Why is ECKLERS using my images without asking me?
Thread Starter
Melting Slicks
Joined: Dec 2004
Posts: 2,101
Likes: 3
From: Cruising somewhere in St. Louis, Missouri
Why is ECKLERS using my images without asking me?
and here's my car....
The car is also in "MY Corvette Photos" to the left under my Avatar.
Shouldn't they ask me before using my image? I feel violated..
Here's there website. http://www.ecklers.com
jim
Last edited by luerja; Dec 9, 2005 at 01:02 AM.
Melting Slicks
Joined: Jul 2002
Posts: 3,128
Likes: 3
From: Deltona (son of Deland and DAYTONA) FL
no doubt about it... the relfections, letting on the tires in the same position.. that's the same photo in your post, with the background edited out. I'm not sure of the legal obligations, seems like they should've asked permission.
Drifting
Joined: Dec 2002
Posts: 1,861
Likes: 2
From: New Zealand
......I'd feel violated and honored at the same time......of course I'd also question why they picked my Vette in the first place....... 
There are copyright laws for the internet, and although the arguments are new, you can't just use any photo available...I researched this when I was running my own website......most of the bigger sites, like ABC news, etc, are protected by their on line policies.........The Corvette Forum may have a policy or need to adopt one, because I've seen other members cars used in the same way........
You can put up a fuss, but they'll probably remove the photo and use another one...
.......with some well placed diplomacy, you could contact their marketing people and ask for some free parts or an extra discount...not that your Vette looks like it needs anything.....but it may help you feel un-violated.....
There are copyright laws for the internet, and although the arguments are new, you can't just use any photo available...I researched this when I was running my own website......most of the bigger sites, like ABC news, etc, are protected by their on line policies.........The Corvette Forum may have a policy or need to adopt one, because I've seen other members cars used in the same way........
You can put up a fuss, but they'll probably remove the photo and use another one...
.......with some well placed diplomacy, you could contact their marketing people and ask for some free parts or an extra discount...not that your Vette looks like it needs anything.....but it may help you feel un-violated.....
Thread Starter
Melting Slicks
Joined: Dec 2004
Posts: 2,101
Likes: 3
From: Cruising somewhere in St. Louis, Missouri
Originally Posted by standup
......I'd feel violated and honored at the same time......of course I'd also question why they picked my Vette in the first place.......
There are copyright laws for the internet, and although the arguments are new, you can't just use any photo available...I researched this when I was running my own website......most of the bigger sites, like ABC news, etc, are protected by their on line policies.........The Corvette Forum may have a policy or need to adopt one, because I've seen other members cars used in the same way........
You can put up a fuss, but they'll probably remove the photo and use another one...
.......with some well placed diplomacy, you could contact their marketing people and ask for some free parts or an extra discount...not that your Vette looks like it needs anything.....but it may help you feel un-violated.....
There are copyright laws for the internet, and although the arguments are new, you can't just use any photo available...I researched this when I was running my own website......most of the bigger sites, like ABC news, etc, are protected by their on line policies.........The Corvette Forum may have a policy or need to adopt one, because I've seen other members cars used in the same way........
You can put up a fuss, but they'll probably remove the photo and use another one...
.......with some well placed diplomacy, you could contact their marketing people and ask for some free parts or an extra discount...not that your Vette looks like it needs anything.....but it may help you feel un-violated.....
I was on there trying to buy some fiberglass sidepipe covers for my convertible and my login didn't work, so i decided to close all browsers and start from the main page and there it was.
I will call them tomorrow and see if i can get an extra discount for the side pipe covers.
just seems like they should have ask me first...
Jim
Last edited by luerja; Dec 9, 2005 at 01:38 AM.
Safety Car
Joined: Mar 2005
Posts: 3,503
Likes: 2
From: Raleigh NC
I like Ecklers--but they violated you here. They owe you some compensation. Up to $150,000--you can claim all their profits for C3 parts sold during the time your car image was displayed. If that's been awhile, you need a lawyer. Do printscreens of what they did. "Fair Use" does not apply because they are a commercial business.
