Scx Uk Copyright

[itelectrical]

Well done Manic, you definitely can get at least one car out of them, but what with having your blog you should be able to get a few for free and review them as well.

[BMR]

Go for it you have them at your mercy .

Settle for nothing less than a gold plated 1m x 2m plaque with SORRY written on it with his co workers nads sealed in an SCX car retail box to display infield on your track

[Eno the Wonderdog]

Go with Vinno's advice. You've got the big stick now, don't waste it.

 

Sometimes old racers ARE right - don't go the jugular - go for inside bloggy info lines into them.

 

Hell you may be the person that makes SCX famous in Australia when they build the A9X and the corresponding Ford monstrocities.. (he dreamed scratching his ear with his hind leg)

[triggy]

Go for it you have them at your mercy .

Settle for nothing less than a gold plated 1m x 2m plaque with SORRY written on it with his co workers nads sealed in an SCX car retail box to display infield on your track

 

:lol: :lol:

[lavenlaar]

Manic learns a few things

 

1. Copyright all pics that go to IMAGESHACK / PHOTOBUCKET etc on the public domain

2. The internet is NOT public domain to allow anyone to utilise the image.

3. The photographer is the owner of the image

4. They ARE in breach of copyright act

5. but really - are YOU in breach of copyright of Intelectual Property with the Red Bull livery ?

 

All in all - apology is good - cause they admitted to breaking the law.... but i'd settle for (a) image courtesy of.... but as much as you'd hate to do it - go forth and sue.... set a precedent for them NOT to do it again. Who cares about the compensation.

[Matticus]

Allow me to share a tale.

 

My father builds 1:43 model cars, in particular a select group from every Australian Grand Prix.

 

Several years back he ordered a Tameo kit from the 1989 Australian race. It arrived but didn't have any we weather tyres. He sent a letter (this was in the days before email) and got a reply, including tyres. Tameo had initially made the mistake, but my father, by being polite and understanding, got what he was after for free, allbeit a little messing around.

 

My father then struck up a friendship with the lady who he contated. It turns out she collects stamps and ever since my father has been sending her stamps for her collection. In return my father has a very close bond with Tameo Kits, has visited their headquaters in Italy and receives seriously, seriously discounted models- the price of postage basically and in some instances the odd one just arrives.

 

Last year he visited them again and was given prototypes models and among other things cars that were destined to go to Ferrari themselves; the sort of stuff money can't buy. He was also extended an invitation to the end of season Ferrari Party at Monza at the end of the season, the chance to get in the pits and on the grid at the event because of Tameo's ties with Ferrari.

 

The morale of the story is that by being nice and cooperative he has profited far far more than he could ever have dreamed. He is also being handed the opportunity of a lifetime all because he sent a letter asking for some wet weather tyres for his model.

[shodan]

5. but really - are YOU in breach of copyright of Intelectual Property with the Red Bull livery ?

 

Using the Red Bull brand imagery as a slot car livery for personal use (ie non-commercial) would constitute "fair use" under copyright law I believe...

[Shane Lott]

Here, Here Matticus!!!

 

Start out nice 'cause it leaves you somewhere to go!

 

What a GREAT story to illustrate the way thinsg 'used' to work within our 'society'.

 

Regards to all,

 

Shane

[phoeno29]

Great post Matticus and an excellent story.

[chilla]

Hi guys, thanks you all for the great support. I received this responce today while I was at work.

 

-----------------------

 

Hi Matt

 

I am very sorry for using your image,it was a genuine mistake .

I had googled "red bull" and your image came up and I asked a member of my staff to find the real car that looks like this !without me knowing he put it on our website over the weekend thinking he was doing me a favour.

I have been out of the office all day and just turned my lap top to see a flood of e-mails about this image I have removed it from the website and can only say how sorry I am .

 

We don't make a habbit of stealing other peoples images and if we did use images would always ask first.

 

I just hope our car looks as good as yours when it does come out.

 

I am sorry again for this mix up and will get my knuckles wrapped from SCX I'm sure,if there is anything I can do to make up for the mistake please let me know and I will gladly do.

