Someone making money for something I did...**Tool Racing** - Page 3

Scott · 08-01-2007, 01:38 PM

^^^lol @ not wanting profit!

Van D · 08-01-2007, 01:54 PM

lol @ not making a profit. Our band sells our T's that are good quality, with colour print for 20 bucks and we make shy of 100% profit. He must be getting them printed on gold plates or something :|

Aeron · 08-01-2007, 02:03 PM

Quote:

Originally Posted by GTP006

^^^lol @ not wanting profit!

I'll say.

:

**Polyal** · 08-01-2007, 02:04 PM

Does he live near you, perhaps you could meet up with him.

I wouldn't bother chasing anything if it just stays with the T shirts. All the hype will die down soon enough (hasn't it already) and then they might be stuck with alot of stock if they are printing them off before people order.

What is suss about what he said is that he was waiting for you to contact him....if he saw it on the forum then how can you not be contacted! Thats the whole point of a forum!

If the profits are that insignificant, then perhaps the "profit" can be put into the forums. I doubt we are talking hundreds here.

Still, tough situation, legalities could be involved in a lot of different ways, might be best just to lay low and see what happens.

Either way its still pretty funny.

Aeron · 08-01-2007, 02:11 PM

Oh yes, im going to lay low.
He's in Victoria so its no good for me. Im not that bothered to be honest.

rodderz · 08-01-2007, 02:14 PM

He said he saw it on the forum, does he mean this one? PM would be the 1st place of contacting someone!

XR06T · 08-01-2007, 03:11 PM

could be any number of forums really..

ive seen it EVERYWHERE

Aeron · 08-01-2007, 09:57 PM

The guy selling them seems like an ok bloke. I think he's just a Ford fan wanting to get up the Holden fans noses

Im all for that!!!

**Polyal** · 08-01-2007, 10:03 PM

At the end of the day you/we never thought it would circulate like its has, that would be enough piece of mind for me; you have done us proud!

**Silver Ghia** · 08-01-2007, 10:06 PM

Quote:

Originally Posted by Polyal

At the end of the day you/we never thought it would circulate like its has, that would be enough piece of mind for me; you have done us proud!

Sure have!

OLDFORDNUT · 09-01-2007, 12:09 AM

mate hes just left the door wide open for you, take him up on the offer and ask for a few for your family.

MOTIV8 · 09-01-2007, 02:21 PM

Quote:

Originally Posted by Aeron

The guy selling them seems like an ok bloke. I think he's just a Ford fan wanting to get up the Holden fans noses

Im all for that!!!

At the end of the day though there was no mention of a shirt for yourself - how did you go with that???

BTW - the photos you took at the Revival Meeting last month were great....

Mark351 · 09-01-2007, 02:22 PM

I saw the image in a bar in Canberra last Friday night, so many people do like it. They also had a pic of Kelly's car with a B&S ute bullbar photoshopped onto the front. The pub managers are Ford lovers.

4Vman · 09-01-2007, 06:57 PM

Quote:

Originally Posted by rodderz

You should of put a copyright on that design aeron, that pic circulated all over the place after you did it. I had about 4 emails all from different people (not on these forums) who sent it to me at various times.

We were at a shop one day talking about it and the guy even mentioned it!

"art" is intrinsicly copyrighted by default. Prove its your design and you've got a strong position should you want to challenge.

MITCHAY · 09-01-2007, 07:35 PM

Quote:

Originally Posted by 4Vman

"art" is intrinsicly copyrighted by default. Prove its your design and you've got a strong position should you want to challenge.

But would you really want to challenge is the question?

Doesn't the image imply they cheated in which case you would have to prove they did cheat in a defamation case whatever the legal term is for it, if they wanted to sue the creator?

XR Martin · 09-01-2007, 09:19 PM

Quote:

Originally Posted by MITCHAY

But would you really want to challenge is the question?

Doesn't the image imply they cheated in which case you would have to prove they did cheat in a defamation case whatever the legal term is for it, if they wanted to sue the creator?

Artwork doesnt have to be factual

fmc351 · 09-01-2007, 09:27 PM

Quote:

Originally Posted by MITCHAY

But would you really want to challenge is the question?

Doesn't the image imply they cheated in which case you would have to prove they did cheat in a defamation case whatever the legal term is for it, if they wanted to sue the creator?

