Kelly54487 2 Posted July 10, 2009 Hi, I have a question why do they put these images on a DVD for you to buy if you can't use them? And if you want to say for ex. for a race/stock car are you suppose to call the company to get there permission to do so? I have had to turn people down as well due to I don't want to get sued. ???Kelly Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted July 10, 2009 Why do they put them on CD to buy?? They are making alot of money from those cds from unsuspecting customers, who think they can resell the logos. you can use them, But not commercially, to have monetary gain. Share this post Link to post Share on other sites
FBRsportmod68 109 Posted July 10, 2009 so on your reciept bump the price on the graphics and text.........and put the copyrighted decal in as FREE Share this post Link to post Share on other sites
Guest round2racing Posted July 10, 2009 Or ..... Offer the graphic for .01 and bump up the shipping. That might work too........LOL Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted July 10, 2009 I think that .01 could actually get you in trouble. And you sure cannot do that on EBAY, that is circumvention of EBAY fees.. Share this post Link to post Share on other sites
lueman 19 Posted July 10, 2009 I hope I' in the right forum. Here goes! For all you who haven't seen the obvious yet, INFLATION is here and I haven't seen a great movement in product. Hope this dosen't mean stagflation, but just put all your cash reserves in gold, just in case. Share this post Link to post Share on other sites
Rodger 527 Posted July 10, 2009 so on your receipt bump the price on the graphics and text.........and put the copyrighted decal in as FREE I don't know & ultimately it would be a Judge deciding , but that might not protect you . Technicalities like that don't stop a lawsuit & it would be rolling the dice IMO hoping the Judge lets that win your case . I don't think it would win your case as the material & labor is making copyrighted stuff ...I think the futility of going after small businesses stops most suits , but as we have seen with Lara not all the time . Share this post Link to post Share on other sites
BannerJohn 1,324 Posted July 10, 2009 next time you watch a DVD...check out teh FBI warning. It specifically says "even if not for monetary gain'. In other words...copy it,and you break the law. 1 Share this post Link to post Share on other sites
lueman 19 Posted July 10, 2009 This doesn't sound like a valid case. Most large companies simply ask you to stop the practice. Also there is fair use laws - if you were simply advertising to a company rep in order to induce a sale then there is no case . Also the company can't sue for lawyer or origination fees, just on the profit the company would have made if you had been a licensed dealer - it doesn't include the the price to be a dealer because if it did the suit would be moot, you in effect would be a dealer if you paid the licensing fee, so again it just doesn't make sense. Share this post Link to post Share on other sites
lueman 19 Posted July 10, 2009 next time you watch a DVD...check out teh FBI warning. It specifically says "even if not for monetary gain'. In other words...copy it,and you break the law. BTW the FBI warning isn't actually written by the FBI it's a warning DVD companies are allowed to add to a DVD indicating what the FBI is capable of doing if you use copyrighted material. Also it's a criminal suit (jail time) not a civil suit, the infringed company must still file a separate suit and prove both that you committed the copyright infringement (a successful FBI criminal prosecution) and actual damages (again see my previous post). Gee I love Prema-facia laws! Share this post Link to post Share on other sites
BannerJohn 1,324 Posted July 10, 2009 the problem is that most Judges have no tech knowledge or true knowledge of trademark law. They listen to what the lawyers say.Same for Juries. Whichever lawyer has the most convincing line of crap wins. Witness the lady who is facing a $1,700,000 judgement for illegal downloading of songs..$80,000 per song. Or the teacher who was arrested and convicted a few years back over porn in the classroom...when someone clicked on a website and a hijacked browser started popping up porn...and she didn't know what to do...had been instructed NEVER to just unplug the computer. Expert witnesses testified that she had NEVER intentionally gone to a porn site...yet the idiot judge and idiot jury convicted her. So,essentially, it's not so much the law as the interpretaion of it by untrained or ignorant people. Or some a$$hole D.A. trying to make a name for himself. 1 Share this post Link to post Share on other sites
ruger 0 Posted July 20, 2009 Yea it happened to me too. I was selling Calvin peeing on ? and i got a C&D from some firm and they turned me into Ebay! WTF i buy calvin books or i did now i won't read it..lol I got it on a CD and thought i paid for the image but didn't ...at least that is what they told me! so now i had a cartoon peeing on calvin...hehehe Fight B&D!!! Share this post Link to post Share on other sites
ruger 0 Posted July 20, 2009 BTY, Rodger - unit # 982 please take that fly off from under your name as i have swatted at it no less that a dozen times!! lol Share this post Link to post Share on other sites
Rodger 527 Posted July 20, 2009 Ruger , LOL I will change it some time , but I am having fun for the time being . A member has it on a roadracing forum & I think it is hilarious . I think it is a figure 8 racer Share this post Link to post Share on other sites
Rob28x 0 Posted July 20, 2009 yep at first I was trying to get it off the monitor as well Share this post Link to post Share on other sites
laras4labs 4 Posted July 23, 2009 Hey everyone. Sorry it took me so long to reply. We went out of town then I got sick and ended up having my ruptured appendix removed and I've been too tired to even get on the computer. Not much said from the lawyer. Black and Decker keeps trying to settle for tons of money so we have decided to keep fighting and take it to court. We just can't justify settling for $2500 for something so small. Like I said before, I would rather pay a lawyer to fight than pay Black and Decker anything, especially after being setup. Share this post Link to post Share on other sites
