# Local dealer used my boat in their print ad



## justletmein (Feb 11, 2006)

So I get an ad from the local dealer (did not buy my boat from them). I'm thumbing through and I see my boat with my kids and dog in it listed in their sales ad. I'm honestly not too sure how I feel about it, kinda strange. If it were online I could ask that it be removed, but this is a print ad that's been delivered in the mail to who knows how many peeps. It's a pic I've posted on 2cool before so thinking they might have gotten it from here. I guess it's not a big deal but think they should have at least asked first. Anyone else had one of their pics show up in an ad for a San Antonio dealer?


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## Barbarian (Feb 12, 2009)

Very interesting. I wouldn't be sure how to feel about it either.


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## Dgeddings (Sep 16, 2010)

call an attorney and bring it up, what they did is illegal without explicit permission


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## hammerdown (Jan 10, 2009)

Yeah I would feel kinda weirded out. It would be different if it was just the boat. But the kiddos and the dog!


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## justletmein (Feb 11, 2006)

I haven't decided where I stand on it yet D, I'm all cornfused LOL.


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## justinsfa (Mar 28, 2009)

justletmein said:


> So I get an ad from the local dealer (did not buy my boat from them). I'm thumbing through and I see my boat with my kids and dog in it listed in their sales ad. I'm honestly not too sure how I feel about it, kinda strange. If it were online I could ask that it be removed, but this is a print ad that's been delivered in the mail to who knows how many peeps. It's a pic I've posted on 2cool before so thinking they might have gotten it from here. I guess it's not a big deal but think they should have at least asked first. Anyone else had one of their pics show up in an ad for a San Antonio dealer?


I did some research a while back on what is and isnt copyrighted....

If I remember correctly, if you post it on the www, then it is fair game.... however, the legal side of it says that any picture that you take is automatically copyrighted to you....

I had an ex-gf who had a picture end up in my inbox for some kind of XXX spam and it was AWESOME when I forwarded her the spam add. In the end, she did threaten to use the legal system to forcifully have the photo removed from their web page.... Still cracks me up to this day. A little different from your situation, but still unauthorized use, none the less.

I dont think it is a big deal, however, I do agree and think the dealer should have had the decency to ask before using it.

Contact them and let them know what you just sold them the picture for :biggrin:


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## hammerdown (Jan 10, 2009)

I know that whoever takes the photo owns the rights to it.


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## CoastalOutfitters (Aug 20, 2004)

call em and tell them they owe you tons of free stuff or your calling the hammer


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## justletmein (Feb 11, 2006)

Just sent an email to ask for info, email bounced. They spend all this money for a nice color print ad and the Sales email on the website doesn't work. I think they need a new IT guy so I may offer my services. LOL

edit: This dealer is 2 miles from my house, maybe I'll swing by on the way home tomorrow.


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## Texcam (Mar 25, 2007)

If it's used for commercial purposes they must have a signed model release.


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## alant (Dec 7, 2006)

Just curious if any the boat numbers or trailer plate can be seen in the ad? If so, you can be identified.


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## KEMPOC (Aug 24, 2010)

justletmein said:


> So I get an ad from the local dealer (did not buy my boat from them). I'm thumbing through and I see my boat with my kids and dog in it listed in their sales ad. I'm honestly not too sure how I feel about it, kinda strange. If it were online I could ask that it be removed, but this is a print ad that's been delivered in the mail to who knows how many peeps. It's a pic I've posted on 2cool before so thinking they might have gotten it from here. I guess it's not a big deal but think they should have at least asked first. Anyone else had one of their pics show up in an ad for a San Antonio dealer?


Legal? Ill leave that for someone wtih JD after their name. However, it is definately wrong. Your kids are in the picture? Wow! That was a bum move by the dealer. Who is it?


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## bigfly55 (Apr 18, 2012)

That is awful JJ. I work for an attorney and will ask him about this tomorrow. Maybe the dealer could compensate you in some way in lieu of a lawsuit. Especially since there are minors involved (guessing your kids are minors?) and they did not even attempt to get your permission, written or otherwise. Maybe a boatload of yamalube or equivalent? Or maybe some free engine/boatwork?


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## justletmein (Feb 11, 2006)

alant said:


> Just curious if any the boat numbers or trailer plate can be seen in the ad? If so, you can be identified.


Just looked again, they photoshopped the TX numbers out.



KEMPOC said:


> Legal? Ill leave that for someone wtih JD after their name. However, it is definately wrong. Your kids are in the picture? Wow! That was a bum move by the dealer. Who is it?


Carolina Skiff dealer here in San Antonio.


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## justletmein (Feb 11, 2006)

Actually scratch that, just looked at my original pic and this was taken before I got my TX numbers.


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## Kyle 1974 (May 10, 2006)

I'd be upset too if someone took something I created, and just started making copies of it for profit without my permission.


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## RogerB (Oct 11, 2005)

musta been a heck of a good photo..might be legal since you posted it in the public domain without copyright slapped all over it but I ain't no lawyer - it's not ethical as far as I'm concerned though. they should at least have had the decency to ask first. But what do I know?


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## bigfly55 (Apr 18, 2012)

Just did a quick google of "the legality of using someone elses photo in an ad...

"It is legal only if you have the written permission of the copyright holder, which is usually the person who created the image. If you create an image or writing or any other intellectual property, it is automatically copyrighted as soon as you have created it. If you use someone's intellectual property without permission (for example, taking images from a Web site and using it on your Web site), you could be sued for civil damages, or even prosctuted for a federal crime and sent to prison.
*Source(s):*

I work for a Web publishing company, and our lawyers have made us well-aware of the copyright laws."

As stated in my above post, I will inquire about this tmrw. My boss is a patent attorney and knows loads more about intillectual property and such than any one human should know.


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## Dawg (Oct 4, 2010)

I had my boat in an ad years ago, got a full tank of gas & oil,wash & waxed the boat, new $800 prop. They came & picked it up & brought it back after the shoot, I was not in it.