This is a serious. Businesses should not do this--imagine what Ecklers would do to you if YOU used their imagery in your business!
You do have them by the ***** here though. I am sure that if they had asked, you would have been glad to let them use your image--I would have. However, think of the difference of dating vs. raping a woman--having permission makes all the difference--there you go.
Do they advertise on this forum? If so, you need to demand their advertising suspension here until this matter is resolved--that will show them that their reputation is in serious jepordy.
MODERATORS TAKE NOTE!
TITLE 17 > CHAPTER 5 > § 504 Prev | Next
§ 504. Remedies for infringement: Damages and profits
Release date: 2005-08-01
(a) In General.— Except as otherwise provided by this title, an infringer of copyright is liable for either— (1) the copyright owner’s actual damages and any additional profits of the infringer, as provided by subsection (b); or (2) statutory damages, as provided by subsection (c). (b) Actual Damages and Profits.— The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer’s profits, the copyright owner is required to present proof only of the infringer’s gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work. (c) Statutory Damages.— (1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work. (2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200. The court shall remit statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107, if the infringer was: (i) an employee or agent of a nonprofit educational institution, library, or archives acting within the scope of his or her employment who, or such institution, library, or archives itself, which infringed by reproducing the work in copies or phonorecords; or (ii) a public broadcasting entity which or a person who, as a regular part of the nonprofit activities of a public broadcasting entity (as defined in subsection (g) of section 118) infringed by performing a published nondramatic literary work or by reproducing a transmission program embodying a performance of such a work. (d) Additional Damages in Certain Cases.— In any case in which the court finds that a defendant proprietor of an establishment who claims as a defense that its activities were exempt under section 110 (5) did not have reasonable grounds to believe that its use of a copyrighted work was exempt under such section, the plaintiff shall be entitled to, in addition to any award of damages under this section, an additional award of two times the amount of the license fee that the proprietor of the establishment concerned should have paid the plaintiff for such use during the preceding period of up to 3 years.
This is a serious. Businesses should not do this--imagine what Ecklers would do to you if YOU used their imagery in your business!
You do have them by the ***** here though. I am sure that if they had asked, you would have been glad to let them use your image--I would have. However, think of the difference of dating vs. raping a woman--having permission makes all the difference--there you go.
Do they advertise on this forum? If so, you need to demand their advertising suspension here until this matter is resolved--that will show them that their reputation is in serious jepordy.
MODERATORS TAKE NOTE!
TITLE 17 > CHAPTER 5 > § 504 Prev | Next
§ 504. Remedies for infringement: Damages and profits
Release date: 2005-08-01
(a) In General.— Except as otherwise provided by this title, an infringer of copyright is liable for either— (1) the copyright owner’s actual damages and any additional profits of the infringer, as provided by subsection (b); or (2) statutory damages, as provided by subsection (c). (b) Actual Damages and Profits.— The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer’s profits, the copyright owner is required to present proof only of the infringer’s gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work. (c) Statutory Damages.— (1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work. (2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200. The court shall remit statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107, if the infringer was: (i) an employee or agent of a nonprofit educational institution, library, or archives acting within the scope of his or her employment who, or such institution, library, or archives itself, which infringed by reproducing the work in copies or phonorecords; or (ii) a public broadcasting entity which or a person who, as a regular part of the nonprofit activities of a public broadcasting entity (as defined in subsection (g) of section 118) infringed by performing a published nondramatic literary work or by reproducing a transmission program embodying a performance of such a work. (d) Additional Damages in Certain Cases.— In any case in which the court finds that a defendant proprietor of an establishment who claims as a defense that its activities were exempt under section 110 (5) did not have reasonable grounds to believe that its use of a copyrighted work was exempt under such section, the plaintiff shall be entitled to, in addition to any award of damages under this section, an additional award of two times the amount of the license fee that the proprietor of the establishment concerned should have paid the plaintiff for such use during the preceding period of up to 3 years.
