CafePress and image rights

[RandalPark@xxxxxxx]

I have seen many pictures of cars featured in photography books and elsewhere 
with no mention of permission from the manufacturers of those vehicles anywhere 
in the credits.

I once lent my car to an advertising company to make a commercial for Toro 
Outdoor Lighting. They featured the car, and put the commercial on TV without 
permission from Chrysler Corporation. 

This business about the calendar is totally absurd.

Paul

In a message dated 11/2/2003 5:02:09 PM Eastern Standard Time, 
StadtApoAchern@xxxxxxxxxxx writes:

> 
> 
> I'm in brand business and have many brands myself
> 
> Cafe press or beer press or tea press or milk press  -   forget! ...
> Copyright means the right for YOUR  personal work  -  if it is kind of WORK  
>...
> 100%. POINT.
> 
> Dietmar
> 1960 fds
> 
> 
> -----Original Message-----
> From: mailing-list-owner@xxxxxxxxxxxxxxxx
> [mailto:mailing-list-owner@xxxxxxxxxxxxxxxx]On Behalf Of Christopher Hoffman
> Sent: Sunday, November 02, 2003 10:11 PM
> To: mailing-list@xxxxxxxxxxxxxxxx
> Subject: Re: IML: CafePress and image rights
> 
> Mark McDonald (tomswift@xxxxxxxxxxxxx) wrote:
> > This is the heart of the question.  What is their specific objection?
> 
> Here is what CafePress says on their site:
> 
> "NO pictures or photographs of products (such as automobiles or toys). Even
> if you own a product, trademark laws still prohibit you from selling
> merchandise featuring pictures of it. For example, you cannot take a picture
> of your car and then sell t-shirts or mugs with that picture."
> 
> I imagine this is to prevent someone from selling something that promotes a
> current product, like a Dodge Viper t-shirt, without licensing the rights to
> the name and likeness. Then again, this happens all the time, though few big
> companies go after every little vendor of t-shirts and floor mats.
> 
> It cannot be that they are so misinformed to think that it's illegal to take
> a picture of anyone's car (yours or one parked in public) and then use that
> image for your own gain. Everyone owns the copyrights to pictures they take
> automatically (you don't have to register them, you can just claim the
> copyright), unless one is working for hire for someone else, in which case
> usage rights are usually negotiated beforehand. We do this all the time in
> the car-brochure business with our hired professional photographers, and
> it's amusing to see websites and car dealers use our shots without
> permission (OK, maybe amusing is not the right word!)...
> 
> Anyway, a picture of a classic car is not covered by the same issues (nor
> any used car... otherwise you could never put a photo in a for-sale ad!). I
> will contact CafePress on Leslie's behalf (with her permission already
> granted) and see how they respond. I'll keep the List posted...
> 
> Until then, perhaps we should hold off on the further discussion on this
> issue on the List.
> 
> Thanks, all.
> 
> Chris in LA
> 
> 
>