 

Regards Steve Wright

AEC

 

-----------------------------------------------

 

What do you think I should do? Steve seems genuine about the mistake.

 

Cheers Manic

 

 

I'd say give Steve a fair go and accept his apology in the spirit it was given. The best compensation might just be a new friendship. You might even like to offer to do some appropriate Aussie liveries for them to sell to us

 

All this talk of free cars, while mostly a bit of fun, might be seen as a bunch of avaricious Aussies with no sense of fair play. I think we're bigger than that.

[rick1776]

lavenlaar,

 

with regards to point 5

 

5. but really - are YOU in breach of copyright of Intelectual Property with the Red Bull livery ?

 

the way i understand copyright law you are not in breach as long as you do not claim it to be "your work" and you do not "profit" from its use.

 

Had manic35 said "look Ive designed this new livery" and claimed he had designed it or he profitted by selling painted cars with the livery, then yes he would have been in breach. So do not attempt to sell the car as big brother is watching.

 

Otherwise we would all be in breach everytime we took a photo of a car at a race meet or if we happened to be standing in front of a Pepsi billboard when a happy holiday snap was taken.

 

cheers

rick1776

[lavenlaar]

thanks for the clarification Rick1776

So, if they put up an image of the real car are they in breach? They are profiting from it.... ! You'd expect that the company would have given them an image to base their work on ????

 

What happens if they use another person's image in the future? When does it stop?

Edited March 6, 2008 by lavenlaar

[manic35]

Thank you again guys for all the advice, it's great to have a forum where you can express your concerns and get great feedback from like-minded people.

 

I have decided after talking with Steve again, that it was completely a genuine mistake made by someone inexperienced.

 

The photo has been removed and Steve seems like a good guy who has done lots for our great hobby over the years. SCX UK is a small distributor with 5 employees and therefore, I'm happy with an apology for the incident.

 

Once again, thanks to those who commented and sent me screen images.

 

Cheers Manic

Edited March 6, 2008 by manic35

[chilla]

Copyright stuff is complicated.

 

Copyright exists as soon as a work is created and there is no need to state or register anything. The copyright owner reserves all rights (even if they don't know it) unless otherwise stated.

If a copyright work is used for profit or commercial use by a non-owner, they are in breach.

 

Technically, SCX UK were in breach (commercial use does not have to have a direct dollar value).

However, SCX UK addressed the matter immediately and tendered an unconditional public apology. Any one pursuing such a matter further might be seen to be making a vexatious claim and might get spoken to quite severely by His Honour.

 

Manic35's use of the livery might reasonably be considered 'fair use' if he only uses it for personal enjoyment, although this may not be the case if the owners of the livery found out and wanted to try something cute.

 

Manic might be wise not to use his images of the car as a promotion of any services he may offer, as that would constitute commercial use of the owners of the Red Bull livery's intellectual property.

 

Complex stuff.

 

Manic owns copyright on the images he created but he does not own copyright on the livery (assuming it's a copy of a real-life livery) he applied to his own property (the Ninco Ferrari slot car). But, if Manic were to create a unique livery using approved images, then (taking into account any arrangements he may have with the other copyright owners), he'd own the intellectual rights to that livery...whether he knew it or not.

 

If Manic were to start a business redoing model cars in real-world liveries, he'd be wise to negotiate licenses with the owners of those liveries. And that might be a nightmare, given the number of stickers on most race cars.

 

I don't claim to know the intricate ins and outs of all this (I doubt anyone does) but here's a quick "fer example"

 

My wife and I own four original artworks. One was painted by me and three are by other artists. We own them all outright physically but only I own any intellectual property rights, and only on the one I created. We can sell any of them for however much they'll fetch but we can only sell the copyright on one (mine).

Also, I have photos of one of the artists painting one of the works but they were taken by someone else so I can't use those particular images (of a work I own and have hanging on my wall) to promote any commercial enterprise I may have.

 

A'course, all this is technical detail and the reality comes down to what's reasonable. If you want to use something, just ask. The worst thing that can happen is "no" (and, before you all start up again, Manic wasn't approached because Steve's offsider, in all probability, believed it was an SCX-owned image and was therefore free to use it).