Copyrighted Pictures..

[wyhdah]

Re: Copyrighted Pictures..

Well there is certainly a chasm (void) in how this thread started and where it is right now: sar included.

[wyhdah]

Re: Copyrighted Pictures..

What was the ORIGINAL question??.............I have lost track, with all this gibberish of road construction and parking issues. Will we ever find the yellowbrick road??????????

Dave

Dave I really don't know what I was thinking.

[David E. Wells]

Re: Copyrighted Pictures..

Well there is certainly a chasm (void) in how this thread started and where it is right now: sar included.

The thread started with how the NCAR could do a lot more to attract sponsors. BUT, if the artists (photographers,etc.) were burdened by licensing/copyright restraints, the sport would lose much needed exposure. Take it from there, I'm cooking dinner...D.

[wyhdah]

Re: Copyrighted Pictures..

The thread started with how the NCAR could do a lot more to attract sponsors. BUT, if the artists (photographers,etc.) were burdened by licensing/copyright restraints, the sport would lose much needed exposure. Take it from there, I'm cooking dinner...D.

But rather the "artists" burden the user of thier work with those same licensing/copyright restraints. :ducking: Not saying it's wrong just pointing it out.

[Leo]

Re: Copyrighted Pictures..

A pain it can be, but nothing compared to the loss of your work. I once sold a painting, made an OK amount on it. The new owner then had it printed, made a tidy sum from it. "Implied copyright" was'nt enough to stop it in this case and I've been very careful ever since.
I don't begrudge the photogs one bit for trying to make sure that any benefit from their work is theirs, as it should be.
I think it's a privilege for us to be able to see it here.

[wyhdah]

Re: Copyrighted Pictures..

It's no pain for me. I was asking strictly from the aspect of the aircraft owner. If you think this is not an issue take a look at this notice.

In a move that can only be described as 'Copyright Insanity', Form Motor Company now claims that they hold the rights to any image of a Ford vehicle, even if it's a picture you took of your own car. The Black Mustang Club wanted to put together a calendar featuring member's cars and print it through CafePress, but an attorney from Ford nixed the project, stating that the calendar pics and 'anything with one of (member's) cars in it infringes on Ford's trademarks which include the use of images of their vehicles.'"Although you and your members may own the Ford automobile, you do not own the rights to the trade dress. Taking pictures of any Ford automobiles, placing them on products (i.e. calendar, mugs, t-shirts, etc.) and making them available to the public for sale is an infringement of Ford's intellectual property rights."
"Because of the cachet of the world-famous Ford name, thousands of independent businesses and people make a living from or pursue a hobby related to Ford products and services. Unfortunately, many of these businesses improperly attempt to affiliate themselves with Ford by using Ford trademarks and trade dress (for instance, the depictions or photographs of Ford's distinctively shaped vehicles) in advertising their products and services."
"If a business not affiliated with Ford uses any Ford trademark, whether through the use of photographs, depictions or silhouettes, or any confusingly similar variation thereof, without Ford's express, written consent, then that business is violating Federal and state trademarks laws."
"It is also not sufficient for a business to state that it is not affiliated with Ford but continue to use Ford trademarks without permission. The business is still misappropriating the goodwill and reputation developed by Ford, and attempting to capitalize on or profit from Ford's goodwill and reputation. Even with the best of intentions, unauthorized use of another company's trademark is against the law."
"At times Ford enthusiasts question why Ford is so adamant about policing it's trademarks and preventing unauthorized uses or infringements of them. It is quite common for someone who is using a trademark without permission to say, "I'm giving Ford free advertising, so why does Ford care?" Ford cares because it is important that Ford be able to exercise control over the quality of the product or service bearing Ford's trademarks."
"To protect the value of its trademarks, Ford is obligated to object to and pursue unauthorized uses of its trademarks and trade dress, even if the use of the trademark or trade dress does not appear offensive or objectionable."

[Leo]

Re: Copyrighted Pictures..

Of course, there are always those that go TOO far...
I could see the Ford logo being protected.
Can you imagine if North American got a check for every Mustang picture? Maybe they should go after Ford for using THEIR name? Maybe I owe them money for using Ford 3 times just now...

[AAFO_WSagar]

Re: Copyrighted Pictures..

I think "Cobra" might have some potential input on the Ford copyright madness regarding the name of a certain car they build...

Cobra???

[David E. Wells]

Re: Copyrighted Pictures..

A pain it can be, but nothing compared to the loss of your work. I once sold a painting, made an OK amount on it. The new owner then had it printed, made a tidy sum from it. "Implied copyright" was'nt enough to stop it in this case and I've been very careful ever since.
I don't begrudge the photogs one bit for trying to make sure that any benefit from their work is theirs, as it should be.
I think it's a privilege for us to be able to see it here.

A Pain it is...and you had Every Right to Sue that guy. However, the value of your piece in printed form was diminished when each print wasn't countersigned by you, the artist...D.

[David E. Wells]

Re: Copyrighted Pictures..

But rather the "artists" burden the user of thier work with those same licensing/copyright restraints. :ducking: Not saying it's wrong just pointing it out.

That problem is solved by the purchaser Asking the Artist for permission to reproduce the item and acknowledging its origin. I generally Sign and Number the edition and require retention of the proofs and 5% of the projected retail revenue (Up Front), or, 5% of the actual product to sell at whatever price I set. Most always I receive the latter and sell them as Artists Proofs, usually remarqued and Highly Priced...D.

[wyhdah]

Re: Copyrighted Pictures..

Of course, there are always those that go TOO far...
I could see the Ford logo being protected.
Can you imagine if North American got a check for every Mustang picture? Maybe they should go after Ford for using THEIR name? Maybe I owe them money for using Ford 3 times just now...

[Leo]

Re: Copyrighted Pictures..

Which is what I do now. Most work is commissioned and never intended for reproduction, and my contract says as much. Neither of us have that right unless it is specified. Drawings I do for myself I do not worry about and if sold later are sold with the same stipulations. Some of the simpler illustration work is done with full rights to the purchaser.
I was young and stupid and just happy someone liked my work.
With all this electronic transfer, I can fully understand a photog's worry, sharing it with us should not be assumed to be the same as giving it away for any to do as they please.

[wyhdah]

Re: Copyrighted Pictures..

That problem is solved by the purchaser Asking the Artist for permission to reproduce the item and acknowledging its origin. I generally Sign and Number the edition and require retention of the proofs and 5% of the projected retail revenue (Up Front), or, 5% of the actual product to sell at whatever price I set. Most always I receive the latter and sell them as Artists Proofs, usually remarqued and Highly Priced...D.

That is exactly the kind of information I was looking for when I started this thread. Thanks David. Why is the subject not a consideration? Models get paid. It's not like we are talking about a vista. Is it because the photos are not the primary use of the aircraft?

[David E. Wells]

Re: Copyrighted Pictures..

That is exactly the kind of information I was looking for when I started this thread. Thanks David. Why is the subject not a consideration? Models get paid. It's not like we are talking about a vista. Is it because the photos are not the primary use of the aircraft?

I'm thinkin' about this...go back to that FORD Declaration. Art is Art and makin' money off someone elses product is another thing.

LEO...I'd Love to see your ART!

...D.

[TOR_DP]

Re: Copyrighted Pictures..

Pah.

The lavish life led by photographers...

Hmph.

Having been an infringer before...

Umm.

Fringe, originally designed to wick water away from textiles...

Er.


Crud, just can't get enough sarcasm going to post.