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05/23/2006 05:58:49 PM · #1 |
I have a blog where I discuss NASCAR and post pictures that I take when I attend events. I just got a letter from NASCAR. The letter said that I had to remove the pictures from my site. It states that they have the rights to all photos taken at NASCAR events. I took the pictures. I thought that I owned them.
I am not selling them. I make no money off of them. Is this accurate? |
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05/23/2006 06:04:09 PM · #2 |
It is probably accurate. They own the trademarks associated with NASCAR. There are also all the sponsors who own trademarks that are prominently displayed on just about everything. They, then, have the right to stop anyone else from using them for any reason.
Here's an example: A little girl had a blog about Barbie and her favorite dolls. She had some of her photos, etc. on there. Barbie made her remove all the stuff from her site. She could talk about Barbie all day long, but she couldn't use any images.
I don't think its a copyright issue. Its more a trademark issue.
But that is a guess. |
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05/23/2006 06:08:34 PM · #3 |
This is more than likely Nascar trying to bully you. I shoot NASCAR for the Team U.S. Coast Guard. Photojournalists are allowed onto tracks to document the races for their publication, and they get paid for it. Unless NASCAR made it specifically clear this was the case up front, then they're more than likely full of it. If the letter has a number on it, call and POLITELY discuss the issue with a PR rep. You don't even have to ID yourself specifically if you don't wanna.
Hope this helps.
--Prentice |
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05/23/2006 06:13:03 PM · #4 |
Hmm, this is interesting. If they had a ban on cameras when you entered, it would make more sense. Otherwise, I might be inclined to push back a little and use their letter to increase your blog traffic...maybe get on the news and go for your 15 minutes of fame.
How good are the shots? I mean, are you selling them or something? Are you profiting in any way? Could your use of them be considered editorial?
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05/23/2006 06:17:13 PM · #5 |
Does it say anything about that on the ticket?
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05/23/2006 06:21:01 PM · #6 |
Originally posted by jcigtsog1:
I have a blog where I discuss NASCAR and post pictures that I take when I attend events. I just got a letter from NASCAR. The letter said that I had to remove the pictures from my site. It states that they have the rights to all photos taken at NASCAR events. I took the pictures. I thought that I owned them.
I am not selling them. I make no money off of them. Is this accurate? |
Do you have one of your ticket stubs? If you do, read the back of it. You will most likely find that the letter they sent you is correct.
As to prentice's reply, those shooting with press credentials are bound by dofferemt terms that those attending as "normal" spectators.
~Terry
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05/23/2006 06:23:36 PM · #7 |
NASCAR has a binding legal license with all competitors in which they commit their images (their property rights in their cars) to NASCAR and NASCAR's sublicensees.
Copyright depends on how much you can afford to defend it. You niehter have that much money nor do you have the fundamental rights.
(BTW, I have been involved in copyright licensing business for many a year). |
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05/23/2006 06:28:03 PM · #8 |
Originally posted by ClubJuggle:
As to prentice's reply, those shooting with press credentials are bound by dofferemt terms that those attending as "normal" spectators.
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That is absolutely correct.
FWIW, trying to fight NASCAR would be futile. Consider yourself lucky they gave you a warning and aren't pushing to impose serious penalties.
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05/23/2006 06:38:58 PM · #9 |
It's worth a phone call to find out if it is really Nascar. If they were actually so anal about individual photos for a non-profit activity like a blog, I have to wonder how this searech could be so fruitful.
PBase search on Nascar
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05/23/2006 06:43:46 PM · #10 |
| Even press credintials state "The _______ retains all copyrights and ownership of images" or something to this effect. This is on almost all major sports credentials I have ever recieved. They allow you to use the images in your publication, that's it. You can't sell, post or display them. And yes they can be very anal about this. |
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05/23/2006 06:59:52 PM · #11 |
| I have a copy of a current ticket in my hands for the June 4th race at Dover. On the back on the ticket it says... "NASCAR owns the rights to all images, sounds and data from this NASCAR event. For more information, contact NASCAR Broadcasting. 2049 Century Park East, Suite 3000, Los Angeles, CA 90067. The bearer of this ticket agrees not to take any action or cause others to take any action, which would infringe upon NASCAR's rights. Use of this ticket constitutes acceptance of these terms". |
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05/23/2006 07:18:55 PM · #12 |
if you do inquire more about the letter they sent, I'd be curious to know the response.
As someone mentioned, use of a brand or trade-mark is only good so long as you DEFEND your use..if you let just anyone post photos or drawings using your mark, when someone else down the road does it FOR PROFIT, you have a much harder time getting them shut down if you let small timers go.
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05/23/2006 07:34:47 PM · #13 |
Seems a bit silly and extreme to me.
How is having fans chatting and showing thier photos a bad thing.
Seems like it would be good for the sport.
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05/23/2006 07:37:23 PM · #14 |
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05/23/2006 09:27:34 PM · #15 |
Switch to Grand Touring - they are the best!
Message edited by author 2006-05-23 21:28:12. |
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05/23/2006 09:33:03 PM · #16 |
Originally posted by rscorp:
Switch to Formula 1 |
I'm sure F1 has similar rules.
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05/23/2006 10:32:06 PM · #17 |
Originally posted by jcigtsog1:
I have a blog where I discuss NASCAR and post pictures that I take when I attend events. I just got a letter from NASCAR. The letter said ... |
I wonder how they got your address. Is it displayed on your blog?
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05/23/2006 10:51:37 PM · #18 |
Originally posted by coolhar:
Originally posted by jcigtsog1:
I have a blog where I discuss NASCAR and post pictures that I take when I attend events. I just got a letter from NASCAR. The letter said ... |
I wonder how they got your address. Is it displayed on your blog? |
Maybe by "letter" she means email.
Message edited by author 2006-05-23 22:53:55.
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05/23/2006 11:00:24 PM · #19 |
| Hey, I have an idea! Maybe NASCAR should make everyone drink some GHB-laced lemonade on their way out. That way, they won't remember anything they saw -- and they won't even realize they've been s*****d .... |
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05/23/2006 11:18:35 PM · #20 |
From the US COde on Copyrights:
§ 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
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05/23/2006 11:40:37 PM · #21 |
| The problem here is that the NASCAR disclaimer may pre-empt the copyright. Since the photos are taken on private property, they may have the right to control your photographic activities. |
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05/23/2006 11:50:21 PM · #22 |
| It's the same at any major sporting event, NFL, NBA, MLB, NHL. Why should NASCAR be any different? By using the ticket, you give up certain rights to see the event. Taking pictures and publishing them on the web is one of those. Sorry. If you can't agree, don't buy the ticket. It's that simple. |
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05/23/2006 11:56:35 PM · #23 |
| You should photoshop out all the nascar logos and set some parody word in a similar font over all of them, and re-upload ;p |
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05/24/2006 12:00:19 AM · #24 |
im with madman on this one, that be funny
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05/24/2006 12:42:07 AM · #25 |
Originally posted by pottersclay75:
Barbie made her remove all the stuff from her site. She could talk about Barbie all day long, but she couldn't use any images. |
Sheesh! That Barbie chick sounds like a real b*#@h! ;)
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