Hey Hugh, why didn't you tell us your XS is a pop culture icon?

surgence said:
Terms
6. Proprietary Rights in Content on Photobucket.

o 6.1 Photobucket does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Photobucket Services. By displaying or publishing ("posting") any Content on or through the Photobucket Services, you hereby grant to Photobucket and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content marked "private" will not be distributed outside the Photobucket Services. ,Photobucket and/or other Users may copy, print or display publicly available Content outside of the Photobucket Services including without limitation, via the Site or third party websites or applications (for example, services allowing Users to order prints of Content or t-shirts and similar items containing Content). After you remove your Content from the Photobucket Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license to such Content will terminate. If after we have distributed your Content outside the Photobucket Website you change the Content’s privacy setting to "private," we will cease any further distribution of such "private" Content outside the Photobucket Website as soon as practicable. Some of the Photobucket Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Photobucket may place such advertising and promotions on the Photobucket Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
Click to expand...


I think the paragraph in red is the clause that lets it be used for commercial use

All social media outlets are public domain unless stated otherwise. They could have got the photo from this site and used it. The only safe way is to state ........"Any photos i post can be used for private use only and not to be used for any commercial or public gain"

or words to that effect

Travis, could you let us know what this sites policy is

Hugh, all you have to do is have your signature, (Hugh's Handbuilt), on all photos and it is also good advertising.
 
Don't try with patent and copyright law - not even a little bit. Because there are a million specific laws and regulations that totally obfuscate it to the untrained. You might as well think you understand Chinese by what it sounds like in English.

But...I'm startin to smell hoax....
 
My personal opinion on this is I would be so proud if I were Hugh that someone went through the effort to put a picture of the bike I spent so many hours building on a t-shirt and sell it to the world. Granted Im not in Hughs shoes but I would try and atleast see who used the photo and atleast see if they would send me some shirts. Just my .02 cents.
 
Sorry Hugh no luck also checked Nordstrom rack they sell the all of their recently discontinued stuff and nothing. But the wife was happy to go so no time wasted. But I did have to buy her a new pair of shades :doh:
 
I talked to my wife about this for shits and giggles. She is a non practicing lawyer, but basically it comes down to those pics being public domain as discussed earlier. The gist of what she said is, "lesson learned". Without a copyright no money will come out of this. It is not a picture of a person, and it was publicly posted. But none the less, it's pretty cool!
 
A practicing highly trained highly experienced intellectual property lawyer could get some money out of this. But the problem is it's a HOAX!
 
xjwmx said:
A practicing highly trained highly experienced intellectual property lawyer could get some money out of this. But the problem is it's a HOAX!
Click to expand...

How is it a Hoax? Its not to my knowledge, although I cannot find the shirts for sale anywhere... I might just have to print my own :)
 
^A lawyer working for the Navy said we had an air tight case but we got stomped, and he was like the Seal version of lawyer or something. An ultra smart motherfucker too but was just no competition. Our boss had a meeting and said their lawyer was smarter than ours. Must have been humiliating.

I know how you feel. The retailer ain't buying and before the money fever dies it makes you contemplate retailing it your own self.
 
xjwmx said:
^A lawyer working for the Navy said we had an air tight case but we got stomped, and he was like the Seal version of lawyer or something. An ultra smart motherfucker too but was just no competition. Our boss had a meeting and said their lawyer was smarter than ours. Must have been humiliating.

I know how you feel. The retailer ain't buying and before the money fever dies it makes you contemplate retailing it your own self.
Click to expand...

It must be late, because I don't understand anything you are getting at here :laugh:
 
^The first part was me rambling about the importance of having the best lawyer.

The second part was me rambling about quick money fever :)
 
^They're gonna have a signed release for every single image they make a shirt of. Otherwise they're left holding the bag of proving this or that. Ain't worth it to them. Plus - what are the odds?
 
Spoke with my Photographer this morning.

They stole the image so it should be compensated. Keep me updated how it goes with contacting Nordstrom (and most likely a distributer or the direct label) with a letter from a lawyer. I already noted where I have the original image stored on my external hard-drive, so let me know if the lawyer or anyone needs a letter from the photographer.

I must say as annoyed as I am that neither of us is making any money off of it, it does feel nice to know that someone thinks my photograph is worth enough to sell t-shirts with one on the front.

Keep me updated as to how it goes and I'll do all I can to help!


So neither the owner of the Photograph, nor the owner of the machine have given permission to use the image for profit. We will see what happens...
 

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