SimonThomas
New member
OK, so i need the collective input of any members to what I can only see as bizarre but potentially dire issue that will effect any inmate that posts a picture of their motorcycle. If BMW have their way it looks like every photo on this site (of a BMW bike) and others will be removed.1 1. Think I'm being over the top. Read on.
Like most I understand the right and the need for companies both large and small to protect the trademark and products from exploitation, BMW seem to have taken their 'assumed rights' to a new level.
The background: My wife and I are on a bike trip, we've taken some nice photos on our trip, some of them have our bikes in them. Well they would wouldn't they! You know the one's, one rider heading up a road (a public road), a nice bit of landscape etc, etc.
We've opened an account with a internet based publisher called 'zazzle', created a few poster prints in the hope of selling our photography.
It's key to know that in NO WAY do we suggest, claim, elude to to imply that we have connection to BMW AG in these photos or in the promotion of them.
Last night we received this email:
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Response (Mike) - 08/09/2010 04:19 PM
Hello Zazzler,
Thank you for being a Seller at Zazzle.com!
We would love to offer every design that our users submit, however we must abide by all applicable laws and standards as well as our own content guidelines and copyright policies.
Unfortunately, it appears that your product did not meet Zazzle Acceptable Content Guidelines. Specifically, your product infringes upon the intellectual property rights of BMW AG. All elements including names, car/motorcycle models, logos, and actual cars/motorcycles.
We have been contacted by BMW AG, and at their request, have removed the product from the Zazzle Marketplace.
We are sorry for any disappointment, but hope you will understand our position in this regard. For future reference, please review Zazzle Acceptable Content Guidelines at: http://zazzle.custhelp.com/app/answers/detail/a_id/143.
If you have any further questions, please don't hesitate to contact us.
Thanks for using Zazzle. We look forward to seeing more of your creative designs!
Best Regards,
Mike
Content Management Team
Zazzle, Inc.
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BMW AG like a few other large automotive firms are basically claiming that the representation and or imagery of a vehicle they produced cannot be used without their express permission and in fact all photographs or likenesses created based on the recognizable shape of a BMW vehicle is in fact their intellectual property.
Here is the photo that BMW is claiming is their intellectual Property and has now been removed from my zazzle account
Does anyone have any experience with this?
If BMW are correct then, any photos, images and even video posted here or anywhere else is in fact theirs and not yours, even though you own the vehicle.
Help and advice would be really appreciated!
All the best
Simon
Like most I understand the right and the need for companies both large and small to protect the trademark and products from exploitation, BMW seem to have taken their 'assumed rights' to a new level.
The background: My wife and I are on a bike trip, we've taken some nice photos on our trip, some of them have our bikes in them. Well they would wouldn't they! You know the one's, one rider heading up a road (a public road), a nice bit of landscape etc, etc.
We've opened an account with a internet based publisher called 'zazzle', created a few poster prints in the hope of selling our photography.
It's key to know that in NO WAY do we suggest, claim, elude to to imply that we have connection to BMW AG in these photos or in the promotion of them.
Last night we received this email:
--------------------------------------------------------------------------
Response (Mike) - 08/09/2010 04:19 PM
Hello Zazzler,
Thank you for being a Seller at Zazzle.com!
We would love to offer every design that our users submit, however we must abide by all applicable laws and standards as well as our own content guidelines and copyright policies.
Unfortunately, it appears that your product did not meet Zazzle Acceptable Content Guidelines. Specifically, your product infringes upon the intellectual property rights of BMW AG. All elements including names, car/motorcycle models, logos, and actual cars/motorcycles.
We have been contacted by BMW AG, and at their request, have removed the product from the Zazzle Marketplace.
We are sorry for any disappointment, but hope you will understand our position in this regard. For future reference, please review Zazzle Acceptable Content Guidelines at: http://zazzle.custhelp.com/app/answers/detail/a_id/143.
If you have any further questions, please don't hesitate to contact us.
Thanks for using Zazzle. We look forward to seeing more of your creative designs!
Best Regards,
Mike
Content Management Team
Zazzle, Inc.
--------------------------------------------------------------------------
BMW AG like a few other large automotive firms are basically claiming that the representation and or imagery of a vehicle they produced cannot be used without their express permission and in fact all photographs or likenesses created based on the recognizable shape of a BMW vehicle is in fact their intellectual property.
Here is the photo that BMW is claiming is their intellectual Property and has now been removed from my zazzle account
Does anyone have any experience with this?
If BMW are correct then, any photos, images and even video posted here or anywhere else is in fact theirs and not yours, even though you own the vehicle.
Help and advice would be really appreciated!
All the best
Simon