If someone is using a picture of your car there is really not much
you can do about it. As a photographer/video producer/communication
professor, I can tell you the following:
Pros get releases just so they don't have to bother with any problems
not because everything has a right attached to it. The right must be
proven in court. It is unambiguous that the photographer owns the
picture buthat might not be owned is the right to use the picture in
some way such as copyright, trademark or endorsement.
If the gentleman took a picture of your car in a public place you
have little recourse against him. If you took the picture, you could
ask him to stop but their isn't much of a way to stop him short of a
suit. Ebay will tell you they would be glad to remove it if you
provide them a court order.
The closest legal cases to this kind of thing is that companies have
tried to stop people from using pictures of their buildings. They
loose. However - if you can show that your car in the picture
somehow endorses the product, then you own your publicity rights. I
used to be photographer for a worldwide construction machinery
corporation and we never got releases from anyone except the people
in the pictures. We did however ask the owners for permission to
take the pictures. The pictures of the machines was not a problem.
If the name of the company was on the machine (which we tried not to
do anyway) then they could be considered endorsing the product.
I think it is interesting he used a picture that didn't show his
product.
About all you really can do is send him an email telling him your
uncomfortable with him using the picture. He will likely ignore you.
If you contact ebay, they will likely say send us a court order and
we will enforce it.
Mike
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