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## RogerB (Oct 11, 2005)

green to you bigfly55. good answer.


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## justletmein (Feb 11, 2006)

LOL, Kyle, that's cute haha.


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## ReelWork (May 21, 2004)

Same thing happened to me with probably the same local dealer. Take a look at my avatar with MY PICTURE! recognize the same boat in the ad, or the previous ad? 

I was pizzed and sort of of thought it was cool at the same time when I first saw it. Thought about legal actions, complaining, etc. and then just accepted that it was an internet picture which makes it pretty much public property unless otherwise marked (like a watermark). 

My advice, let it go. 

Guessing the business name rhymes with Blaster Gareen?


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## justletmein (Feb 11, 2006)

Yeah that's them. So I guess they make a habit out of it huh. Crazy that they've pulled two local boats, they gotta be pulling them 2cool.


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## ReelWork (May 21, 2004)

Is my picture still in the ad for the Pure Bay?


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## justletmein (Feb 11, 2006)

ReelWork said:


> Is my picture still in the ad for the Pure Bay?


No looks like a stock pic for both Pure Bays.


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## Pocketfisherman (May 30, 2005)

There's a lot of myths around copyright. First of all, if it is put on the web, it does not negate the copyright the original photographer has on the image. However, unless the image is also registered with the US copyright office, you won't likely find a lawyer to do anything other than write a cease and desist letter. The reason being is you cannot collect damages unless the image is registered with the US copyright office. Also, you have two months after you've been damaged by someone else publishing the image to complete registration, which costs $35 dollars per electronic filing. Note, you can file hundreds of images against a single filing. So if you want to pursue this with a lawyer, you need to get your image filed. But, be aware that by definition, every copyright case goes to federal court, and you'll typically be paying some substantial attorney fees to pursue this. But with the image filed, you can collect both punitive and actual damages and court and attorney fees if you win. And with a registered image, 99% of the cases will settle without going to court because they know they will lose.

All that said, for a regional publication, a photo sold for a full page would typically sell for $250-300, half that for a quarter page add photo. If it were me, I'd just send the owner of the advertisement an invoice for the photo along with proof of your original copy. Send it by registered mail, set a reasonable time period for them to pay that covers a typical billing cycle, like 45-60 days. IF they don't pay you, take them to small claims court. You might also propose compensation other than cash, like trade for goods or services.


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## Profish00 (May 21, 2004)

Congratulations. court will cost $80 bucks plus time off work. I would be flattered.


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## Pocketfisherman (May 30, 2005)

A few comments about sharing photos on the web. JPEG images can contain metadata, and most digital cameras put that data in the file. That data can be edited to show copyright status of an image and you should show your images as copyrighted all rights reserved in that metadata. There are plenty of free metadata editors, and most photo editing software has provision for editing that data. Most DSLR cameras have a way of configuring the copyright notice and holders name in the camera's setup so it gets added to every image shot. When you share photos, use a sight like Flickr that has varying degrees of licensing rights you can assign through "creative commons", or use "All Rights Reserved" if you want. Post online image in a small enough size (about 850 pixels max) that makes it difficult to use the photo for anything sized for prints. Add a watermark or copyright notice to the image itself. Doing these things won't ever protect you 100%, but it does give you ammunition to go after violators by notifying their hosting service if the image is used on line. Intellectual property law compliance will have Internet hosting sites pulling the offending images down within hours of getting notified. It also lets you take the violator to court, though again a real copyright case with punitive damages also requires registration in the copyright office. Flickr also has varying access rights you can grant so you can make it only so your friends or family can download an image, while anyone else can only view it.

The real power of copyright though is that the owner of the copyright totally controls how the image is used by law. That means if an image is registered by you and used in a violation without your consent, you could get a court order to have all copies of the offending publication pulled from service and destroyed. This is a huge hatchet to hang over the head of a publisher, and why these things get settled and they pay up if it is a clear cut violation. Filing images is easy to do online.

Anyone who takes and uses a picture owned by someone else without the original owners permission is scum and unethical. They are not worth doing business with as they've already proven their character is not worth the paper they print their cheap adds on.


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## Pocketfisherman (May 30, 2005)

Texcam said:


> If it's used for commercial purposes they must have a signed model release.


This is absolutely true. Putting the image in the public domain by photo sharing it on the web does not negate the need for a release. For profit use in an advertisement is NOT considered fair use by courts if you decide to pursue it on these grounds.


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## Bird (May 10, 2005)

Live it up, you are 'famous'. The only people that win in a court case are the lawyers, from both sides, win or lose. I'm sure that you a a few other billion people on the mighty and nebulous interweb are just as excited. Now go fishing with your family and enjoy your boat while the poor bastages at the dealership are working on Saturdays trying to sell boats and are wishing they were fishing.


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## ChampT22 (Mar 7, 2011)

These were the same people who wanted to charge a friend of mine $100, just to explain how to index a spark plug. Oh Brother.


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## wellconnected (May 30, 2005)

Copyright or no copyright, legal or not legal, it is flat WRONG!!! Especially with the kids in it! I may not take legal action but I would make those fockers bring me every printed copy to have a nice little barrel fire!


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## Lucky (Sep 1, 2005)

Just show up and tell them how you feel, and make them compensate you. You could also post the number and name on here and we'll play paper, rock, scissors to see who gets to call them.  

You can definitely get something out of them.


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## goodwood (Mar 30, 2009)

They know they're wrong. I'd see what they offer in compensation.


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## ReelWork (May 21, 2004)

goodwood said:


> They know they're wrong. I'd see what they offer in compensation.


Good luck... Just smile and be flattered. At the end of the day, it's really about the only viable option to take.

You really think they are going to say "Here, have some money. We are so sorry... " sad3sm


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## justletmein (Feb 11, 2006)

Yeah I don't expect or plan to ask for any compensation, but if they just flat out offer it I may even turn it down but it'll make me feel better. I have their flyer with me today at work and plan to stop by on the way home and ask them to explain the situation.


