Someone making money for something I did...**Tool Racing**

[Aeron]

Ok, now I know that this is ebay related but that’s not why im posting it. This bloke is selling shirts on ebay with my artwork on it. Its the Rick Kelly Tool Racing image...

http://cgi.ebay.com.au/ws/eBayISAPI....m=320068223713

It still has my name down the bottom of the image on his shirts.

So, am I entitle to a cut??

Im not angry or anything i'd just like to know...

[kyro_02]

wonder if the person is on fordforums :P you should e-bash 'em

[OLDFORDNUT]

id be emailing him and asking for 10% of all sales but take out a copyright first

[Dazza XLT]

Ask him which program he used to create the image Aeron, see what they say then.

[atec77]

Originally Posted by Aeron

Ok, now I know that this is ebay related but that’s not why im posting it. This bloke is selling shirts on ebay with my artwork on it. Its the Rick Kelly Tool Racing image...

http://cgi.ebay.com.au/ws/eBayISAPI....m=320068223713

It still has my name down the bottom of the image on his shirts.

So, am I entitle to a cut??

Im not angry or anything i'd just like to know...

Yes you are entitled to at least an aknwledgement and I think some cash per shirt sold , I doubt you will get either

[Aeron]

Originally Posted by nicholas

id be emailing him and asking for 10% of all sales but take out a copyright first

How do I go about doing that??

I'd be happy if he just sent me one

I've emailed him and asked

[Dazza XLT]

Originally Posted by Aeron

How do I go about doing that??

Did you put the copyright symbol on the picture, or just your name?
Sorry I don't know too much about Copyrights etc.

[Aeron]

Just my name. :(

[Dazza XLT]

As I said, I don't know too much about Copyright, but I reckon you'd need the symbol on there to claim any rights?

[rayner22]

i was gonna buy one of those shirts but i'm not gonna now...

[Aeron]

Ahh well, I'll see if I can get a shirt out of him

[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!

[Kryton]

have you ever heard of INTELLECTUAL PROPERTY?
if not, read up on it.

[XRQTR]

You made it freely available on the internet, you did not at any point state that it was/is the intellectual property of yourself or that of your company/business, in doing so you waived any rights to the item. Unless you are able to show that it in some way has relevance to yourself or your business then it's anyones if they wish to use it.

You could still take it to court but I doubt it would be worth it in the long run, just see if you can get a shirt for free, if you can get a cut of the sales even better.

A good way to do this would be to convince the person selling them that you have other similar ideas that may be of commercial benefit to them. If you can convince them you would be more valuable to them rather than not, then they may well use your work and you could do quite well from it.

Just a little tip though, unless you are able to gain first hand physical proof and knowledge of the number of garments they sell I would be taking a fee for each design instead of a percentage of sales. A fee allows you the comfort of not having to worry about the actual numbers being sold and the numbers being told to you, plus you have your money up front.

Good luck
Stef

[Sorted]

Aeron YOUR FAMOUS...............

And he has already sold 3 of them!

And he deleted your name off them, lol.

[XRQTR]

Mate I just had a look at this t-shirt, it looks like a bubble jet type iron on transfer job, just do your own, go to something like Forges and buy all the plain tshirts you can get your hands on, they are usually a dollar or two each and a couple of packs of iron on transfer paper.

You could go into direct competition and actually beat him just by offering a range of different colors and selling them for $19.95, if he wants to play that way then go right ahead. He used your idea to start something so now you can use his, Karma is a B!7CH.

[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.

[Silver Ghia]

Aeron, at least you should be satisfied there are many in Fordforums who know it was all your own work, and now there'll be many walking around wearing it.

Seem to remember it was done that night too, which was quite impressive. I know it appeared in at least one Red Lion forum also, with many admirers of your work.

Unless someone comes up with a way for you to claim rights, perhaps you should put it down to experience and swat up on the legalities for next time.

[Aeron]

Originally Posted by DRHEMI

And he deleted your name off them, lol.

From the pic on ebay I can still see it there. Im not going to takelegal action I just want a shirt for nothing.

But XRQTR, I'll give the old, "I could make you money with other images" thing a go

[wulos]

Copyright law in Australia is a quite simple - yet extremely complex thing.
The very second you produce a work you own the copyright - do not need to register it. You just need proof that you did the work originally. It does NOT matter that your art has appeared on the net or elsewhere. Unauthorised reproduction is THEFT, it is NO different to someone walking into the Louvre, taking down the Mona Lisa, and claiming it as their own.
Registration does however make it easier to claim against those that use your artwork without authorisation. A copyright is said to be breached if to the average viewer the work has been reproduced without significant alterations in such a way that would rob the original atrist of possible renumeration (credit / sales etc)
Copyright law allows for alteration of a preset image to allow for 'parody' or reproduction in media for 'editorial, or discussion purposes.
In the above case - I think that you would have a pretty good case against him. It really depends upon what you want to do. Have you, or your representative (You're better off speaking to a specialist about this first) contacted him about it, asking him to cease & desist, or return you credit / payments for reproducing your work?

[miitch]

They have a this picture printed out and on a shelf in Spare Parts at Passlow Ford Warrnambool.

