shop being worked on and a couple of the mechanics decided to take it out for the weekend. Urban legend?
     
  29. tjm73
    Joined: Feb 17, 2006
    Posts: 3,397

    tjm73
    Member

    This has NOTHING to do with the topic of this thread. It is a whole other issue.
     
  30. I`d say quit getting worked up over this. The time and energy that you`ve spent posting this thread could have been used to call the guy up and politely ask him to stop using photos of your car. If he has half a brain, he`ll stop. If not, then draw up the letter with fake letterhead from fake lawyer and ask him to stop. If that doesn`t work, go beat his ass.
     

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