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## ReelWork (May 21, 2004)

justletmein said:


> Yeah I don't expect or plan to ask for any compensation, but if they just flat out offer it I may even turn it down but it'll make me feel better. I have their flyer with me today at work and plan to stop by on the way home and ask them to explain the situation.


Feel free to express my situation to help drive home the point how these are photos owned by people, those people know what there are doing, disapprove of how they are taking said photos for their own gain without consulting or compensating in any way. Maybe they could be a little more creative and offer gift cards to the winning photo used in the ads, but no... They pretty much stole the photos off the web for their own gain.

The least they could do is ask, "Hey, can we use your photo?" which I would have obgliged and would have kind of been flattered. Clearly we know where they are getting the photos.

Again, what they did is commonly viewed as stealing. Like you, I walked out to my mailbox and got the flyer saw my picture and said, "What the F**k!"

Trust me, I felt the same way... So glad I did NOT buy from them!


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## Kyle 1974 (May 10, 2006)

how do you prove that you own the rights to the original?


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## Jolly Roger (May 21, 2004)

Kyle 1974 said:


> how do you prove that you own the rights to the original?


there is embedded data in the original photo. Think someone explained it in an earlier post.

I had a bunch of photos stole also. Contacted them and they made things right. For the most part they were dumb to the fact the person who supplied the photo did not have the rights to do so. Might be the same in this case.


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## Jeff SATX (Jan 18, 2011)

doesn't surprise me.


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## Gilbert (May 25, 2004)

the photo thief is probably reading this thread. lol.


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## justletmein (Feb 11, 2006)

ReelWork said:


> Feel free to express my situation to help drive home the point how these are photos owned by people, those people know what there are doing, disapprove of how they are taking said photos for their own gain without consulting or compensating in any way. Maybe they could be a little more creative and offer gift cards to the winning photo used in the ads, but no... They pretty much stole the photos off the web for their own gain.
> 
> The least they could do is ask, "Hey, can we use your photo?" which I would have obgliged and would have kind of been flattered. Clearly we know where they are getting the photos.
> 
> ...


In the case of my boat, I don't even understand why they would use my pic rather than just a stock photo of the boat. I mean there's nothing special about my boat really and it's not even a good pic, crappy cell phone pic I took after hopping out to wade. Interesting that they used a pic of your boat after browsing and then NOT buying from them, then they used a pic of my boat after browsing and NOT buying from them and my pic isn't even a great pic... almost seems intentional as a dig for not buying from them.

Here's the pic by the way, I should have posted it to begin with.


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## InfamousJ (May 21, 2004)

Kyle 1974 said:


> I'd be upset too if someone took something I created, and just started making copies of it for profit without my permission.


really?



justletmein said:


> Yeah I don't expect or plan to ask for any compensation, but if they just flat out offer it I may even turn it down but it'll make me feel better. I have their flyer with me today at work and plan to stop by on the way home and ask them to explain the situation.


let us know how that goes....

I bet they liked the dog hanging over the side in the pic... LOL


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## justletmein (Feb 11, 2006)

InfamousJ said:


> I bet they liked the dog hanging over the side in the pic... LOL


Hopefully nobody will tell her she's a model now. I'll have to buy special food and groom her all the time and she'll probably refuse to get muddy.


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## Kyle 1974 (May 10, 2006)

InfamousJ said:


> really?


absolutely. This is serious stuff J. It's not like they did something that no one cares about like copying a hull. :rotfl::rotfl::rotfl:

It's a random photo, I personally wouldn't think twice about it. People post photos on this forum all day long. Someone is making money on this forum, mainly by memeber participation. In part, the photos we all put here and get paid nothing for.

I understand the issue that no one asked permission, but it's not like your computer was hacked JJ. It's a photo you posted on a public forum, so short of expecting compensation for your photo, I don't see the argument.


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## Longhorn (Jun 22, 2006)

I'd take you dog too and have it leave a few presents in the boats on their lot.


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## Haute Pursuit (Jun 26, 2006)

InfamousJ said:


> really?
> 
> let us know how that goes....
> 
> I bet they liked the dog hanging over the side in the pic... LOL


That dog looks like he would **** on your lawn to me...LOL


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## justletmein (Feb 11, 2006)

Kyle 1974 said:


> absolutely. This is serious stuff J. It's not like they did something that no one cares about like copying a hull. :rotfl::rotfl::rotfl:
> 
> It's a random photo, I personally wouldn't think twice about it. People post photos on this forum all day long. Someone is making money on this forum, mainly by memeber participation. In part, the photos we all put here and get paid nothing for.
> 
> I understand the issue that no one asked permission, but it's not like your computer was hacked JJ. It's a photo you posted on a public forum, so short of expecting compensation for your photo, I don't see the argument.


You seem to enjoy arguing on the wrong side of all the debates you get into. You must be an engineer or something. :slimer:
How close am I?


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## Kyle 1974 (May 10, 2006)

justletmein said:


> You seem to enjoy arguing on the wrong side of all the debates you get into. You must be an engineer or something. :slimer:
> How close am I?


A wise man once said... "you never give a **** about it (copyright) until it happens to you"

how close am I?


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## wellconnected (May 30, 2005)

justletmein said:


> You seem to enjoy arguing on the wrong side of all the debates you get into. You must be an engineer or something. :slimer:
> How close am I?


X100


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## goodwood (Mar 30, 2009)

ReelWork said:


> Good luck... Just smile and be flattered. At the end of the day, it's really about the only viable option to take.
> 
> You really think they are going to say "Here, have some money. We are so sorry... " sad3sm


of course i expect picture thieves be ethical


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## justletmein (Feb 11, 2006)

Kyle 1974 said:


> A wise man once said... "you never give a **** about it (copyright) until it happens to you"
> 
> how close am I?


