442much

Phoenix Graphics has a picture of Brad Bishops (OCA Editor) 1977 442, and now have added my car (for the trunk decal). My son was looking up 1976 442 and came across this. News to us. I knew Stencil & Stripes had the picture because they asked me for one and I sent it. Phoenix Graphics got the picture from Stencil & Stripes and changed the colour of my car. Green's not too shabby (but you can see the blue spoiler reflection in the bumper). Wished they had asked or at least offered me a free kit.

Original Picture (sent to Stencils & Stripes)

DSC_2231.jpg

Stencil and Stripes

http://www.stencilsandstripes.com/pr_olds.asp

Phoenix Graphics

http://www.phoenixgraphics.com/gm/7677olds.htm

Allan R

Hey, what can I say? They love your car as much as you do!

Why don't you send them an email and ask whassup? Did S&S give you any freebies?

442much

S&S didn't, but they asked to use the picture. I'm not mad or anything, I was just surprised when I saw it. When I had the car painted Tri-Star madefour decals incase they screwed up. They gave me the four leftovers, so I don't really need anymore. There is also a place in Sherwood Park that makes these now too. So, I can buy local in about 20 years when the car needs repainting.

Col Wickham

Send them an email and ask how come the reflection is blue.....just like your car

66ninetyeightls

That's copyright infringement and since you still have the original picture with all the matching reflections it would be very easy to win a case. I would at least shoot them an email.

Allan R

Does the Sh.Pk place also do striping? What's the place called?

442much

Don't know right off. I'll have to look it up. He was at the Powerama in April

Blk71SX

unless the op filed for copyrights of his photos he's sol.

publications and photos must be submitted along with the correct forms and fees to be copyrighted. art work, such as paintings, are automatically copyright protected as soon as the are signed by the artist.

http://www.copyright.gov/fls/fl107.html

Allan R

Supergraphics by any chance?

jensenracing77

i had Dirt Wheels magazine ask me if they could use one of my pictures in there magazine. i was happy to let them then when it was in the magazine it was a contest for people to send a funny caption for the picture. the winner got a 2 year subscription to the magazine and i got nothing. the picture was of a big crash i had and destroyed $800 in parts. i called them and ask if they could extend my subscription but they said no. the picture also turned up 3 years later in the ATVA news letter.

66ninetyeightls

Actually since he is a Canadian citizen and the picture was taken in Canada it is protected by the Canadian Copyright Law. Which states the photographer owns the copyright the instant the photograph is taken. There is no need to file any formal forms or papers.

ent72olds

Just for the record, I think your car looks better in blue!

PS- Changed up the avatar I see! Let me guess, you've always been a Habs fan...and in the 80's an OILERS fan, right....

442much

I don't want to sue anyone and I don't really care that they used the picture, I was just surprised to see the picture being used and thought it would be an interesting discussion. It was/is! Besides, there really is no harm being done, unless S&S says they had permission to use the picture (which is true) and they want Phoenix to stop using it. Phoenix could only have gotten it from S&S's website. As for me, I still consider "Sue" a noun, and not a verb.

442much

Never been an Oilers fan as my main team. Have been a Habs fan since I could walk. My oldest son is an Oilers fan. Use to take him to games when Montreal come to town and he said once, "Dad, you cheer for Montreal. It's ok if I cheer for Edmonton right? We'll still love each other?" I laughed and said "It's OK to cheer for your home team." I've bought my share of Oiler sweaters for the kids,but the only one I'll wear is the "Bleu, Blanc, Rouge of Les Canadien". The avatar will change back when the playoffs are done.

Allan R

So Ken, does that mean you're not shaving till then either?? No one on the end of the phone would know....

Yer gonna have to chat with your son though. I've been in Edmonton for coming on 47 years and I'm sorry, but when Puck sold out Gretz, that was the start of a slippery slope that just wouldn't stop. When you see them being outplayed by former Oilers on other teams, it really makes you wonder what their motivation is. For too many seasons I've not been let down by them. I bet they won't make the playoffs or win Lord Stanleys Cup. So far I'm 100%. (Sorry all you Oilers fans) Every time they start to get momemtum...something happens that just melts the ice under them. I'm not a Habs fan either, but I hope they can pull a wabbit out of their chapeau. The last game didn't look like they knew what they were doing.

stevengerard

Perfect answer

Indy_68_S

x2

Funny this topic came up...About 3-4 days ago I stumbled across this

I wonder if I have any recourse...

Hit this link
http://www.indymotorspeedway.com/500party.html
Scroll down to the 4 little pics for 1974, 1977, 1979 ,1980
Click the 1977 pic
Look to the far center right of the bottom '1982 Turn 4' pic.
The yellow K5 Blazer (actually was a '73 GMC Jimmy) is mine and I'm the middle guy of the 3 next to it.....

Ay-yi-yi...

lweinmunson

To further clarify the copyright status, any creative work is covered as soon as it's created. The registration at the copyright office is totally voluntary and does not change the actual copyright status. Every post made on a forum, every scribble in a notebook is copyrighted. Some web sites may have a TOS that says that they own then content, but that is basically transferring the copyright from you the creator to the web site to be published. So if 442much did want to pursue a copyright claim against the second company, Phoenix Graphics, he actually would have a case as he did not give them a copy of the picture or give his rights to the first company to transfer the picture to them. It would be a royal pain, and he would have to register his copyright before filing suit, but the picture is covered.

From the copyright.gov FAQ.
When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

agtw31

you watch too much tv.

66ninetyeightls

And you look funny... whats your point.

wjustinmartin

As a lawyer that works exclusively with intellectual property and media, you are right - protection exists from the moment of creation; must be registered to sue - however, there is a huge evidentiary problem in works registered post infringement, as a practical matter.

This is a car board - wen can I stop thinking like a friggin attorney?

lweinmunson

wjustinmartinNever If you could change the way you think that easily, you would either be the best lawyer ever or the worst.

What if he had say the camera that he took the picture with and the EXIF data embedded in the file matched the serial # for the camera? Would that clear one of the evidentiary hurdles?

agtw31

no

Olds64

I would be concerned if that happened to me. I would at least make a phone call and expect an apology from the owner of the website that used the photo without my permission.

Indy_68_S

Ha ! Its everywhere...Just stumbled across this....



at

http://www.vfnfiberglass.com/site.htm
(Pick 'Fiberglass Parts Catalog' & scroll down to Olds...)

442much

HEY! WHAT THE H E double hockey sticks is going on ????? I googled "1976 Oldsmobile 442" to see some other examples and mine poped up.... guess it's my own fault.