Large Companies and the Little Guy

[ninjai_ruken]

I am not sure about any of you, but as many know. I have been having a small problem and concern when it comes to the Yellow Race Car. In the past few years there have been a growing number of Companies using pictures of my car to Sell and Advertise the Drifter Style Front Bump. It has become such a problem that I have started to watermark almost all of the pictures I take of my car.

(Forgot to on my last blog )


That being said, it is a large task trying to keep up with the companies using pictures of my car. Most have been extremely understanding, upfront and honest with me. One even sending me a small check for (Advertising Rights) Buuuuuttt there has been the occasional Ebay Seller and Company that have been down right evil when it came to getting this issue resolved. One refusing to remove pictures of my car until they received a letter from my lawyer, now that particular company it turns out made 23k in revenue in one year just from sales of the 90-94 Plymouth Laser Drifter Style front bumper All while using pictures of my car on their web site.

Now this normally wouldn't be a problem nor would it bother me very much if it wasn't for that fact that in late 07 this caused me to lose a Sponsorship Deal with a local smaller company as well as causing a Sponsorship application to be denied by another.



In other words, posting pictures of your car online is almost like posting provocative pictures of yourself. You never know for sure were they will end up or if it will come back to haunt you!

 

[VETTE_50_TH]

Damn dude. I would file suit for that. Taking your photo of your car, using it to benefit themselves, and then be an ass about giving you monies in exchange. I would totally smack that ass and hopefully some coin falls into your hand. Good luck.

 

[ninjai_ruken]

Damn dude. I would file suit for that. Taking your photo of your car, using it to benefit themselves, and then be an ass about giving you monies in exchange. I would totally smack that ass and hopefully some coin falls into your hand. Good luck.

Sometimes the Lawyer Fee's Vs Potential Winnings is not even worth the effort.

 

[VETTE_50_TH]

You try threatening yet?

 

[ninjai_ruken]

You try threatening yet?

Yeah, that the reason I had my lawyer send them a letter. The next day, pictures were taken down.

 

[david-b]

Wow that's crazy. Sad to see people do stuff like that. You would think that since they sell so many of the bumpers, that would be be able to get an installed shot on someone else car. Granted, it wouldn't be looking as good as yours, but still!

 

[pj91gsx]

if i had to guess, pictures of your car probably show up on google. I dont know an easier place to get them.

 

[ramsack]

Yeah, that the reason I had my lawyer send them a letter. The next day, pictures were taken down.

I thought if you win they would have to cover all your losses including what you pay for a lawyer? I'd fight it or blow up their headquarters.

 

[ninjai_ruken]

Wow that's crazy. Sad to see people do stuff like that. You would think that since they sell so many of the bumpers, that would be be able to get an installed shot on someone else car. Granted, it wouldn't be looking as good as yours, but still!

I am sure they do whats easier for them. They also think they get free advertising when it comes to my car, They are wrong

if i had to guess, pictures of your car probably show up on google. I dont know an easier place to get them.

Pictures of anyone or anything show up on google. Its the reason I have been trying to watermark most of my pictures

I thought if you win they would have to cover all your losses including what you pay for a lawyer? I'd fight it or blow up their headquarters.

Yeah, but in the meantime every time my lawyer has to send a letter to these companies its costing me in lawyer fee's. And unless they have made 100K off of sales using my pictures it really wouldn't me worth the effort unless I was 100% sure the Judge would award me at least 50%

 

[nuclearr]

As far as ebay vendors can you not file a complaint with ebay?

 

[9!'clipseDOHC]

As far as ebay vendors can you not file a complaint with ebay?

I agree, I would try going though ebay.

 

[iamtall77]

The internet is still a new place for image rights. If it's on the internet, it's usually fair game to copy and use. You can go through the effort of copyrighting your image to help protect yourself, but that doesn't stop everyone.