You didn't answer my question, but I'll answer yours... I haven't decided how I feel about it yet. I guess it will depend on how they handle it when I swing by there this afternoon. Wife was cool with it until she saw the kids were in there, then it creeped her out. If it was just a pic of my boat I wouldn't give a **** about copywrite I don't think, I mean it's not like I put any effort into taking an artsy picture or anything...


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## Kyle 1974 (May 10, 2006)

Did your wife get creeped out when you posted the photo here, on this public forum that's basically an internet free for all?


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## InfamousJ (May 21, 2004)

go ahead and post a photo of your wife here, it'll get her mind off the photo of your kid in the boat ad... LOL

I try to avoid posting photos of family and such anywhere... there's some real freaks out there and the things they do with photshop... scares me.


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## Kyle 1974 (May 10, 2006)

wellconnected said:


> X100


making a direct copy of a well known bay boat = OK.

putting a photo in your ad that some dude already posted online = grab the tar and pitchforks.


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## justletmein (Feb 11, 2006)

Kyle 1974 said:


> Did your wife get creeped out when you posted the photo here, on this public forum that's basically an internet free for all?


Dunno I'll have to inform her that I did so and then ask if it's creepy.



Kyle 1974 said:


> ironic...I was thinking the same thing.
> 
> making a direct copy of a well known bay boat = OK.
> 
> putting a photo in your ad that some dude already posted online = grab the tar and pitchforks.


copy of a copy of a copy of a copy of a copy of a copy of an original that nobody knows where it came from = OK

Who's grabbing pitchforks? Lots of peeps have said no big deal and I'm not sure if I'm offended or not either. I will say this, you are a stubborn old fool if you think copying a non-copywrited/non-patented hull is the same thing as using an obviously copywrited photo you did not take for commercial promotions/monetary gain. Like I eluded to before, seems like you just like to argue and enjoy being on the wrong side of the debate so as to have plenty to argue about. Either that or you really do have an interest in Majek more than just an owner and are butthurt about that whole thread.


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## justletmein (Feb 11, 2006)

InfamousJ said:


> go ahead and post a photo of your wife here, it'll get her mind off the photo of your kid in the boat ad... LOL
> 
> I try to avoid posting photos of family and such anywhere... there's some real freaks out there and the things they do with photshop... scares me.


Speaking of which, Marcus where are you? I haven't seen you post in my thread yet? Don't you have a crack to make about my boat pic being stuck on a sandbar or something? :cheers:


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## Kyle 1974 (May 10, 2006)

I think you should lawyer up at this point. It's the only rational move you have to save the sanctity of your boat's image.


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## justletmein (Feb 11, 2006)

Kyle 1974 said:


> I think you should lawyer up at this point. It's the only rational move you have to save the sanctity of your boat's image.


That's what you would do, huh.


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## suelte (Oct 31, 2008)

I bet your Dog is pretty upset...


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## Gilbert (May 25, 2004)

InfamousJ said:


> go ahead and post a photo of your wife here, it'll get her mind off the photo of your kid in the boat ad... LOL
> 
> I try to avoid posting photos of family and such anywhere... *there's some real freaks out there and the things they do with photshop*... scares me.


yes there is, now show me your titties. :redface:


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## justletmein (Feb 11, 2006)

suelte said:


> I bet your Dog is pretty upset...


You kidding, she's living it up now that somebody leaked to her that she's officially a Model. I'm going to send the dealer a bill for all the special food she requires now that she wants to lose a few lbs, and the grooming sessions and having to buy her own couch to sit on. I swear if we have to get her nails painted I'm putting her up for adoption.


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## Long Pole (Jun 5, 2008)

I'd sue for mental damages.


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## ReelWork (May 21, 2004)

Just got the flyer in the mail and I see your picture - they cut your head off! :rotfl::rotfl:


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## ATX 4x4 (Jun 25, 2011)

I don't know what you do but maybe it's a sign telling you to change your career path...seems like you have an eye for photography.


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## justletmein (Feb 11, 2006)

ReelWork said:


> Just got the flyer in the mail and I see your picture - they cut your head off! :rotfl::rotfl:


That's not me, that's my teenager. I already call him short now I get to rub it in more. Ha!

I went by on the way home and talked to the locals, got a lot of "them" and "they" responses and finally had to ask directly "who is they?" and got another generic "the marketing company" response. Finally got the name, they used a company called Midlantic Marketing and they were nice enough to give me Midlantic's phone number without me asking.


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## Bird (May 10, 2005)

Great pic of real local people out enjoying a boat sold by a local dealer. Don't sweat it bud. If it bothers you that much, ask them not to do it again.


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## ReelWork (May 21, 2004)

Bird said:


> Great pic of real local people out enjoying a boat sold by a local dealer. Don't sweat it bud. If it bothers you that much, ask them not to do it again.


That's the problem and the irony - not only did the local dealer NOT sell the boat and the people happily took their business elsewhere, they followed it up with posting a stolen picture off the web in their sales brochure!


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## Gilbert (May 25, 2004)

justletmein said:


> That's not me, that's my teenager. I already call him short now I get to rub it in more. Ha!
> 
> I went by on the way home and talked to the locals, got a lot of "them" and "they" responses and finally had to ask directly "who is they?" and got another generic "the marketing company" response. Finally got the name, they used a company called Midlantic Marketing and they were nice enough to give me Midlantic's phone number without me asking.


http://www.midlantic.net/contactus.htm


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## justletmein (Feb 11, 2006)

Gilbert said:


> http://www.midlantic.net/contactus.htm


Yep. I wasn't too bothered by local boat dealer, but marketing company should know better. I'm thinking about the whole thing now.


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## clint623 (Jan 31, 2012)

justletmein said:


> Yep. I wasn't too bothered by local boat dealer, but marketing company should know better. I'm thinking about the whole thing now.


I would probably see if the dealer had to give them the pictures or if they had to come up with the pictures themselves.


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## fishin shallow (Jul 31, 2005)

They should pay off your boat note for that


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## ReelWork (May 21, 2004)

fishin shallow said:


> They should pay off your boat note for that


COMPLETELY AGREE! :biggrin:


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## justletmein (Feb 11, 2006)

clint623 said:


> I would probably see if the dealer had to give them the pictures or if they had to come up with the pictures themselves.