Last edited by PhotoVette1; Dec 9, 2005 at 06:21 AM.
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Safety Car
Joined: Mar 2005
Posts: 3,503
Likes: 2
From: Raleigh NC
Originally Posted by 7d2 vette
are you ****tin me my ***** would be big as hell be proud and i dont think they owe you nothin my2cents
I would send them a certified letter explaining that situation and asking them to provide you with fair compensation.
Melting Slicks
Joined: Feb 2001
Posts: 3,330
Likes: 13
From: Europe , Luxembourg
Hi
Also this is a marvelous car, I think Ecklers should have used a original car and this for every modell.
If they realy wanted a side exhaust C3, they should use a 69. Definately enough pics of them around.
All the big Vette shops seem to make mega money on original appearing parts, so they should stick to this idea also in their advertisement.
Just ask Ecklers , may be if your a client of them, they somehow have the right to use your pics. ( is there any small print on their order forms ? ).
I would be proud if they used my car , don't think they will compenaste anything.
Good luck. Günther
Also this is a marvelous car, I think Ecklers should have used a original car and this for every modell.
If they realy wanted a side exhaust C3, they should use a 69. Definately enough pics of them around.
All the big Vette shops seem to make mega money on original appearing parts, so they should stick to this idea also in their advertisement.
Just ask Ecklers , may be if your a client of them, they somehow have the right to use your pics. ( is there any small print on their order forms ? ).
I would be proud if they used my car , don't think they will compenaste anything.
Good luck. Günther
Le Mans Master
Joined: Sep 2002
Posts: 6,689
Likes: 0
From: Michigan
St. Jude Donor '15
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Instructor
Joined: Sep 2005
Posts: 233
Likes: 0
From: Merritt Island FL
i have a two tone 81 that some one painted torch red its red on red .
any way i was at ecklers ordering parts and some one said whos red c3 is that i said me he said i would like to take pics of your car i said ok and he gave me his card i bin to tied up with work to call him but will soon.
if you want his name and title email me at flatsred@bellsouth.net
by the way your car is hot
any way i was at ecklers ordering parts and some one said whos red c3 is that i said me he said i would like to take pics of your car i said ok and he gave me his card i bin to tied up with work to call him but will soon.
if you want his name and title email me at flatsred@bellsouth.net
by the way your car is hot
Pro
Joined: Aug 2003
Posts: 677
Likes: 5
From: Cary North Carolina
Originally Posted by 7d2 vette
are you ****tin me my ***** would be big as hell be proud and i dont think they owe you nothin my2cents
I would be E-mailing that link to everybody I knew. Then I would have posted quite a different thread here.
I guess I don't understand, you posted your picture on a public domain forum without a Copyright notice and expect compensation if it's used in someone's advertisement. It looks like you assigned your rights to Ryan Adams or Troy Roberts anyway.
Ecklers might be willing to give you 10% off your purchase.
All that being said I would like to officially state that any picture I post on this forum can be used by anyone for any purpose.
Racer
Joined: Jun 2005
Posts: 460
Likes: 0
From: Point Pleasant NJ
Originally Posted by supercalvin
^
^^
^ ^
How many of you read all that word for word?
^^
^ ^
How many of you read all that word for word?
and i mean ... just me... if my vette looked like that.. and they used my pic...
i would have a poster size of thier add over my bed.... 
Le Mans Master
Joined: Oct 2004
Posts: 5,269
Likes: 54
From: Orlando Florida
St. Jude Donor '05
They should have asked, if you use one of their images for your business they'd be involving their lawyers asap....
I'd ask them for the sidepipes AND covers at no charge
I'd ask them for the sidepipes AND covers at no charge