HomeGrownVintage "borrowing" images

[4815162342]

HomeGrownVintage has apparently ... borrowed (without asking) ... the image of my Mello Mint wrapper to sell clocks, pillows, t-shirts, and canvases (or is it canvaii?).

http://www.zazzle.com/homegrownvintage/mello%20mint

There's also other items that are probably created from images "borrowed" from other Net54 members. How can they get away with this?

homegrownvintage.jpg

[jhs5120]

Actually, I kind of like that pillow

[4815162342]

Originally Posted by jhs5120

Actually, I kind of like that pillow

Yeah, me too.

[soccersaver97]

Tell him he may use it only if he gives you a pillow

[Wite3]

David Cycleback might be able to shed some light on the ownership and use of images, I would contact him.

Joshua

[DaveW]

Just curious - how do you know that is your Mello-Mint image?

[HRBAKER]

Is there a harmed party here?

[steve B]

Originally Posted by HRBAKER

Is there a harmed party here?

Whoever buys that stuff for those prices.

$20 for a coffee cup!?

Steve B

[4815162342]

Originally Posted by DaveW

Just curious - how do you know that is your Mello-Mint image?

[4815162342]

Originally Posted by HRBAKER

Is there a harmed party here?

Not really. But should someone be able to sell items with images that they don't own without asking? If he would have asked, I would have been fine with it.

[HRBAKER]

Originally Posted by steve B

Whoever buys that stuff for those prices.

$20 for a coffee cup!?

Steve B

Good point but one might say self-induced.

[DaveW]

OK, thanks. It does look like yours. I wonder why they didn't use Photoshop to clean up some of the stains/fold lines, etc?

[bn2cardz]

Just contact Zazzle. I saw on another message board where someone was granted the royalties of sales due to someone doing this.

Also from Zazzles user agreement:

In using this Site, you agree to not:...upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or designs that you've copied from a website without written permission from the owner. You cannot create a "new" image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;

[4815162342]

Thanks Andy - I contacted them.

[Leon]

At worst it is illegal (might be a tough case) and at best it is unethical to do without asking.

[thecatspajamas]

Daryl, have you contacted the seller and asked them to stop using the image or at least provide some explanation?

[4815162342]

Now the same guy is selling fantasy cards on eBay. I sent him a message but he never responded.

http://www.ebay.com/itm/Ty-Cobb-Bat-...-/121468183317

[Ladder7]

Ask if he wants to see some pics of his girlfriend.

[baseballart]

Originally Posted by Leon

At worst it is illegal (might be a tough case) and at best it is unethical to do without asking.

I'm not sure why it would be tough case. I can't advise on copyright law in the US (well, I could, but I'm not insured for it ), but we've sent out cease and desist letters to websites that have been improperly using our images, and the website has immediately removed them upon proof that we had copyright in the image.

[darkhorse9]

This is an interesting issue. Technically Daryl doesn't own the copyright on the image, but he does own the copyright on the photograph of the image. Any photo rights are granted to the person who takes the picture. If he can prove that they used his actual photograph (scan/picture/whatever) he might be able to get some ground with it.

Think of it this way. If I go to a concert and took a video of the Eagles singing Hotel California, I am free to do whatever I want with that video. Sell it, trade it etc. I own the video, even though I don't own the rights to the song. The caveat would be if the venue/artist makes a condition of contract (ticket purchase) that there be no video or photos taken during the show. They can sue you for violating that agreement and confiscate the material, but only for violating the agreement not the songwriting copyright.

That being said, whomever is the owner of the Mello Mint estate/trademark has more of a claim. My guess is that has expired into public domain, therefore it comes under fair use domain.

[swarmee]

Originally Posted by darkhorse9

That being said, whomever is the owner of the Mello Mint estate/trademark has more of a claim. My guess is that has expired into public domain, therefore it comes under fair use domain.

This was my thought as well. If the picture took artistic license, then I believe it may be covered. But then you'd have to also establish that you wanted to provide some protection to the item, by listing it with (R) or (C). If not, I would think that since the wrapper is older than Mickey Mouse, it would be in the public domain.