BMW own your photos...so they say...help!!!

[grafikfeat]

now if i could only get clients to pay for the use of my creative themes......

also important to note is the concept of "work for hire"

I hate the use of fake ads looking for freelancers to submit ideas as a "test".
Riiiight...

 

[grafikfeat]

fixed.

No.
That comment was copywritten.
You are in violation.
If I wanted 'Apple' I'd have said Apple.

 

[Visian]

You are in violation.

so sue me!

 

[grafikfeat]

so sue me!

-typical-

 

[marchyman]

This is why iTunes music downloads are encoded.

Used to be encoded. DRM (Digital Rights Management) was removed from the iTunes store a year and a half ago. You could buy some things without DRM long before that.

It wasn't until DRM was removed that I started making iTunes purchases. I'm on my 5th iPod/iPhone or computer device. It would have sucked greatly to have to re-purchase things when I go to device number 6.. 5 devices per track was the original magic number built into Apple's DRM.

The only thing encoded in current purchases is your email address. If something you purchase does show up on sharing sites Apple can tell where the original track came from.

 

[BACKROAD.ADV]

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:
--------------------------------------------------------------------------

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

Just a suggestion!

Though not desirable why not crop the picture so the BMW is no longer there. Publish your product and continue researching the trademark issues and go from there.

Personally I think it stinks. And in fact by showing the BMW in the picture is free advertising for them. But I guess they don't see it that way or …………..?

I guess I will be taking more pictures without my bike in them or will have to hide them under my bed with my Playboy Magazines

Backroad ADV

PS Maybe when I buy my next BMW I might ask the Dealer to remove all the BMW Logos from the bike and do NOT put that license plate border with your phone number and name on it unless you want to pay me! Life in the 21st century….

 

[grafikfeat]

Used to be encoded. DRM (Digital Rights Management) was removed from the iTunes store a year and a half ago. You could buy some things without DRM long before that.

It wasn't until DRM was removed that I started making iTunes purchases. I'm on my 5th iPod/iPhone or computer device. It would have sucked greatly to have to re-purchase things when I go to device number 6.. 5 devices per track was the original magic number built into Apple's DRM.

The only thing encoded in current purchases is your email address. If something you purchase does show up on sharing sites Apple can tell where the original track came from.

There is a very easy way to get around encoded music you buy.
I will not post how here.
I buy an album, back it up... Then remove the encoding and move on.
No biggie. And at .99?ó a song... A real bargain.

 

[ted]

Do you mean burn a CD then import as MP3? I learned to do that on the Apple support site, works like a charm

 

[globalrider]

Personally I think it stinks. And in fact by showing the BMW in the picture is free advertising for them. But I guess they don't see it that way or ..?

I'm glad I don't have people like those that make that kind of decision working for me, because they would be given their walking papers in a nanosecond.

And in the end, have BMW prove that that is a BMW in the photo. I'd rib them and tell them its impossible, its not at the side of the road with a FD failure.

 

[grafikfeat]

Do you mean burn a CD then import as MP3? I learned to do that on the Apple support site, works like a charm

Lets just say I figgered it out way back when as I had an old CD player in the car. Yes... Car.
So I converted them to AIFF for that purpose.
Later on I would make MP3's and realized the write protection was gone.

I didn't know that Apple had broadcast it.
So if you say you saw it on their site than I have no problem saying yeah, that's what I did.

It was also my understanding that not all content is DRM free.
Regardless. I don't rip off artists.

As for images...
Here is one to wrap your head around:
Any professional portrait of you, you do not ownÔÇö Unless you "buy the negative".
Now, being in the filmless/DigiAge that means... The rights too it.

 

[macfly]

I just skimmed this thread, and as a pro-photographer I think what the thread starter is up against isn't BMW NA or AG, it is Zazzle's own fear of retribution in providing a channel of monetizing something that could come back and bike them in the ass. However, would it? I seriously doubt it.

If you want to sell your images I'd suggest it is a far better idea to start your own site, and then link to it from all the other usual sources where your subject matter might be of interest. As beautiful as the image is I can't see you selling enough of them the threaten BMW's bottom line in any way.

The only thing I've ever heard them coming down on is logo 'theft' where people are selling stuff that looks like official BMW gear, but isn't. Your image doesn't look, or pretend to be official, so I would bet good money you'll never have an issue with BMW. Zazzle on the other hand, do seem to be a problem, but that is only because they are affraid of problems. Sadly we are living in a fear based world.

 

[bmwdean]

One possibility:

You were trying to sell your photos. That may have triggered the response.

I have posted hundreds of BMW motorcycle photos without any problem. But I am not attempting to sell any of them.

 

[bob1100rtc]

If your showing photos of a motorcycle that you bought and paid for,they should have no say so in what you do with the photos. Period. Thats like saying I can't post photos of my house. I bought and paid for my house. If I want to post photos, does my builder have the right to sue me? How about the people I bought the land from? How about the window and garage door manufacturer? I,m showing their product. Thats bull in my opinion and bmw should suffer for it until they come down off of their high horse.

 

[grafikfeat]

Follow the thread.