You are famous haha

[Auslandau]

I would think it would be a case of dont beat em, join em. Really the best thing you could do with art work over the net is to have a water mark through it so no one can copy it. You are the artist......works the same as paintings.....but would be expensive to go legal. Specially if he only sells three. I would think about doing your own..... better....and selling them off.

Good luck with it. I suppose you can have the satisfaction of seeing it around the place.....



| [/url] |

[Envi XR8]

Originally Posted by wulos

Copyright law in Australia is a quite simple - yet extremely complex thing.
The very second you produce a work you own the copyright - do not need to register it. You just need proof that you did the work originally. It does NOT matter that your art has appeared on the net or elsewhere. Unauthorised reproduction is THEFT, it is NO different to someone walking into the Louvre, taking down the Mona Lisa, and claiming it as their own.
Registration does however make it easier to claim against those that use your artwork without authorisation. A copyright is said to be breached if to the average viewer the work has been reproduced without significant alterations in such a way that would rob the original atrist of possible renumeration (credit / sales etc)
Copyright law allows for alteration of a preset image to allow for 'parody' or reproduction in media for 'editorial, or discussion purposes.
In the above case - I think that you would have a pretty good case against him. It really depends upon what you want to do. Have you, or your representative (You're better off speaking to a specialist about this first) contacted him about it, asking him to cease & desist, or return you credit / payments for reproducing your work?

Does that part of copyright just relate to artwork such as painting etc?

I ask this because I designed and own a patent for a product that a friend of mine and I developed. We were told by our Patent solicitor, Cullen & Co. not to show the item until the patents office had approved the application, otherwise it is very difficult to prove who dveloped it first. We were also told that a patent could not be lodged and back dated if the item had been sold or made commercially available.

I think this would be a massive gray area. Can there be consequences for the original designer if they have violated a registered trademark? such as the sponsors name etc? I seem to remember a posting on here about someone selling different coloured Ford Oval badges on eBay, and everyone was up in arms about it, and people were saying they were emailing it to Ford so they could take action.

might be a case of let sleeping dogs lie. Seek legal advice from a specialist Patent solicitor and go from there. Our initial consultation to get some advice was free.

cheers Envi

[XRQTR]

Originally Posted by wulos

Copyright law in Australia is a quite simple - yet extremely complex thing.
The very second you produce a work you own the copyright - do not need to register it. You just need proof that you did the work originally. It does NOT matter that your art has appeared on the net or elsewhere. Unauthorised reproduction is THEFT, it is NO different to someone walking into the Louvre, taking down the Mona Lisa, and claiming it as their own.
Registration does however make it easier to claim against those that use your artwork without authorisation. A copyright is said to be breached if to the average viewer the work has been reproduced without significant alterations in such a way that would rob the original atrist of possible renumeration (credit / sales etc)
Copyright law allows for alteration of a preset image to allow for 'parody' or reproduction in media for 'editorial, or discussion purposes.
In the above case - I think that you would have a pretty good case against him. It really depends upon what you want to do. Have you, or your representative (You're better off speaking to a specialist about this first) contacted him about it, asking him to cease & desist, or return you credit / payments for reproducing your work?

Close but no cigar, went through this a few years ago and now that this other guy has removed Aeron's name from the pic it is changed enough to now make it his. If he further changes some of the coloration within the pic this would go further to making it his own.

Also, the image was 'FREELY' available on the net to all and sundry with no mention of Copyright, this would suggest that the owner had no intention of at any time using the material for any personal gain or profit, any reasonable person would make this assumption and therefore unless such was stipulated in the orginal posting of said material then the artist cannot make any claim to compensation. A simple Copyright would have sufficed, although even this would need to have been registered within a certain time frame from the date of first publication, unless a blanket Copyright watermark was registered by the artist and stamped onto the original work. Even then there is pages and pages of cr@p to go through that could get you in or out of it.

As you yourself said, simple yet extremely complex at the same time.

Aeron as I said mate just start making them yourself, it's only iron on transfer paper on cheap chinese $1 t-shirts form bloody Forges.

[MITCHAY]

Aeron is famous

Yeah I'd at least push for a free shirt.

[normxb]

I don't know how this would hold up now ?

I had a customer at my music shop who used to write his own songs (original material) write out the music & a rough recording on a cassette .

He'd take it to the Post Office , get them to seal & date stamp it , then "post it to himself" . When he recieved it he "Would NOT open it" , but store it away . If anyone tried to use his material he could take the "Sealed" envolope to court to prove when it was written .

I don't know if Aeron could do this with any future work ? Would it still work guy's ?

[Van D]

Guuuuuyyys, he only wants a free t-shirt!! lol.

[XRQTR]

Norm in order for this to hold up in court you would need to be able to prove that the envelope was not tampered with in any way so as to change its contents after it had been stamped.

Whats done is done, learn from this and move on, rip him like he is ripping you lol that's life.

[Mental]

I only see one problem with all this 'hes ripping you off, rip him back' thing .. So you buy yourself $1 tshirts and iron on transfers, sell'em for cheaper and what do you have .. cheap iron on t-shirts, which honestly isn't going to impress anyone.

Find out how much it would cost to get the genuine article made, on a decent cotton shirt and sell the -genuine article-, after that, who looks like the cheap knockoff.

Just a note, the more colors you got in your print, the more it cost ya to get them made professionaly

[Greenhorn]

if u still have the original file on ur hard drive then u could prove that it's ur design