I spoke with the local dealer owner yesterday and asked where the image came from. He said he didn't know, and that the marketing company did everything. I think I'll contact Midlantic and verify whether they provided the pic or not. Too much of a coincidence that two local boats (that we know of) have been in these flyers out of the multitude that could be found on the web.


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## clint623 (Jan 31, 2012)

justletmein said:


> I spoke with the local dealer owner yesterday and asked where the image came from. He said he didn't know, and that the marketing company did everything. I think I'll contact Midlantic and verify whether they provided the pic or not. Too much of a coincidence that two local boats (that we know of) have been in these flyers out of the multitude that could be found on the web.


I'll agree with that. So are you selling your boat? or are they using it to sell factory boats? If their using it to sell factory boats then i'd have a problem with it. Sorry i'm not willing to read the 4 or however many pages there are.

Edit: Excuse me, 8 pages... definitely NOT gonna read lol


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## justletmein (Feb 11, 2006)

clint623 said:


> I'll agree with that. So are you selling your boat? or are they using it to sell factory boats? If their using it to sell factory boats then i'd have a problem with it. Sorry i'm not willing to read the 4 or however many pages there are.
> 
> Edit: Excuse me, 8 pages... definitely NOT gonna read lol


LOL... OK Cliffs for anyone who just ran across the thread:

1) Some time in February I took a pic of two of my boys and my dog in the boat on the water, then I posted it here on 2cool.

2) I check the mail and a local dealer ad with some coupons is in there, happen to notice my boat and my boys in their ad for new Carolina Skiff 218 DLV's (factory boats). You know the "Starting at $$$" type pics.

3) Dealer claims no knowledge and blames marketing company out of state.

4) Kyle is dragging baggage from the BEMM boat thread because he's butthurt over his Majek value dropping and/or he owns stock in Majek or has some other interest in the company.

5) You're now up to date for the last 8 pages


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## clint623 (Jan 31, 2012)

LMFAO LMAO!!!! I REALLY like no. 4 GREEN TO YOU JJ!!!


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## Tennif Shoe (Aug 11, 2011)

sound like you need a royalty check, 10% of all sales from the date published for say 3 months


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## Kyle 1974 (May 10, 2006)

Or JJ is thinking he can actually get some money out of this deal but doesn't really want to admit that's the real motive.


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## clint623 (Jan 31, 2012)

Kyle 1974 said:


> Or JJ is thinking he can actually get some money out of this deal but doesn't really want to admit that's the real motive.


How do you have so much green for all the **** talking you do???


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## Kyle 1974 (May 10, 2006)

clint623 said:


> How do you have so much green for all the **** talking you do???


Why aren't you the most popular fishing guide in POC even though you consistently catch more fish than anyone else in your flat bottom?

Just another mystery that goes unanswered.


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## clint623 (Jan 31, 2012)

wow, somebody woke up on the wrong side of the bed...lol


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## Gilbert (May 25, 2004)

must be that time of the month.......


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## justletmein (Feb 11, 2006)

Gilbert said:


> http://www.midlantic.net/contactus.htm


That's not them, it's these guys: http://www.mmsidirect.com/mmsi2/


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## bigfly55 (Apr 18, 2012)

pm sent JJ


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## bigfly55 (Apr 18, 2012)

Did a little pokin around on the keyboard and came up with this:

"A party is guilty of copyright infringement if they violate one of the five exclusive rights given to copyright owners under the Copyright Act. Included in those rights are the right to prevent others from reproducing (or copying) a work, publicly displaying a work, or distributing a work. As a result, web page authors should take care not to copy the work of others."

"Taking images from third-parties. The simple rule is, "Don't steal someone else's images." The moment an original image (or string of text) is fixed on a hard drive for the first time, it is protected by copyright. Any unauthorized copying of a protected image is an infringement of the creator's copyright, unless the use falls within one of the very limited exceptions to the copyright law, such as "fair use." In most cases, it is unlikely that the incorporation of an image into a commercial web-site would be considered a fair use."

http://www.bitlaw.com/internet/webpage.html

I know this is primarily talking about wep page design stuff, but believe same general rules apply to print media in this instance.


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## bigfly55 (Apr 18, 2012)

Kyle 1974 said:


> Or JJ is thinking he can actually get some money out of this deal but doesn't really want to admit that's the real motive.


 @ kyle

soooo by your logic, if you were driving down a country road in bfe and happened to see $100 bills all over the side of the road you would not stop to pick em up? Get real and stop being a hater.


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## justletmein (Feb 11, 2006)

Thx for the info bigfly, appreciate it. 

Update. I guessed at the email address of the marketing company's CEO and sent him an email inquiring who to speak with, he replied back with his contact info and I tried to call but got voicemail. Right now I'm just trying to confirm what the dealer told me and find out exactly who is the party that lifted the pics from the web.


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## Kyle 1974 (May 10, 2006)

bigfly55 said:


> @ kyle
> 
> soooo by your logic, if you were driving down a country road in bfe and happened to see $100 bills all over the side of the road you would not stop to pick em up? Get real and stop being a hater.


Weren't you the one who shoots at other boats with a flare gun? I'd like to sit down with you an debate the principles of logic sometime.


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## justletmein (Feb 11, 2006)

Kyle 1974 said:


> Weren't you the one who shoots at other boats with a flare gun? I'd like to sit down with you an debate the principles of logic sometime.


He's just trying to warn the Majek boats about the cracks developing in the hulls as they go by.


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## Kyle 1974 (May 10, 2006)

You're probably right. Those things are like ticking timebombs out there.


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## bigfly55 (Apr 18, 2012)

That would be me Kyle. And I will gladly put one in front of your boat if you burn the shoreline in front of me . I'm not embarrased, ashamed, or reluctant to do it, and can assure you I don't lose any sleep over it.


