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04/04/2006 06:47:53 PM · #1
I've just had to request a self DQ on my highest scoring image.

I used a real store's name in the Jewelry advertisement challenge and someone from the store stumbled upon it and requested it be removed.

Bummer.
04/04/2006 06:49:47 PM · #2
Yikes :(
04/04/2006 06:50:27 PM · #3
Ouch! Sorry to hear that but very honest of you to carry it forward.

A nice shot, too!

Carl
04/04/2006 06:50:43 PM · #4
ahhhhhhhh. Is it necessary to do this? Understanding the store's point of view but what about DPC? Did you violate rules on their behalf?
04/04/2006 06:52:25 PM · #5
Looks like your picture was #21 on Google images for the store. that's probably how they found the picture.
04/04/2006 06:52:57 PM · #6
Are they nuts? That's free advertising for them! Come on!

Deannda
And you gave them your card so you can start stock shooting for them, right? Seriously, free advertising, can't beat that
04/04/2006 06:55:52 PM · #7
I'm no lawyer, so I'm not really sure whats up, but I would assume that since I'm not making money off of the image there is no trademark issue. I just don't want to make any enemies by trying to work it out with the store. And I'm definitely not aware of any rules violation on the DPC end. A lot of other people appear to have used real brand names in that challenge, including the 3rd place image, so I'm sure we would have heard a long time ago if that were a problem.
04/04/2006 06:56:04 PM · #8
I'm wondering....this is an educational forum and shouldn't be subject to copyright. You aren't selling or profiting from the image, either. If it's offensive or a parody...there's plenty of room in the 1st ammendment for that...and plenty of precedent in law.

Disclaimer: I'm not a lawyer. But if I were in your position, I'd be very reluctant to remove my "work of art"....if you feel ethically compelled to do so or are afraid of a law suit then you might disagree. I think it would be a terrible embarassment to a retail establishment to be "exposed" for intimidating budding artists, however.
04/04/2006 06:56:59 PM · #9
Originally posted by Neuferland:

Are they nuts? That's free advertising for them! Come on!

Deannda
And you gave them your card so you can start stock shooting for them, right? Seriously, free advertising, can't beat that


Their primary concern seems to be having their name associated with a piece of jewelry they didn't sell.
04/04/2006 07:01:06 PM · #10
Originally posted by kearock:

Originally posted by Neuferland:

Are they nuts? That's free advertising for them! Come on!

Deannda
And you gave them your card so you can start stock shooting for them, right? Seriously, free advertising, can't beat that


Their primary concern seems to be having their name associated with a piece of jewelry they didn't sell.


That makes a LOT of difference.
04/04/2006 07:01:18 PM · #11
Well I emailed them and told them that I would have contacted you about shooting for me, not asking to have free advertising removed. I was very polite :) And the fact it placed so well.

Hope you get a phone call asking for more samples of your great work!

Deannda
Hope I don't get you in further trouble either :)
04/04/2006 07:01:30 PM · #12
Originally posted by KaDi:

I'm wondering....this is an educational forum and shouldn't be subject to copyright. You aren't selling or profiting from the image, either. If it's offensive or a parody...there's plenty of room in the 1st ammendment for that...and plenty of precedent in law.

Disclaimer: I'm not a lawyer. But if I were in your position, I'd be very reluctant to remove my "work of art"....if you feel ethically compelled to do so or are afraid of a law suit then you might disagree. I think it would be a terrible embarassment to a retail establishment to be "exposed" for intimidating budding artists, however.


It's not so much that I feel ethically compelled to remove it, rather that I don't want to make any enemies. I live in a very small town. On the off chance I ever decide to really go into business as a photographer, I don't want one of the few businesses in town to be against me.
04/04/2006 07:02:44 PM · #13
Originally posted by kearock:


It's not so much that I feel ethically compelled to remove it, rather that I don't want to make any enemies. I live in a very small town. On the off chance I ever decide to really go into business as a photographer, I don't want one of the few businesses in town to be against me.


I wonder, rather than a DQ maybe you could have a title change?
04/04/2006 07:03:30 PM · #14
Which photo was it? You have some great shots in your portfolio by the way.

04/04/2006 07:03:36 PM · #15
Originally posted by Neuferland:

Hope I don't get you in further trouble either :)


Yeah guys...like I said, I really don't want to make any enemies here. No need to try to defend me, I'd just like to let it die down.

By starting this thread I was merely expressing my disappointment in loosing my highest scoring image, not asking for support in a fight against them.
04/04/2006 07:04:33 PM · #16
Originally posted by KaDi:

Originally posted by kearock:


It's not so much that I feel ethically compelled to remove it, rather that I don't want to make any enemies. I live in a very small town. On the off chance I ever decide to really go into business as a photographer, I don't want one of the few businesses in town to be against me.


I wonder, rather than a DQ maybe you could have a title change?


The name is in the image too. We were allowed to add text for that challenge...and man, I debated so long about whether to add it or not.
04/04/2006 07:05:54 PM · #17
Maybe it was the dark background, as they seem to use a white one.
04/04/2006 07:08:26 PM · #18
Originally posted by bandit:

Which photo was it? You have some great shots in your portfolio by the way.


Looks like the SC is quite speedy! The self-DQ has already gone through. Thanks!
04/04/2006 07:11:37 PM · #19
I'm really curious now! Could you please email me the photo? My address is on my profile. Its the Ihug one. No worries if you don't want to.
04/04/2006 07:13:58 PM · #20
If I were you I'd edit the picture and put it back in your portfolio so we can still enjoy it, with a note explaining :)
But hey, at least you're getting noticed!
04/04/2006 07:16:18 PM · #21
Lol...getting a new version ready for my portfolio is exactly what I've been doing! Here it is with a quick blur job on the name...
04/04/2006 07:19:26 PM · #22
Thats a great photo. Oh well, its the stores loss at the end of the day. If they keep doing business like this, they probably won't be around in a year anyway.
04/04/2006 08:10:50 PM · #23
Maybe D&L will allow you to replace it with a version that just has "Devine Elegance"? It looks fine without the second line.
04/04/2006 08:31:43 PM · #24
Originally posted by Nobody:

Maybe D&L will allow you to replace it with a version that just has "Devine Elegance"? It looks fine without the second line.


Wouldn't be fair to the voters I don't think. The only reason I'd want to replace it would be to get my score back, but an altered version wouldn't have truly earned that score.

Fortunately, my Best of 2002 was/is poised to be my new high score anyhow, so though it wont bring my average up as much, I should still have a 6+ (unless they do something screwy with it being an April Fools Day challenge...).

edit: must learn to spell...

Message edited by author 2006-04-04 20:32:28.
04/04/2006 08:48:18 PM · #25
Your a good and honest sport. Hang in there,you will break your high score in no time.
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