On the other hand, the companies selling the bumper can state they are using the image of the bumper and your car just happens to be attached to it. Almost like selling a t-shirt that a celebrity is wearing. Your selling a t-shirt, not a celebrity.

I agree with you about using your image, and legally you can protect your own image. But you have to go through legal channels to protect yourself.

 

[dacowgod]

Watermarking your pics will not stop things like this from happening...The internet makes it way too easy.. People go to a car show...post the pics up on their facebook.. that they took..and there it is again...It seems a little odd that you lost sponsorship because of it though..

 

[ninjai_ruken]

Watermarking your pics will not stop things like this from happening...The internet makes it way too easy.. People go to a car show...post the pics up on their facebook.. that they took..and there it is again...It seems a little odd that you lost sponsorship because of it though..

That's what I thought, I then found out it was a rival business who then proceeded to tell my sponsor that they were also sponsoring me. Which they never did nor did I ever send them a sponsorship proposal, that almost ended in a big ass law suit. I was so pissed I almost threatened to show up at their place of business. It don't matter anymore anyways. The company who was known for their corrupt business went out of business any ways. And once I had a sit down meeting with the sponsor who dumped me. It was all worked out and I picked up a better sponsorship from them due to it being an entire freaking head ache for me. I dropped out of racing for a while as it is. I plan to come back in a couple of years and hit it big!



EDIT: I know watermarking my pics wont stop it. But it does present more of a case for the lawyer to present in court should it ever go that far.

 

[born2tune]

do you have any links you can show us where they have been using your pictures???

 

[saechao04]

When I was wrongfully arrested my lawyer suggested I sue them, I told him I didn't have the money to and he said it wouldn't cost me anything if we lose but if we win he gets a 1/3 of the settlement. Worked out great for me =)

 

[slipstream808]

Biggest question is where did you post your pictures??

Example, anything you put on Youtube they can do with as they please. To include handing it out to anyone or making a profit off of it. And if I take it down they still have rights to do whatever they want with it. That is why I never ever post any of my short films to Youtube. There are other sites just like it. Pictures or video.

You have to check the fine print when posting things you care about online and think ahead these days.

I hope you can get some money off of the free advertising. Or get a dedicated sponsor for that front lip. Then they can brag aaaaall they want about how awesome it makes your car and etc. And then they can sue people for using that picture.

 

[ninjai_ruken]

do you have any links you can show us where they have been using your pictures???

Not going to post a link out of respect for them. Im not trying to start a flame war. Just use google, its how I found them.

Biggest question is where did you post your pictures??

Example, anything you put on Youtube they can do with as they please. To include handing it out to anyone or making a profit off of it. And if I take it down they still have rights to do whatever they want with it. That is why I never ever post any of my short films to Youtube. There are other sites just like it. Pictures or video.

You have to check the fine print when posting things you care about online and think ahead these days.

I hope you can get some money off of the free advertising. Or get a dedicated sponsor for that front lip. Then they can brag aaaaall they want about how awesome it makes your car and etc. And then they can sue people for using that picture.

They took some of the pictures from when Greg owned the car. And I found some taken off my old Racing Web Page. One company even used a picture with me standing next to the car while still in my gear. I dont require a lot, hell even if they just asked I would be willing to work with them so long as my sponsors are cool with it. I only hit the local track twice last year and Im not going to be able to really race for the next couple of years. I am going to go to school and get a degree in the medical field. So that I really dont have to rely on sponsorship so much. And can focus on my skills as a driver instead of spending all my free time trying to market myself and the car. I want the sponsors to come knocking on my door not the other way around. And it is increasingly difficult for me to be able to

Be a single father to my daughter
Market myself and car for sponsorships
Work
Race
Plan my race schedule
Be my own Pit Crew
ect..ect..ect

Once I get my my Degree to be an Ex Ray Tech. I was already told by a local hospital that I would have a job waiting for me starting at 55k a year I start my internship in Jan 2011. This will allow me to focus more on the Racing aspect seeing as the cost of living here in MT is not that expensive. I am just hoping everything goes to plan. By that time my daughter will be old enough that she will be able to attend the races with me, without me having to keep an eye on her every five seconds. The car will get a new face lift, all new gauges, ect..ect. It will stay yellow, as its the color everyone knows the car as. And it has really grown on me.

