Have I been violated?

Discussion in 'Community Discussion' started by macswitcha2, Aug 10, 2010.

  1. macswitcha2 macrumors 65816

    Joined:
    Oct 18, 2008
    #1
    I feel like I have a lawsuit or money owed to me at hand against am organization. An organization used a line from one of my songs as a title of a DVD they put out and used images of me reciting the the lyrics to the song. They are selling this DVD for $30 each.

    What is violated here? I did not sign any release forms or gave them permission to use a line from my song as a title to their DVD project nor was I under the impression that the DVD was going to be sold.
     
  2. benflick macrumors 68020

    benflick

    Joined:
    Jul 11, 2008
    Location:
    Cincinnati, Ohio
    #2
    Was expecting a whole different thread topic...
     
  3. Hellhammer Moderator

    Hellhammer

    Staff Member

    Joined:
    Dec 10, 2008
    Location:
    Finland
    #3
    It's still your copyright, they should not have a right to use it without your permission. Contact your lawyer, he can tell you a lot more than any of us can
     
  4. macswitcha2 thread starter macrumors 65816

    Joined:
    Oct 18, 2008
    #4

    yeah, I see. It was misleading, sorry.
     
  5. liamkp macrumors 68020

    liamkp

    Joined:
    May 29, 2010
    #5
    I know.

    I guess call a/your lawyer and see what he/she says.
     
  6. 184550 Guest

    Joined:
    May 8, 2008
    #6
    The short of it is that if you even seek legal advice, you will spend more money than any settlement will get you.

    I take it the photos were taken at public performance of the material in question? And that you did not post signs and/ or make an announcement that photos, videos or recordings of the materials were not permitted?

    As for the title, they can easily make the argument that they thought it up and were not aware its relation or relevance to your work.
     
  7. Dagless macrumors Core

    Dagless

    Joined:
    Jan 18, 2005
    Location:
    Fighting to stay in the EU
    #7
    Go seek legal advice.
    A few years ago some guy on eBay was selling signed copies of my games (they were freeware) on disc. I expressively mentioned in the readme files that if you were charged for this to contact the seller and give them hell.
    He backed off instantly and closed his account, no lawyers were needed that time.
     
  8. spillproof macrumors 68020

    spillproof

    Joined:
    Jun 4, 2009
    Location:
    USA
    #8
    That is copyright infringement and something about using your likeness with out permission.
     
  9. benflick macrumors 68020

    benflick

    Joined:
    Jul 11, 2008
    Location:
    Cincinnati, Ohio
    #9
    Not your fault haha. Just a dirty mind on my end.
    I expect to see this thread in "Amusing thread titles" thread.
     
  10. Teh Don Ditty macrumors G4

    Teh Don Ditty

    Joined:
    Jan 15, 2007
    Location:
    Maryland
    #10
    Totally feel jipped after reading this thread.

    *demands refund*

    Speaking of refunds, you should probably seek that.
     
  11. Ttownbeast macrumors 65816

    Joined:
    May 10, 2009
    #11
    If they did not use the whole song there is the possibility of fair use protecting them. However if they are using your image without your consent you might be able to go after them for that. A sound bite from a song would be considered fair use the whole song on the other hand could lead to a lawsuit. if you were captured on video and did not sign a consent form to appear on the DVD they would have to at a minimum edit the scene to disguise your face (just like some suspects and bystanders do on Cops) or remove the scene completely.
     
  12. Xavier macrumors 68020

    Joined:
    Mar 23, 2006
    Location:
    Columbus
    #12
    I think we all were.
     
  13. Ttownbeast macrumors 65816

    Joined:
    May 10, 2009
    #13
    Yah, I was at first too expecting something like the OP complaining of some horrible gardening accident such as falling backwards and sitting on a cucumber.
     
  14. benflick macrumors 68020

    benflick

    Joined:
    Jul 11, 2008
    Location:
    Cincinnati, Ohio
    #14
    I was leaning more on the sodomy side of things.
     
  15. Ttownbeast macrumors 65816

    Joined:
    May 10, 2009
    #15
    Well it is sodomy to use a vegetable in such a manner
     
  16. ucfgrad93 macrumors P6

    ucfgrad93

    Joined:
    Aug 17, 2007
    Location:
    Colorado
    #16
    Agreed, doesn't seem right, but a lawyer would know for sure.
     
  17. yojitani macrumors 68000

    yojitani

    Joined:
    Apr 28, 2005
    Location:
    An octopus's garden
    #17
    If they are making money from it, go after it. If not, a cease and desist order should be enough. You need the lawyer though.
     
  18. mscriv macrumors 601

    mscriv

    Joined:
    Aug 14, 2008
    Location:
    Dallas, Texas
    #18
    Was the pic/video taken in a public place? I'm no lawyer, but I believe that makes a difference. Can you give us some more details about the circumstances. I have seen some reported lawyers respond in other threads so having a few more details may help them give you a more accurate response. Of course as others have said you really need to seek local legal counsel to understand your rights and options.
     
  19. macswitcha2 thread starter macrumors 65816

    Joined:
    Oct 18, 2008
    #19
    Sure, without giving to much info, this was not a case where I happen to stumble across something and saw my image and music and title. I was asked to participate in a DVD project. However, I did not know it was going to be sold and I did not give permission to use my image or music for their profit. Then, part of my lyrics, which I recite on the DVD, was used as the DVD's title.

    I feel funny because I respect some of the organizations employees but I feel like they owe me money for profiting off some of my ideas. They have been selling this DVD for $30 and counting.
     
  20. mscriv macrumors 601

    mscriv

    Joined:
    Aug 14, 2008
    Location:
    Dallas, Texas
    #20
    When you say you were asked to participate in a "DVD project", did you sign anything like a waiver or a contract? If so, I would assume that the fine print allows them to use the footage in whatever way they like and voids your rights to it. This is pretty standard with video projects.
     
  21. JsR macrumors regular

    Joined:
    Feb 28, 2010
    Location:
    Newcastle
    #21
    I may be wrong here, if I am, I do apologise - but surely if you did not have this copyrighted then they have not done anything illegally...?

    Also, I agree on the misleading part haha :p
     
  22. Schtumple macrumors 601

    Schtumple

    Joined:
    Jun 13, 2007
    Location:
    benkadams.com
    #22
    If the organisation failed to get the OP to sign a Social Actors Participation form, the organisation is screwed from a legal stand point. OP, contact the organisation directly and talk to the director of the DVD, see what they say, record it if you can, then go to a lawyer with the results.
     
  23. macswitcha2 thread starter macrumors 65816

    Joined:
    Oct 18, 2008
    #23
    I was not given anything to sign as I recall.

    I feel conflicted because I don't want to come off as the bad guy.I know some of their employees personally.
     
  24. Macky-Mac macrumors 68030

    Macky-Mac

    Joined:
    May 18, 2004
    #24
    boy, talk about muddied waters!

    you were asked and agreed......but just didn't ask about if they were going to make money off it and make financial arrangement accordingly???

    Maybe you should consider whether being on this DVD actually helps your career even though you wont get any money from it. Maybe the exposure and publicity are worth being on the DVD not matter what?
     
  25. Schtumple macrumors 601

    Schtumple

    Joined:
    Jun 13, 2007
    Location:
    benkadams.com
    #25
    If you didn't sign anything, then there's an issue, a verbal agreement isn't good enough, they need to have signed forms of all their social actors/contributors, especially for a DVD being sold.
     

Share This Page