Do i take this as a compliment or......

[pdxbigfoot]

This was brought to my attention today.
http://cgi.ebay.com/ebaymotors/TRX250r-Brand-New-Carbon-Fiber-Hood-TRX-%20250r_W0QQitemZ270530554875QQcmdZViewItemQQptZMo tor%3Cbr%20/%3Es_ATV_Parts_Accessories?hash=item3efce0abfb

I have emailed him asking to please remove the image of my build from his auction.
This is the same guy right??
Technically the photo's are owned by my photographer but this image was taken right from here.
Any thoughts guys and gals??

[jcs003]

i think he should of asked permission. i would assume if its used to profit it is illegal. but cant be sure how the laws are interperted with internet materials. either way it MUST be a copyright infringment.

[LONG-ROD]

I am pretty sure you would have had to have had the pic copy righted. you post a pic on the internet and its anyone's game. with out a copy right its just a pic.. and remember its just a pic.. take it as a compliment, smile and go on with your life.. looks like he has a nice product..

[Fear250r]

Jason, I'm not too sure about this one. I know you said you owned the pics, but I still wanted to talk to your photographer. I'm not sure that I'd like pics of my bike on ebay like that, but that's just me.

[1promodfan]

I'm not sure what to say either way, but I know thats the guy that can be hard to deal with.

[Derrick Adams]

Did you buy the hood from him? Is he the original manufacturer of the hood? If so, then it's his product. If not, then it's false advertising.

[pdxbigfoot]

listed an auction for M A U L tech hoods. The pics that he has up right now are taken directly from Andy's site.
I know for a fact that Andy is out of all the colors except black carbon and the last time i talked to him he was down to 2.
I just dont want my build, myself or ATVriders.com to be connected with anything thats not legit.
I have invested too much time, money and energy into this.
I wonder if Andy knows about this??
Maybe time for a phone call...???

[destey]

Not a lawyer but my understanding is you would have a basis to sue if he made a poster of your quad image and started selling it. He's not trying to profit off the image, just showing a part of the quad.

Here is a quote from an expert

While copyright law makes it technically illegal to reproduce almost any new creative work (other than under fair use) without permission, if the work is unregistered and has no real commercial value, it gets very little protection. The author in this case can sue for an injunction against the publication, actual damages from a violation, and possibly court costs. Actual damages means actual money potentially lost by the author due to publication, plus any money gained by the defendant. But if a work has no commercial value, such as a typical E-mail message or conversational USENET posting, the actual damages will be zero.

http://www.templetons.com/brad/copymyths.html

[jas250r]

take as a compliment. damn that thing is sweet.

[Ruf Racing]

Compliment! Don't sweat the small stuff. It is a beautiful machine.

[sangheraent]

i used to work at a film developing store and your not allowed to reproduce a professional photographers work. aparently if its a professional taking the picture the rules are diffrent if its just your own picture.
but I would take it as a compliment and tell the dude to remove it or you will sue haha. if he doesnt remove it report it to ebay they will remove it for him.

[MtnEX]

Ok, and so now that this thread has kind of served the topic... I'd like to ask what the deal is with this site and Andy M. ?????

I think he's a helluva guy, and I just can't imagine......

[pdxbigfoot]

And i cant say enough good things about him, his customer service and his products.
I dont see why these guys are listing his hoods though?? Im pretty sure its not him but ill drop him a line tomorrow.
As far as my build being used in their auction, i am going to take it as a compliment.
Like stated before i dont want my build being associated to somebody who has and is building a shady reputation....thats all

[MtnEX]

Not Andy I'd say.

But maybe his product, or a copy.


What I was asking about was the Andy/atvriders.com thing. Like his last name blocked out, etc. Can't imagine what the beef would be.

[pdxbigfoot]

Might have something to do with him not being a site sponsor.....but i really dont know.

[MtnEX]

Oh... ok....