 

[enos1010321]

Same thing happened to a buddy and me. It was about 3 months after SEMA. I had found a picture of our 2006 Honda Civic SI in an issue of Super street, in an advertisement for body kits. I figured o well must have taken a picture at SEMA. After Looking very closely, you could see some shadows and some words on the windshield. They had taken a picture of the car at the Marathon Gas station we had stopped at before the show!!! It was the only stop we had made in that 4 hour trip! We had a hell of a time getting the company to stop reproducing the photos. Especially since the kit that you got from them was not the same one as we had on the car!!!! The shop that had built the kit for us was planning on marketing the kit, but didn't really get the sales that they needed (because of knockoffs) and ended up closing. Ya man you will never know when or where its going to come from!

 

[greekgodchaos]

just fyi, these dudes are using your pic too... Plymouth Laser Drifter Style Front Bumper 92 93 94

 

[ninjai_ruken]

just fyi, these dudes are using your pic too... Plymouth Laser Drifter Style Front Bumper 92 93 94

That is twice I have contacted that company. Both times I was told they had removed my pictures which I thought they did last time. I checked it multiple times, contacted my lawyer on his personal cell a couple of minutes ago. He is mailing out a letter tomarrow. If they do not remove it permenatly I will be taking legal action. Thank you

 

[ricktb]

If your car is being used as a flagship, time to milk that cow. Apply for sponsors, and put the decals on your car, then you actually want people to pass the photos around, to get more exposure.

 

[ninjai_ruken]

If your car is being used as a flagship, time to milk that cow. Apply for sponsors, and put the decals on your car, then you actually want people to pass the photos around, to get more exposure.

Already have/had a sponsor as far as body components are concerned and so far I am 100% loyal to them. I have gone through two front bumpers since I owned the car. Two in the first 6months. It was a local dealer and both bumpers didn't cost me a dime.

 

[turboglenn]

THats down right F*&cked up, I had to send a ceast and desist order to a guy in chicago who duplicated a motorcycle part i make called a 12 bar and was selling them on ebay with the pictures i posted on my webpage for selling them. Lucky that was easy and didn't hurt me like this has done you

NOW.. my original thought on this was that sometimes when i'm browsing webpages i see pics i want and when you right click you can't down load them, so apparently there's a program or a little code you can put in to keep people from being able to save and re-use your photos.. you might want to google "online image protection" or something like that to see what you can do.

If nothing else put the thick watermark on the car that says "bumper pictured is NOT what you're buying... by the time they photoshop it out, the bumper pic will be awefull... but they've saved it already so this is gonne be harder to get rid of the guys already using them, but the software thing will prevent itin the future

best of luck, sorry these lose F*&KS HAVE cost you such a great deal of stress and loss of sponsorships as thye are VERY hard to come by for anyone that's ever tried top get one without being fully 100% dedicated to the racing their doing and placing well at the same time, i mean most places wanta resume of your racing and plans, a commitment on the number of events you'll attend and proof that you place consistantly (coming in 4th 10 races out of 10 is way better than 2 firsts, a DNF and a few random other placings) I use to race moto-x so i've dealt with trying to get sponsors in the past and can understand your frustration

ON a side note... if you can get me their address and pay for my travel i think i can persuade them to take the pics down... as long as none of know each other it will be just fine

 

[streetillEagle]

I am an artist. This very topic of rights/ownership to pictures is one reason why if I use a reference or subject I will try to ask permission to use and/or I will not sell what I've drawn/painted. It's just wrong.