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Offline tdc911


  • Joined: Apr 2006

  • Location:
  • Drives:
Some further info (mainly for Daves benefit):

As you've been made aware, Redbubble has moderated the content that was reported in accordance with our IP/Publicity Rights Policy, the content of which was named and described in a complaint received from Bayerische Motoren Werke Aktiengesellschaft (BMW AG) and BMW Australia Ltd  regarding works on display and sale on Redbubble they allege infringe (but not limited to):

BMW
The BMW word mark The BMW roundel marks, The BMW Motorsport work mark, the M device marks, the M Power mark

MINI
The Mini Cooper word mark, The Mini device marks

ROLLS-ROYCE
Spirit of Ecstasy Marks, Rolls-Royce word marks, Rolls-Royce trade marks


Can you repost the offending photos? The links you posted earlier are no longer working.



Offline looney


  • Joined: Mar 2007

  • Drives: VW Beetle
This is getting stupid, just got the following:


We have removed the following content from Redbubble in response to past complaints from Bayerische Motoren Werke Aktiengesellschaft (BMW AG) and BMW Australia Ltd, the claimed owner or licensee of related intellectual property and in accordance with Redbubble's IP/Publicity Rights Policy:

BMW E92 M3: http://www.redbubble.com/works/show/13151426
BMW E90 M3: http://www.redbubble.com/works/show/20080945
BMW F80 M3: http://www.redbubble.com/works/show/13151340
Rolls-Royce Wraith: http://www.redbubble.com/works/show/13151407

If you believe that removal of the above content is the result of a mistake (for example, that you have authorization to use the relevant content from the content owner) or misidentification, you can send us a counter notice.



I think I'm going to pursue it this time, starting to shit me.


So is this to say they can now copyright the visage of their vehicles now? 

Or is it that youncannot photograph the badges?

Either way that is plain stupidity.

What next,  signing an nda when you buy a car so you can't tell people you own it?



Offline OzCarSightings

  • Will eat your baby
  • Photographer

  • Joined: May 2006

  • Drives: GenF HSV/Golf R32/motorbike
  • Location: Perth
  • www: JanGlovac.com

So is this to say they can now copyright the visage of their vehicles now? 

Or is it that youncannot photograph the badges?

Either way that is plain stupidity.

What next,  signing an nda when you buy a car so you can't tell people you own it?

Yep, stupid.

It seems if I photoshop out the badges/logos and don't mention "BMW" in the title it will be fine.

However, when a magazine pays me for the photos (the E92 and E90 shots appeared in UK mags) there is no issue?

Can you repost the offending photos? The links you posted earlier are no longer working.

Yeah, they took them down already.

Here you go.

What are your thoughts on the matter?

Image

Image

Image

Image



Offline dkabab

That's a bit OTT. I would understand badge photos, but surely that's not even close



Offline looney


  • Joined: Mar 2007

  • Drives: VW Beetle
Time to start fitting cars with these instead then

Image
Image
Image



Offline 360c

  • 300kph+ club
  • Drug Dealer

  • Joined: Apr 2006

  • Drives: Purple People Eater
That's a bit OTT. I would understand badge photos, but surely that's not even close

Initially I thought they are probably just throwing their weight around as usual. Now I have seen the pictures I think I can see where they are coming from. I think the salient points from their point of view might be:

1) The pictures contain nothing else besides the cars themselves and therefor the cars are the critical element of the product.
2) You are selling the pictures of their product containing their trademarks. In other words you are using their intellectual property for financial gain without their permission.

Now if say you had a picture of the Rolls Royce parked outside the Melbourne stock exchange with a stream of people walking past, you could argue that the car was merely one component of the picture and there were multiple components that made up the product being sold. The final product is a result of the artistic skill involved in putting all the components in context and the resultant image as a whole is what is being sold for financial gain.
Further to that I imagine you could argue that the car was parked in a public area and it is therefore perfectly legal to take the photo.

Maybe I am way off base; but that is how I see it.



Offline OzCarSightings

  • Will eat your baby
  • Photographer

  • Joined: May 2006

  • Drives: GenF HSV/Golf R32/motorbike
  • Location: Perth
  • www: JanGlovac.com

1) The pictures contain nothing else besides the cars themselves and therefor the cars are the critical element of the product.
2) You are selling the pictures of their product containing their trademarks. In other words you are using their intellectual property for financial gain without their permission.


Valid points.

But the thing that confuses me is, why can I sell the photos to a magazine for financial gain. The magazine then also uses them for financial gain.



Offline 360c

  • 300kph+ club
  • Drug Dealer

  • Joined: Apr 2006

  • Drives: Purple People Eater
Valid points.

But the thing that confuses me is, why can I sell the photos to a magazine for financial gain. The magazine then also uses them for financial gain.


Beats me. Maybe because they are used in road tests that advertise the car ?



Offline Fortis

  • 300kph+ club

  • Joined: Mar 2010

  • Location:
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Valid points.

But the thing that confuses me is, why can I sell the photos to a magazine for financial gain. The magazine then also uses them for financial gain.

They gain by their product being advertised/talked about in the magazines.



Offline looney


  • Joined: Mar 2007

  • Drives: VW Beetle
Yep, stupid.

It seems if I photoshop out the badges/logos and don't mention "BMW" in the title it will be fine.


I forsee some photo shopping in your future.  Id make a point of doing it just to stick it to them.  What assholes

This is as bad as Ferrari and their BS



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