Mainstream Legal Question....Opinions - GoFuckYourself.com

wyldblyss · 12-28-2003, 09:29 AM

Ok, I would appreciate everyones honest opinion on this. I can't get into too much detail but tell me what you would suggest I do.

A large mainstream company hired a very well known design company to make something for them to promote their product. This promotional material is going all over the Internet. The product has literally sold millions.

Someone sent this promotional material to us when they recognized 3 images in it that belonged to us. Two of the images they kept exactly the way they were, one image was reversed.

The images in question were taken by us and since they are of something unique that we own there is no possiblity that they could belong to anyone else.

At no time did they contact us regarding using said images and we state that all the images appearing are our property etc.

I live in Canada, the company making the promotional material does not have a US or Canada office that I know of, but they have several all over the world. The company selling the product may not be based in Canada or the U.S. either but they distribute the product all over the world.

So, what would you suggest we do about this?

smproduction · 12-28-2003, 09:33 AM

Go to your lawyer and maybe you can get some bucks from it.
But I'm not the expert in that things

jimthefiend · 12-28-2003, 09:36 AM

Quote:

Originally posted by wyldblyss
Ok, I would appreciate everyones honest opinion on this. I can't get into too much detail but tell me what you would suggest I do.

A large mainstream company hired a very well known design company to make something for them to promote their product. This promotional material is going all over the Internet. The product has literally sold millions.

Someone sent this promotional material to us when they recognized 3 images in it that belonged to us. Two of the images they kept exactly the way they were, one image was reversed.

The images in question were taken by us and since they are of something unique that we own there is no possiblity that they could belong to anyone else.

At no time did they contact us regarding using said images and we state that all the images appearing are our property etc.

I live in Canada, the company making the promotional material does not have a US or Canada office that I know of, but they have several all over the world. The company selling the product may not be based in Canada or the U.S. either but they distribute the product all over the world.

So, what would you suggest we do about this?

forget about it

wyldblyss · 12-28-2003, 09:39 AM

Why shouldn't we at least make a stink abou it? They are using something that belongs to us to make a profit?

jimthefiend · 12-28-2003, 09:41 AM

Quote:

Originally posted by wyldblyss
Why shouldn't we at least make a stink abou it? They are using something that belongs to us to make a profit?

go for it, name names and make a stink.

making a stink is a hell of a lot different than trying to take legal action against someone over copyright violations in a foriegn country.

youre talking ALOT of expense.

and since they dont have canadian offices you likely cant touch them

wyldblyss · 12-28-2003, 09:48 AM

Thanks for the advice. I was put out because what they used happens to be something that is associated with our mainstream company and is easily recognized. By them using the images people may assume we are affiliated with them in some manner which we are not.

wyldblyss · 12-28-2003, 12:02 PM

Well, someone messaged me and after the conversation I realized I don't know what the hell I'm talking about =) They said I should post a tad more information.

The company: Major record label and yes, they do have offices in the U.S. (Sorry, didn't know my record labels )
The record they are promoting has sold a lot of copies, how many? haven;'t researched it much but at least 5 million. The song? Was #1 in Europe for over 10 weeks, in the Top 10 for much longer.

The company that took my images has done the same sort of promotion for pretty well every major artist in the US.

What kills me is the record industry flips out when people download an artists work rather than buying it, but they have no problem stealing my images to make more money.

Ludedude · 12-28-2003, 12:15 PM

I'd say you definitely have cause for legal action, problem is that is very expensive to pursue these things. Copyright violations can bring fines of up to $100,000 (I believe this is the right number) per occurence though, so it might be worth throwing a few bucks down that hole. $100,000 per record album cover. That's a lot of change.

It's also likely that it wasn't the record company itself that hijacked the image but rather their advertising agency.

I'm not an attorney so my real advice to you would be to consult one ASAP. Then you can make an educated decision and not one based on the results of an internet message board.

12-28-2003, 09:33 AM	#2
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12-28-2003, 12:15 PM	#8
Ludedude Suck it! Industry Role: Join Date: Jun 2001 Location: Who wants to know? Posts: 4,432	I'd say you definitely have cause for legal action, problem is that is very expensive to pursue these things. Copyright violations can bring fines of up to $100,000 (I believe this is the right number) per occurence though, so it might be worth throwing a few bucks down that hole. $100,000 per record album cover. That's a lot of change. It's also likely that it wasn't the record company itself that hijacked the image but rather their advertising agency. I'm not an attorney so my real advice to you would be to consult one ASAP. Then you can make an educated decision and not one based on the results of an internet message board. __________________

12-28-2003, 09:29 AM	#1
wyldblyss Confirmed User Join Date: Nov 2003 Location: The Buck Starts Here Posts: 5,779	Mainstream Legal Question....Opinions Ok, I would appreciate everyones honest opinion on this. I can't get into too much detail but tell me what you would suggest I do. A large mainstream company hired a very well known design company to make something for them to promote their product. This promotional material is going all over the Internet. The product has literally sold millions. Someone sent this promotional material to us when they recognized 3 images in it that belonged to us. Two of the images they kept exactly the way they were, one image was reversed. The images in question were taken by us and since they are of something unique that we own there is no possiblity that they could belong to anyone else. At no time did they contact us regarding using said images and we state that all the images appearing are our property etc. I live in Canada, the company making the promotional material does not have a US or Canada office that I know of, but they have several all over the world. The company selling the product may not be based in Canada or the U.S. either but they distribute the product all over the world. So, what would you suggest we do about this? Last edited by wyldblyss; 12-28-2003 at 09:32 AM..

12-28-2003, 09:39 AM	#4
wyldblyss Confirmed User Join Date: Nov 2003 Location: The Buck Starts Here Posts: 5,779	Why shouldn't we at least make a stink abou it? They are using something that belongs to us to make a profit?

12-28-2003, 09:48 AM	#6
wyldblyss Confirmed User Join Date: Nov 2003 Location: The Buck Starts Here Posts: 5,779	Thanks for the advice. I was put out because what they used happens to be something that is associated with our mainstream company and is easily recognized. By them using the images people may assume we are affiliated with them in some manner which we are not.

12-28-2003, 12:02 PM	#7
wyldblyss Confirmed User Join Date: Nov 2003 Location: The Buck Starts Here Posts: 5,779	Well, someone messaged me and after the conversation I realized I don't know what the hell I'm talking about =) They said I should post a tad more information. The company: Major record label and yes, they do have offices in the U.S. (Sorry, didn't know my record labels ) The record they are promoting has sold a lot of copies, how many? haven;'t researched it much but at least 5 million. The song? Was #1 in Europe for over 10 weeks, in the Top 10 for much longer. The company that took my images has done the same sort of promotion for pretty well every major artist in the US. What kills me is the record industry flips out when people download an artists work rather than buying it, but they have no problem stealing my images to make more money.