American Muscle Can kiss Both Sides Of My…

[roadpilot]

The fact is, by changing the color it’s not any kind of infringement.

there is a legal percentage, they made more than enough changes to the original

Nope. Changing colors doesn't transform it enough. Legally speaking, there is also no specific 'percentage' of change, per se, either.

See Cariou v. Prince, 714 F.3d 694 (2d Cir. 2013) as well as Kienitz v. Sconnie Nation, 766 F.3d 756 (7th Cir. 2014)

Further ...

Under 17 U.S.C. § 501, an artist who copies a copyrighted artwork commits copyright infringement because the artwork they copied qualifies as a “pictorial” work of art under §102. However, it is important to know whether the designs that the artist copies are registered with the U.S. Copyright Office.

Unregistered designs do have rights under copyright law. Yet, while registration is voluntary, and copyright exists from the moment the work is created, the design does need to be registered to bring a lawsuit for infringement of work.

More specifically, to bring a lawsuit to enforce the copyright, you need a copyright application with the US Copyright Office—there is no common law right to sue for copyright infringement. If the image is registered, then its owner also has rights to “derivative work” under §101 and §106, so the artist who copied the image does not have the right to create and sell their derivative work.

Summary: You're welcome to try to get something out of them, but they don't HAVE to. Usually, they throw bones just to avoid any bad presss/reviews.

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[CPT_RSV]

If someone republished one of my photos, I would say.
Thank you

If someone republished one of my photos, I would say.
Thank you

I’m sure you would.

 

[CPT_RSV]

Nope. Changing colors doesn't transform it enough. Legally speaking, there is also no specific 'percentage' of change, per se, either.

See Cariou v. Prince, 714 F.3d 694 (2d Cir. 2013) as well as Kienitz v. Sconnie Nation, 766 F.3d 756 (7th Cir. 2014)

Further ...

Under 17 U.S.C. § 501, an artist who copies a copyrighted artwork commits copyright infringement because the artwork they copied qualifies as a “pictorial” work of art under §102. However, it is important to know whether the designs that the artist copies are registered with the U.S. Copyright Office.

Unregistered designs do have rights under copyright law. Yet, while registration is voluntary, and copyright exists from the moment the work is created, the design does need to be registered to bring a lawsuit for infringement of work.

More specifically, to bring a lawsuit to enforce the copyright, you need a copyright application with the US Copyright Office—there is no common law right to sue for copyright infringement. If the image is registered, then its owner also has rights to “derivative work” under §101 and §106, so the artist who copied the image does not have the right to create and sell their derivative work.

Summary: You're welcome to try to get something out of them, but they don't HAVE to. Usually, they throw bones just to avoid any bad presss/reviews.

Thank you for taking the time to write this. It definitely gave more insight into how it works from a legal standpoint. And although I had no intention of lawyering up over a pic I took at the local gas station getting published on American Muscle’s catalog, I did feel compelled to say something and still do. I’ve read that they periodically have competitions for car owners to get one of their pictures published, and I think what they did in this case was really shitty. I must say, It’s been interesting to see the different responses on the subject throughout this post. Some adamantly stated it was plagiarism that warranted legal action, others believed I should’ve thanked them. I wonder if the latter group wrote a song or a book that was later used by another artist without their permission, or even a credit, would thank the ones who plagiarized their work. I suppose it’s easy to play armchair quarter back when you have no skin in the game. In any case, thanks again.

 

[DevilDog]

My dream years ago was to have a magazine article done on my '98 Corvette, which I poured my heart and soul into over a period of about 18-years, not to mention the thousands of dollars I put into it. I came close a couple of times, but never succeeded in having anything published. Pictures of my car did appear randomly on some car websites. Never gave any thought about how they got the pictures or how they used them, I was just flattered that they had used them.

 

[radar]

A pic I shot of my 17 vert featured on 6g. Interstate car club asked me if they could use it on their club banner

 

[kinelisch]

After reading all these comments on this thread, I agree with most of you. There must be some fine print somewhere that allows them to use pictures you submitted onto their AM site. I would reach out for a gift certificate or something just in case.

 

[Ewheels]

I also posted it at American Muscle

This right here.....You gave them permission to do whatever they want with it.

I would bet money they have a clause in the fine print that states any picture posted to their site gives them permission to use it for advertising purposes.

 

[BrownsReds]

It's been 2 days. Have reached out to them?

 

[LETHAL]

Driver mirror still looks blue... LOL

 

[Ndangrd5.0]

unbelievable, it’s a picture of a car? Am I missing something? Or were just boarded?

 

[CPT_RSV]

Driver mirror still looks blue... LOL

Yeah, maybe that was my credit?

 

[samson]

Wow! This is crazy man! I mean shit if they are going to rip you off and steal your picture the LEAST they could do is leave the color alone (and give you some damn credit). That's low!

 

[UniqueDoug]

lurk

 

[Alan Applegate]

A thought just entered my head, which might not be a good idea! Nonetheless, I wonder if folks who over indulge in pampering their vehicles, also pamper their significant others the same way? I ask this, because the divorce rate is creeping ever higher!

 

[HWill]

I have always had someone reach out and ask if they could use a vehicle, parts or dyno or item picture for their website. It is just professionalism. But I wouldn't have cared if they did without asking if it was done tastefully and represented me or what I done respectfully.

I'd question why they changed the color as I think the blue would have looked better. HA

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