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## Kyle 1974 (May 10, 2006)

You'll probably be losing sleep when a 350 lb inmate with a tear drop tattoo makes you his love slave after you hit someone with one of those flares.


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## TBird1610 (Jan 28, 2011)

Doesn't seem likely that an out of state marketing company would use local pics in their promotions. Makes more sense that they get the pics from the dealer and work them into their marketing strategy. Just say'in.

If you go after someone go after the dealer and let them point fingers all they want. It's their ad and they are ultimately responsible for the content. Pics of boats are one thing but taking a pic with kids in it and using it in their ad is a whole different level.

It's legal for someone to take a picture of my house. If that same picture captures pictures of people, they must get a written release to use it.

Bottom line is it says a lot about the integrity of the dealer. No way would I buy a boat from them.


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## InfamousJ (May 21, 2004)

TBird1610 said:


> Doesn't seem likely that an out of state marketing company would use local pics in their promotions. Makes more sense that they get the pics from the dealer and work them into their marketing strategy. Just say'in.
> 
> If you go after someone go after the dealer and let them point fingers all they want. It's their ad and they are ultimately responsible for the content. Pics of boats are one thing but taking a pic with kids in it and using it in their ad is a whole different level.
> 
> ...


This X2.. dealer is the responsible party being THEIR ad.... you could tell them that you would like to get down to the bottom of how your picture was lifted because you are considering legal action to prevent it in the future since you cannot get any information on your own about how it was lifted. They would probably start talking for you.



bigfly55 said:


> That would be me Kyle. And I will gladly put one in front of your boat if you burn the shoreline in front of me . I'm not embarrased, ashamed, or reluctant to do it, and can assure you I don't lose any sleep over it.


 you may be worse than any potlicker out there on the water.. actually, you are! LMMFAO... The ultimate "I OWN THE BAY" is shooting a f'n flare at someone.. pa-f'n-thetic.


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## justletmein (Feb 11, 2006)

TBird1610 said:


> Doesn't seem likely that an out of state marketing company would use local pics in their promotions. Makes more sense that they get the pics from the dealer and work them into their marketing strategy. Just say'in.
> 
> If you go after someone go after the dealer and let them point fingers all they want. It's their ad and they are ultimately responsible for the content. Pics of boats are one thing but taking a pic with kids in it and using it in their ad is a whole different level.
> 
> ...


It does say a lot about the dealer, and this one already has a bad rep. I came close to buying my boat from them and backed out at the end and bought from a more reputable dealer. The other person who had their pic stolen also came close to buying from them and backed out... coincidence? I agree the pics likely came from the dealer and they provided the pics to the marketing company, but they're claiming it's not so, so I'm following up with the marketing company to see what they say. I don't want to "go after" the dealer, SA has so few boat dealers already and this is a small shop I don't want to cause unnecessary headaches on them. Having said that, if the dealer did provide the pics then the owner stood there and lied straight to my face about it so I will make a second trip in there specifically to ***** at him about the lie. Also the parts guy at this dealer is super cool and pretty knowledgeable from what I can tell and I'd like to be allowed back in the building if I ever need to buy a part. LOL


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## justinsfa (Mar 28, 2009)

bigfly55 said:


> That would be me Kyle. And I will gladly put one in front of your boat if you burn the shoreline in front of me . I'm not embarrased, ashamed, or reluctant to do it, and can assure you I don't lose any sleep over it.


Not that this has anything to do with the thread at hand.... but I read that "flare gun" thread and you are totally full of it and I am doubtful that you ever have or would ever do such a thing as shooting a flare at a passing vessel.

Sounds like a bunch of big internet tough guy talk.


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## bigfly55 (Apr 18, 2012)

Think that has been discussed on this thread too much already. Dig up my original post about that, and I will discuss further there if you really desire. 

Good luck dealing with these folks JJ.


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## justinsfa (Mar 28, 2009)

bigfly55 said:


> Think that has been discussed on this thread too much already. Dig up my original post about that, and I will discuss further there if you really desire.
> 
> Good luck dealing with these folks JJ.


No discussion necessary.

If you have indeed fired your flare gun at 3 different vessels, which I highly doubt.... then you are very lucky to be alive or free to roam the streets.

More the reason I call BS..


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## bigfly55 (Apr 18, 2012)

ermm it just might have something to do with it if you would read just the first page of my original thread about it..I know I'm asking a lot, but it might help clarify some things for ya


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## McDaniel8402 (Dec 7, 2011)

Jeepers! This is a fun thread! hahahahaha.


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## justinsfa (Mar 28, 2009)

bigfly55 said:


> ermm it just might have something to do with it if you would read just the first page of my original thread about it..I know I'm asking a lot, but it might help clarify some things for ya


Seems I read it just fine....

"*bigfly55*








Registered Users-pm+
Join Date: Apr 18 2012
Location: houston/poc

Have used the flare gun before with astonishingly good results. Have fired it three times "at" boats that would have passed within casting distance of me while wading and did not lose any sleep over it. I have never fired it directly at them, but usually led em by about 100'. Gotta give that flare time to get smoking before they reach where its path took it."

Clearly says you fired your flare gun "AT" boats three times.... What am I missing?


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## blow up (Dec 31, 2011)

It's funny how someone can "copy" a picture, post it in an add to bring in revenue, and it is wrong, wrong, wrong.

BUT, the same someone's think its perfectly fine to pop a mold of a boat and sell it. 

So just exactly where is the line drawn?


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## caldvn (Sep 25, 2009)

Flare, boat, fuel, intentional... and a "history". That should be interesting.


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## justletmein (Feb 11, 2006)

blow up said:


> It's funny how someone can "copy" a picture, post it in an add to bring in revenue, and it is wrong, wrong, wrong.
> 
> BUT, the same someone's think its perfectly fine to pop a mold of a boat and sell it.
> 
> *So just exactly where is the line drawn?*


Well, according to the LAWS of copyright that's the way it works.  
If that boat were actually original and patented/copyrighted then it would not be OK. Since it's not original and is a copy of a copy itself it's therefore not patented/copyrighted and hence they have no claim. For example, if I googled up a pic of a boat like mine and posted it here, then this place took "my" pic and used it I would have no problem with it. lol not that hard to understand.