tshirtn00b 12 Posted August 28, 2009 Any updates on the case? Hope you're feeling better! Share this post Link to post Share on other sites
NukleoN 34 Posted August 28, 2009 It's good to know copyright laws have teeth when we want to protect our original work, so there's a bright side. Share this post Link to post Share on other sites
NukleoN 34 Posted August 28, 2009 Yea it happened to me too. I was selling Calvin peeing on ? and i got a C&D from some firm and they turned me into Ebay! WTF i buy calvin books or i did now i won't read it..lol I got it on a CD and thought i paid for the image but didn't ...at least that is what they told me! so now i had a cartoon peeing on calvin...hehehe Fight B&D!!! This is Bill Watterson's work, and he never agreed to license this work, *especially* a peeing version of his main character, Calvin. People took his work anyway and yeah, I don't really think when you're buying a collection which includes 'Calvin peeing' that you've bought anything from Bill Watterson legally. It's a risky venture I guess. There's some gain but a lot of risk with copyrighted work. I'm an artist as well, and would be suing anyone using my work coz it would piss me off huge (especially since I am out of a job and have the time and inclination to pursue copyright infringement). Since I am not famous like Mr. Watterson I don't have to worry too much yet....but I am thankful that copyright laws have teeth. All of this in a way is a good thing for those of us creating original work. I hate to see small businesses suffer, but if someone copied my work and was selling it I would gladly pursue legal action to the fullest extent of the law. Share this post Link to post Share on other sites
BigDaddyChris 2 Posted August 29, 2009 If I were you I'd have to fight in court that: A. the client was a sponsored racer of dewalt and she claimed to have the rights to put her sponsors name on the car B. the actual damages to the dewalt company cannot exceed the value of the decal, refund the drivers money to dewalt. C. dewalt owes me money for the free advertising I was supplying them through an implied contract of their racer purchasing the sticker from my shop. (D) side note: I didnt know Dewalt was owned by black and decker! B&D makes crappy tools, I'd never consider buying a Dewalt Drill If I knew that! good thing its craftsman all the way for me! Share this post Link to post Share on other sites
Hippie459MN 6 Posted August 29, 2009 Yea it happened to me too. I was selling Calvin peeing on ? and i got a C&D from some firm and they turned me into Ebay! WTF i buy calvin books or i did now i won't read it..lol I got it on a CD and thought i paid for the image but didn't ...at least that is what they told me! so now i had a cartoon peeing on calvin...hehehe Fight B&D!!! This is Bill Watterson's work, and he never agreed to license this work, *especially* a peeing version of his main character, Calvin. People took his work anyway and yeah, I don't really think when you're buying a collection which includes 'Calvin peeing' that you've bought anything from Bill Watterson legally. It's a risky venture I guess. There's some gain but a lot of risk with copyrighted work. I'm an artist as well, and would be suing anyone using my work coz it would piss me off huge (especially since I am out of a job and have the time and inclination to pursue copyright infringement). Since I am not famous like Mr. Watterson I don't have to worry too much yet....but I am thankful that copyright laws have teeth. All of this in a way is a good thing for those of us creating original work. I hate to see small businesses suffer, but if someone copied my work and was selling it I would gladly pursue legal action to the fullest extent of the law. I agree with you 100% but back to original post, The person did a race car for someone and said that they wanted these certain decals as they were there sponsor. Now I would assume myself that it was ok to do and that the person had the rights to use the logos seeing that they were sponsors and therefor were to have the logos on the car as it is a means of advertisement for the company but turns out they were set up more less and got the bad end of the deal. Would be completely different if they were just outright making them to sell to the everyday consumer with no care but that wasn't the case here. I hope everything works out in there favor though. I hate to see this kind of stuff happen to an honest person/business. P.S. We want updates. Share this post Link to post Share on other sites
Rodger 527 Posted August 29, 2009 That is why Lara warned us ( Thanks Lara ) . It does not matter what anybody claims . Unless you have the written permission of the " owners " of the logo etc , it is not legal to make them . It was a VERY sick , slick setup that was put on Lara , a shame & I hope the person/people who set her up get what is due them morally . With all the blatant selling of illegal decals .. to go ask Lara for "certain" decals & ask for specific billing ... it is not right at all , even if it is legal . It seems someone had it in for her on a personal level . Share this post Link to post Share on other sites
vianyl 1 Posted August 31, 2009 I'm not done reading through this yet but if she came to you and paid you cash, did you give her a receipt? If not she would have a hard time in court proving you were the one who did the work unless she had some kind of video proof or a witness other then herself... Share this post Link to post Share on other sites
Hippie459MN 6 Posted August 31, 2009 I'm sure being an actual business (Not doing someone a favor/under the table side job/hobby) to an unknown/new client/customer I'm sure there was some type of receipt. Share this post Link to post Share on other sites
