[dd_]

well the title says it all (almost)
some of you might have scene i did with a construction robot on a building site, there was a large yellow bot and a small XXX digger. well i have just had a legal document through saying that XXX want to sue me for copyright infrindgement and i need to send them the models etc and remove all related XXX stuff from everywhere. he gave me till the 8th of dec to do all. he then said that they could still sue me, etc

i called him and stated it was fan art and there was never to be any money made from it and he said its on the net and its commercial. i told him it fell under the "fair use " and he said no. it was like taking a photo of my house wth a XXX digger in the background.

SO let this be a warning that people are out there and using anything with a logo (even though i said if i remove the logos would that be ok and he clearly said no) is a no no.

he really really didnt get that this was a personal gallery with a personal picture of something i like.
he asked me who told me to add the logos and i said me and he asked why. so i said cause i like XXX items and have loads of die cast models on my shelf. he wasnt impressed.

so i shall no longer use yellow and black on any models and use no more logos on anything ever again

YOU HAVE BEEN WARNED


edit: sensored the name to prevent being sued

[superbad]

You don't need to worry about being sued, and they know it. Threats are all they have. Especially in the UK, where the loser in any litigation (them) would have to pay your court costs. If I were you, I would write a calm, coherent letter to the CEO explaining the situation, telling him you're a big fan of their products, and ask him to call the sharks off.

[dd_]

i have wrote and phoned the head guy that sent the document to me.
he has now closed the case aslong as i dont use any thing related to xxx again.
so now i will watch what props i use in the future

[Julian]

woah! dd_ that all sounds pretty harsh, as superbad says I cant imagine they would go to all that expense to teach a 3D guy a lesson, but even so its a bit of a confidence knock. Sounds like this dude has just got a new job and is trying to make an impression - if he comes back I would go way over his head as he is seriously wasting his companies time and money by the sound of it.

Try not to lose any sleep over it I reckon, but you have my sympathies - all the best

Julian

[dd_]

i aint worried now as he has said that the case is closed
i do find it really funny how even though no money was ever to be made from the image i got "told off" yet stuff like this is allowed or let go
http://www.turbosquid.com/Search/Index. ... Submit.y=0
life sure is strange

[Julian]

yep its very strange - the guy has got his work cut out for him if he thinks he's going to track down every last digger image on the web - sounds like he doesnt have enough to do - and definately doesnt understand free advertising!

[superbad]

i have wrote and phoned the head guy that sent the document to me.

Obviously I don't have the details, but I assume the tosser who sent you the letter was in the company's legal department. Maybe they don't have much else going on right now in the way of product liability lawsuits, so this is just busy work. A CEO, however, should be at least somewhat worried about bad PR and the negativity that overzealous lawyers can generate. I would definitely have posted the company's name, and the lawyer's name too, for this very reason. You can't be sued for talking about something (yet).

[aitraaz]

pisser - i had something similar happen recently, but nothing came of it...people will try anything these days

[MarkM]

Hey DD,
I have to ask myself, how legit was this? Did you double check it wasn’t anyone playing games on you or just trying to get your models? I find it a little strange he requested the models but didn’t understand the personal gallery concept. You said “and i need to send them the models etc” what else did they ask for? Materials and all?

I would find the company’s official website in question and just double check its legit.

[dd_]

thanks guys
yes its legit
"3. Deliver up to xxx at the above address all offending models and any other materials in your possession, custody or power containing the xxx name and logo.

4. Provide a full account of all models and material containing the xxx name and logo sold by you together with details of the recipients for the subject models:-

- name
- address
- date of sale
- nature of product bought
- total cost of sale
- copy invoice

5. Disclose the identity of any manufacturer and/or importer of the offending models if you are not the manufacturer or importer.

6. Pay to xxx an agreed sum by way of account/damages to reflect the value of any sales made. "

[dd_]

also a mate looked at the email and said "he might think its an actual physical model ie like a toy" and reading it again he asks for the manufacturer of it
so im guessing he didnt know it was 3d

[MarkM]

yea... it sounds like he didnt know it was 3d your work is just that good better show him a wire

[dd_]

his head would implode. infact hes prob scratching his head still now cause i repeated its a picture i made for fun over and over


so its actually a compliment \0/
now that would have been fun in court wouldnt it, being asked to produce the model used in the image and me giving them a floppy/ cd

[MarkM]

so its actually a compliment \0/
now that would have been fun in court wouldnt it, being asked to produce the model used in the image and me giving them a floppy/ cd

Yea it would

Hey,
Maybe they will offer you some work!

[dd_]

but serious this changes the whole issue of copyright doesnt it. now reading it im sure he thought it was a real object i was manufacturing or selling. and once i called him he had egg on his face and felt he had to turn the whole thing around to me removing all traces of the xxx from anywhere on the interweb related to me. out of pride. no?
i can understand them comming this heavy if they thought i was making real models and selling them than using a xxx digger on a picture