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## ReelWork (May 21, 2004)

This thread is about ready for the trash can...


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## blow up (Dec 31, 2011)

justletmein said:


> Well, according to the LAWS of copyright that's the way it works.
> If that boat were actually original and patented/copyrighted then it would not be OK. Since it's not original and is a copy of a copy itself it's therefore not patented/copyrighted and hence they have no claim. For example, if I googled up a pic of a boat like mine and posted it here, then this place took "my" pic and used it I would have no problem with it. lol not that hard to understand.


Both of them are wrong. Can something be more wrong? Or does a law have to be in place to suggest how wrong it is?


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## justletmein (Feb 11, 2006)

blow up said:


> Both of them are wrong. Can something be more wrong? Or does a law have to be in place to suggest how wrong it is?


There is ethically wrong and legally wrong. The difference here is Majek cannot complain because they copied that hull from whomever else created it (apparently). Had they created it they would have patented it like some of the other hulls.


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## Kyle 1974 (May 10, 2006)

justletmein said:


> There is ethically wrong and legally wrong. The difference here is Majek cannot complain because they copied that hull from whomever else created it (apparently). Had they created it they would have patented it like some of the other hulls.


using the pad off a bass boat isn't quite in the same leage as using an xtreme to make the bemm blaze...

the ability for boatbuilders to even protect any design by copyright wasn't available until 1998, so any boats built before that time are difficult to copyright.


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## blow up (Dec 31, 2011)

So which manufacturer did Majek supposedly pop a mold from? Let's dont let facts get in the way of some good rumors.


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## justletmein (Feb 11, 2006)

blow up said:


> So which manufacturer did Majek supposedly pop a mold from? Let's dont let facts get in the way of some good rumors.


There's a 20 page thread on it, go do some reading.


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## blow up (Dec 31, 2011)

I take that as, you don't know.


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## clint623 (Jan 31, 2012)

blow up said:


> I take that as, you don't know.


no, everybody whos read the thread know.. It's just more exciting for us to not tell you. lol

I will tell you that Kyle certainly put on a show with having stocks in Majek....


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## Kyle 1974 (May 10, 2006)

Majek is a private company .... I'll see if you can figure that one out, genius.


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## justletmein (Feb 11, 2006)

blow up said:


> I take that as, you don't know.


It means go discuss it in the appropriate thread.  I don't do the reading for anyone over the age of 5, you want answers go do the reading. You're a couple days late on that discussion though, it's run it's course.


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## InfamousJ (May 21, 2004)

I ALLLways miss the goood stuff.


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## blow up (Dec 31, 2011)

justletmein said:


> It means go discuss it in the appropriate thread.  I don't do the reading for anyone over the age of 5, you want answers go do the reading. You're a couple days late on that discussion though, it's run it's course.


I watched that thread unfold...I don't think a specific manufacturer, who was supposedly copied by Majek, was ever mentioned. I could be wrong though. So, all I've seen are assumptions and accusations.

IF Majek copied a hull design, does it make it right for BEMM to copy Majek?
Two wrongs don't make a right.

So, what yall are telling me is there are times when you can steal someone's work and times when you can't? It's all circumstancial. If there isn't a law then by all means do it. Ethics and morals, just throw those out of the window.


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## clint623 (Jan 31, 2012)

blow up said:


> I watched that thread unfold...I don't think a specific manufacturer, who was supposedly copied by Majek, was ever mentioned. I could be wrong though. So, all I've seen are assumptions and accusations.
> 
> IF Majek copied a hull design, does it make it right for BEMM to copy Majek?
> Two wrongs don't make a right.
> ...


Wrong thread bud..


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## blow up (Dec 31, 2011)

Clinton, I'm sorry you have a hard time with reading comprehension. It does pertain to this thread. Same people who were saying that it was cool for BEMM to copy Majek are screaming its wrong for dealership to use the photos.


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## clint623 (Jan 31, 2012)

blow up said:


> Clinton, I'm sorry you have a hard time with reading comprehension. It does pertain to this thread. Same people who were saying that it was cool for BEMM to copy Majek are screaming its wrong for dealership to use the photos.


It may pertain to the same concept but we aren't talking about BEMM or Majek.


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## blow up (Dec 31, 2011)

clint623 said:


> It may pertain to the same concept but we aren't talking about BEMM or Majek.


Nope, Clinton, we are talking about ethics and morals. Both of which seem to have disappeared from each of these establishments(BEMM and the local dealership.).


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## justletmein (Feb 11, 2006)

blow up said:


> Clinton, I'm sorry you have a hard time with reading comprehension. It does pertain to this thread. Same people who were saying that it was cool for BEMM to copy Majek are screaming its wrong for dealership to use the photos.


Looks like you're the one with the comprehension problem. You want to discuss it go to the appropriate thread and talk about it there.

Copyrighted pics = illegal 
Copy of non-patented/non-copyrighted product that's a copy of a copy = perfectly legal


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## justletmein (Feb 11, 2006)

Update. Got an email back from the Midlantic Marketing CEO, he's out of the office until Monday but said he's going to follow up with his staff when he gets back. He said they have full time artists on staff that produce pics and such for the flyers and that he can't imagine one of them just grabbing a pic from Google. Hopefully we'll get some more info on Monday.


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## blow up (Dec 31, 2011)

justletmein said:


> Looks like you're the one with the comprehension problem. You want to discuss it go to the appropriate thread and talk about it there.
> 
> Copyrighted pics = illegal
> Copy of non-patented/non-copyrighted product that's a copy of a copy = perfectly legal


Sweet, thanks for the explanations. Also, thanks for letting me know something must be illegal to be wrong.


