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Author Topic: Buying a Custom HotWheel and posting a pcture of it  (Read 772 times)

DieCastMan

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I'm sure this will be a bit off the norm for here.
I've purchased a Custom HotWheel.
Stripped of paint, with a figure cut out in the roof, and now in it's raw state.
I took a picture of it and posted it on a site using my PhotoBucket.

The guy I purchased it from had the pics removed citing infringement of copyright saying I did not have his permission to publish pics of the piece I now own.

Any help?

Thanks
DieCastMan
« Last Edit: 03-25-11 at 01:54 pm by DieCastMan »
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artchain

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Re: Buying a Custom HotWheel and posting a pcture of it
« Reply #1 on: 03-26-11 at 10:15 am »

I don't know exactly what a Custom Hotwheel is.  My guess it's one of those little die-cast cars that someone has creatively altered and customized.

The customized car would probably be covered by copyright law as an artistic work (a sculpture?), and the person who created the customization would own the copyright.

Now here's the part many people don't know:  when a work of art is sold, the copyright remains the property of the creator, unless it is explicitly transferred.  In other words, while I may own a painting I purchased and hung on my wall, I don't own the right to make copies and distribute them.

So the creator of your Custom HotWheel was within his rights to prevent you from displaying photos of his artwork.





Kaitlin

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Re: Buying a Custom HotWheel and posting a pcture of it
« Reply #2 on: 03-26-11 at 03:40 pm »

Incidentally, assuming he created the original cut-out work himself and does have the rights, there's nothing wrong in asking him if he'll let you show it if you post his copyright notice and give him credit for his work (as distinct from any derivative rights you may have as photographer in the composition of the photo itself).  If he wants a fee you can always say, "no thanks." 


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This post is an off-the-cuff musing and should not be misconstrued as legal advice. THERE IS NO ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. Proper legal advice requires full disclosure of facts-not appropriate to a public forum-and attorney research time and effort which has not been expended here.
 



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