Something has to be capable of causing damage to the reputation to be defamatory. How do you show this is the case? The test is a reasonable person, which is objective, not subjective. Without getting into legal definitions no reasonable person would view that picture in any manner other than humour and fair comment. While some people might, a legally 'reasonable person' would not.

Lukeyson · 09-01-2007, 09:52 PM

Quote:

Originally Posted by XR06T

could be any number of forums really..

ive seen it EVERYWHERE

Exactly, i frequent many forums, and one by one its popped up on each of them, and some of them have NOTHING to do with cars at all

:

Bill_R · 09-01-2007, 11:10 PM

Cotnact ebay. I'd say it is in violation of their terms.

Aeron · 09-01-2007, 11:36 PM

Well, he says he's sending me a shirt. I'll take a photo of me in it when it gets here

Scott · 09-01-2007, 11:37 PM

What about me, what about my needs......

Aeron · 09-01-2007, 11:41 PM

Quote:

Originally Posted by GTP006

What about me, what about my needs......

Left sleeve or right?? Its up to you, i told you.

:

I now get a mention on his ebay ad too

:

banarcus · 10-01-2007, 12:19 AM

Can you get me a stubbie holder Aeron?

Aeron · 10-01-2007, 07:47 PM

Quote:

Originally Posted by banarcus

Can you get me a stubbie holder Aeron?

If he makes 'em i'll let ya know.

Falchoon · 10-01-2007, 08:13 PM

Quote:

Originally Posted by XRchic

I think Kelly and Toll would be struggling under defamation laws as well. The defence to defamation is truth. Kelly/Toll would have to prove that he wasnt a cheat, to succeed in such action.... And then there is the trouble they would have with opinions... you cannot sue someone for having an opinion either.

Besides, I dont think it would be good for whatever image they have left, to go after Aeron or whoever, for defamation... It would just look pathetic.

You may be right but remember the Mastercard Priceless parodies? People were threatened with legal action for creating/owning them.

My mate has a shop that sells new (genuine and aftermarket) and used Holden parts. He got nasty letters from Holden solicitors telling him (not asking!) to remove Holden and any Holden logos from his business name, premises and website. He wasn't trying to defame or parody Holden, rather he was actually doing them a favour by promoting and selling their parts!

Fair302 · 10-01-2007, 08:52 PM

Who gives a **** about what those ******* at GM think, give us a yell when those stubby holder become available

cupic · 11-01-2007, 12:14 AM

Have the culprit drawn and quatered

fmc351 · 11-01-2007, 01:55 AM

Quote:

Originally Posted by Falchoon

You may be right but remember the Mastercard Priceless parodies? People were threatened with legal action for creating/owning them.

My mate has a shop that sells new (genuine and aftermarket) and used Holden parts. He got nasty letters from Holden solicitors telling him (not asking!) to remove Holden and any Holden logos from his business name, premises and website. He wasn't trying to defame or parody Holden, rather he was actually doing them a favour by promoting and selling their parts!

Your mate was doing more than just advertising Holden, he was using it to advertise himself. Whether he was good or not has nothing to do with it, Holden choose who uses their logo on their place of business, it implies an affiliation or approval by Holden. This isnt the same.

As for Mastercard parodies, threats and actual events differ immensely. Further, was it Australia?

Falchoon · 11-01-2007, 08:11 PM

Quote:

Originally Posted by fmc351

Your mate was doing more than just advertising Holden, he was using it to advertise himself. Whether he was good or not has nothing to do with it, Holden choose who uses their logo on their place of business, it implies an affiliation or approval by Holden. This isnt the same.

Yes. That seemed to be the basic jist of their beef. But there is another similar business in town that has Holden in his business name and sells new and used Holden parts but AFAIK Holden have not tried to sue them.

Quote:

Originally Posted by fmc351

As for Mastercard parodies, threats and actual events differ immensely. Further, was it Australia?

http://www.orsm.net/ (NSFW) was one that was threatened with legal action from Mastercard. I believe the owner of the website is based in WA.

MeestaNob! · 11-01-2007, 08:41 PM

Quote:

Originally Posted by flappist

Well you could take legal action but you would then have to identify yourself as the author.
This might not work out the way you want as then shoud Kelly decide to have you for defamation you have already done the hard part for him (proving it was you).
Remember, in most civil legal matters, "he who has the most money wins". Kelly & Toll have lots of money and your pic, though funny and probably accurate is quite defamatory.

Sue next year, at least that way you know they only have $6.75M to spend on lawyers. Down to about $1.5 after the Krustyburger Kid gets his Clearasil shipment.