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## justletmein (Feb 11, 2006)

blow up said:


> Sweet, thanks for the explanations. Also, thanks for letting me know something must be illegal to be wrong.


Well you can ***** about things that are wrong all you want but in the end you're wasting your breath because nobody gives a **** what you think. Don't believe me, just look at the Croaker and Keep 5 threads or take a look at the Bluewater board and watch the **** storm after they find all the tournament winning sharks rotting in the canal.


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## blow up (Dec 31, 2011)

justletmein said:


> Well you can ***** about things that are wrong all you want but in the end you're wasting your breath because nobody gives a **** what you think. Don't believe me, just look at the Croaker and Keep 5 threads or take a look at the Bluewater board and watch the **** storm after they find all the tournament winning sharks rotting in the canal.


Thanks. Wish you the best with the picture.


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## Yams (Jul 16, 2008)

justletmein said:


> Actually scratch that, just looked at my original pic and this was taken before I got my TX numbers.


This dealer wouldnt be the one at 1604 and Braun Rd area would it? If so, I have had a terrible time with them on an Evinrude service issue. A member here also had them use a picture of his Blue Wave in an Ad without his permission, he fought it with them and they removed it, if memory serves.


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## Yams (Jul 16, 2008)

ReelWork said:


> Same thing happened to me with probably the same local dealer. Take a look at my avatar with MY PICTURE! recognize the same boat in the ad, or the previous ad?
> 
> I was pizzed and sort of of thought it was cool at the same time when I first saw it. Thought about legal actions, complaining, etc. and then just accepted that it was an internet picture which makes it pretty much public property unless otherwise marked (like a watermark).
> 
> ...


Nevermind, he beat me to it...Id highly reccomend avoiding this place at all costs. I have personally had them try to rip me off on a service issue, and have heard numerous other stories of people experiencing the same thing. Not to mention they apparently have no problems using peoples personal property for their marketing without asking.


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## justletmein (Feb 11, 2006)

Yams said:


> This dealer wouldnt be the one at 1604 and Braun Rd area would it? If so, I have had a terrible time with them on an Evinrude service issue. A member here also had them use a picture of his Blue Wave in an Ad without his permission, he fought it with them and they removed it, if memory serves.





Yams said:


> Nevermind, he beat me to it...Id highly reccomend avoiding this place at all costs. I have personally had them try to rip me off on a service issue, and have heard numerous other stories of people experiencing the same thing. Not to mention they apparently have no problems using peoples personal property for their marketing without asking.


Yeah that's them. Their parts guy seems really cool, but he's just parts. I called them about the Suzuki "Gimme" service and they said they don't participate so ended up hauling my boat down to Rockport for service.



blow up said:


> Thanks. Wish you the best with the picture.


Thanks


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## justletmein (Feb 11, 2006)

Update: Got another email back from the Midlantic Marketing CEO, as promised he followed up with his art staff this morning. He said they use a 3rd party image broker for some of their stuff and he's going to follow up with the broker. He's been very polite and seems to also be interested in getting to the bottom of it all.


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## ANYBDYHERE (Mar 16, 2007)

Dgeddings said:


> call an attorney and bring it up, what they did is illegal without explicit permission


Not if he posted the pic
on a public forum....


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## clint623 (Jan 31, 2012)

justletmein said:


> Update: Got another email back from the Midlantic Marketing CEO, as promised he followed up with his art staff this morning. He said they use a 3rd party image broker for some of their stuff and he's going to follow up with the broker. He's been very polite and seems to also be interested in getting to the bottom of it all.


I'm glad they're taking care of you and keeping you updated.


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## raysmith (Mar 4, 2012)

Wa wa wa wa wa!!!!!!!!!!!


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## spurgersalty (Jun 29, 2010)

raysmith said:


> Wa wa wa wa wa!!!!!!!!!!!


Any more words of wisdom? 
Let me guess, tomorrow is 2 syllable day at daycare?


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## bigfly55 (Apr 18, 2012)

ANYBDYHERE said:


> Not if he posted the pic
> on a public forum....


doesn't matter where the pic was posted, it is still illegal. They broke at least three copyright laws and know it. Why do you think the bossman at advert company being so nice? If not illegal, no phone call or email would have been returned...


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## clint623 (Jan 31, 2012)

bigfly55 said:


> doesn't matter where the pic was posted, it is still illegal. They broke at least three copyright laws and know it. Why do you think the bossman at advert company being so nice? If not illegal, no phone call or email would have been returned...


x2:cheers::brew2::bounce::walkingsm:mpd::dance:


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## Gilbert (May 25, 2004)

did you get the boat paid off yet?


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## rebelangler (May 21, 2004)

after 14 pages we need some more popcorn...ill make the beer run


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## justletmein (Feb 11, 2006)

Gilbert said:


> did you get the boat paid off yet?


lol that's never gonna happen. Actually that CEO said he was gonna follow up with some image broker or something, I went fishing and kinda forgot about it all while waiting. I'm gonna send another email this morning and see what's up. I just want an explanation why my image was used over the high quality professional stuff that's provided to them free of charge from the manufacturer.


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## clint623 (Jan 31, 2012)

Any news?


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## justletmein (Feb 11, 2006)

clint623 said:


> Any news?


I totally forgot again, gonna email that CEO dude now and see but I get the feeling he's hoping I'll just forget about it... which is happening. Wife happened to mention it to one of her nurse co-workers the other day and turns out her husband is a patent attorney. I don't think they said anything to him though.


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## bobo33 (Aug 22, 2011)

contact Hargis, on 2cool he's a lawyer, he might tell you what to do.


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## Gilbert (May 25, 2004)

man, you got blown off. I bet they are on here looking for more boat pics for the next ad.


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## justletmein (Feb 11, 2006)

Gilbert said:


> man, you got blown off. I bet they are on here looking for more boat pics for the next ad.


Yeah all I get now is that he's waiting to hear back from some 3rd party dude. Pretty sure he's just waiting for me to forget about it and go away which is working so far, been busy with other things.


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