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Re: SCCA article on IGN.com

To: "Pat Kelly" <lollipop@ricochet.net>, "Bill Fuhrmann" <bfuhrman@isd.net>
Subject: Re: SCCA article on IGN.com
From: "Phil Ethier" <pethier@isd.net>
Date: Sun, 16 Jul 2000 21:56:17 -0500
-----Original Message-----
From: Pat Kelly <lollipop@ricochet.net>
To: Bill Fuhrmann <bfuhrman@isd.net>
Cc: autox@autox.team.net <autox@autox.team.net>
Date: Sunday, July 16, 2000 8:54 PM
Subject: Re: SCCA article on IGN.com


>In the entry form for SCCA's National event, there's a clause at the
>bottom wherein the entrant/and car owner agree that any pictures,
>interviews, that kind of stuff can be used by SCCA in any publicity,
>advertising, event promotions and motion picture film. Maybe these folks
>filled out an entry form with that kind of clause?
>--Pat Kelly

I don't think so.  That means that pictures of your car that SCCA takes or
buys or has given to them, right?  They can't take my video and use it, can
they?  What are they going to do, take the film out of my camera at the
gate?  Reprint NAP photos in Sports Car?  I don't think so.

The Minneapolis Tribune tried that routine at a pro race ("The Tribune Grand
Prix" or some such) they sponsored at Donnybrooke/BIR.  Didn't survive a
court challenge from other newspapers.


In this case, the IGN(?) guy stole Mayhem Racing's photos from their
website.  Don't think an SCCA regional event waiver is going to allow that.
Besides, at least some and possibly all of these photos were taken at
Minnesota Autosports Club events, and we don do that photo-waiver schtick.

BTW, what that waiver DOES cover is interviews and quotes in my stories for
Sports Car as part of Rocky's Journalist Corps.  If I was to turn over to
SCCA my video of Gloria Carr that I used to make sure I quoted her
accurately, SCCA could use it in a movie.  But they can't make copies of
"Phil's Big Adventure" and use parts of it for SCCA promos without my
permission.  I distributed it with a copyright notice.

Which reminds me.  Three copies of that film are STILL at large, and I want
them back.

Phil Ethier    Saint Paul  Minnesota  USA
1970 Lotus Europa, 1992 Saturn SL2, 1986 Chev Suburban
LOON, MAC   pethier@isd.net     http://www.mnautox.com/
"If I can do it, it's not art"  - Red Green

>Bill Fuhrmann wrote:
>>
>> > All three Omni shots are of our cars.  The first is me in our
>> > rally car, second
>> > is Mary in her now deceased GLH Turbo and third is me at the
>> > second MAC does BIR
>> >
>> > event.  The bad thing is that these were used without permission or
photo
>> > credit.  Does anyone that is web literate have an opinion on
>> > whether this is
>> > cool or not?
>>
>> Definitely uncool.  Also illegal unless they have acquired permission
from
>> the photographer or whomever the photographer has given authority for the
>> pictures.
>>
>> All text and pictures (even this message) has an inherent copyright that
>> resides with it's creator.  It does not matter if there is a copyright
>> notice or not.
>>
>> No one may use a copyrighted item (except for specific "fair use" reasons
>> that this does not meet) without obtaining permission.
>>
>> If you are the owner of the copyright, you may have the person remove the
>> pictures and possibly pay damages.  If you did not mark the images with a
>> copyright notice, you may not sue for damages.
>>
>> The best recourse would be to ask for proper credit to be given or to
have
>> the pictures removed.
>



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