I hope GM doesn't follow suit. Why ford as a company, SUX
01-15-2008, 12:35 PM
#21
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Originally Posted by mstrwolfgang
I have been working in the photo-development biz for about five years now, and according to US Copyright and Patent laws regarding photographs, the photograph is the sole property of the photographer and not the person/thing being photographed.
This is why when you get your photos done at a studio, most photo labs (the ones who follow the law anyway) tell you that you will need a copyright release form in order to use their machines to make duplicates.
As far as the photos go, Ford can in NO way claim rights to them. However, according to patent/trademark laws, there may be some sort of contradiction to this regarding use of a design for profit.
If I were a judge in this case, I would probably rule that because it was a photograph that was taken, there is no grounds for Ford'* dispute, due to the fact that the person(*) in question were not attempting to duplicate the actual product.
This is why when you get your photos done at a studio, most photo labs (the ones who follow the law anyway) tell you that you will need a copyright release form in order to use their machines to make duplicates.
As far as the photos go, Ford can in NO way claim rights to them. However, according to patent/trademark laws, there may be some sort of contradiction to this regarding use of a design for profit.
If I were a judge in this case, I would probably rule that because it was a photograph that was taken, there is no grounds for Ford'* dispute, due to the fact that the person(*) in question were not attempting to duplicate the actual product.
01-15-2008, 12:53 PM
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This is so rediculous. So if this is really legite, they could go after a guy with an Ebay ad showing pictures of a Ford car. Magazines would have to get consent for every car they have in their magazine. Movies would have to pay Ford to use their cars, not the other way around. Heck, I can't take a picture of my wife in front of McDonalds becuase I would get sued by the clothing designer of the clothes she is wearing, as well as by McDonalds for showing their restaurant. 
01-15-2008, 02:23 PM
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Absolutely stupid. I don't care if there'* some obscure fine print that gives Ford the legal right to do this. It'* RIDICULOUS and not a way to treat your customers.
01-16-2008, 12:24 PM
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That'* good news. Ford is ridiculous, apparently TurboMustangs.com had to change its name to TurboForums.com because Ford was harassing them too. That'* right, alienate your most loyal fans. Nice work.
01-16-2008, 12:28 PM
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even though they have now changed their mind, the damage is already done. I think this little stunt has soured a lot of people against the brand. It'* changed my perception, though I never did think TOO highly of Ford in the first place.
01-16-2008, 12:49 PM
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Originally Posted by Custom88
even though they have now changed their mind, the damage is already done. I think this little stunt has soured a lot of people against the brand. It'* changed my perception, though I never did think TOO highly of Ford in the first place.
They definitely made a huge mistake IMO.
01-18-2008, 09:02 AM
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Posted here
My name is Whitney Drake and I work in Ford Communications.
We've been watching this discussion with interest and I'd like to
clarify what is essentially a misunderstanding.
Yesterday we spoke to both Cafe Press and the Black Mustang Club
and explained the situation (about the Black Mustang Club’* calendar) to everyone'* satisfaction. Ford has no problem with Mustang or other car owners taking pictures of their vehicles for use in club materials like calendars. What we do have an issue with are individuals using Ford’* logo and other trademarks for products they intend to sell. Understandably, we have to take the protection of our brands and licensing very seriously.
Ford did not send the Black Mustang Club a “cease and desist” letter telling them that they could not use images of their own cars in their calendar. The decision not to allow the calendars to be printed was made by Cafe Press, because we had gotten in touch with them in the past about trademark infringements on products they sold.
The Black Mustang Club, and any other Ford enthusiast club, are free to take pictures of their own vehicles for use in calendars or other materials as long as they don't use Ford trademarks in products that will be sold.
I think it is great that the Black Mustang Club, and any other enthusiast club, would take pictures of their own vehicles for use in calendars or other materials.
I'm looking forward to purchasing a copy to hang in the garage next
to my Mustang (even if mine isn't black).
Thanks for giving us the chance to have our say.
We've been watching this discussion with interest and I'd like to
clarify what is essentially a misunderstanding.
Yesterday we spoke to both Cafe Press and the Black Mustang Club
and explained the situation (about the Black Mustang Club’* calendar) to everyone'* satisfaction. Ford has no problem with Mustang or other car owners taking pictures of their vehicles for use in club materials like calendars. What we do have an issue with are individuals using Ford’* logo and other trademarks for products they intend to sell. Understandably, we have to take the protection of our brands and licensing very seriously.
Ford did not send the Black Mustang Club a “cease and desist” letter telling them that they could not use images of their own cars in their calendar. The decision not to allow the calendars to be printed was made by Cafe Press, because we had gotten in touch with them in the past about trademark infringements on products they sold.
The Black Mustang Club, and any other Ford enthusiast club, are free to take pictures of their own vehicles for use in calendars or other materials as long as they don't use Ford trademarks in products that will be sold.
I think it is great that the Black Mustang Club, and any other enthusiast club, would take pictures of their own vehicles for use in calendars or other materials.
I'm looking forward to purchasing a copy to hang in the garage next
to my Mustang (even if mine isn't black).
Thanks for giving us the chance to have our say.