Leaderboard

Who's Tele was this? Ebay - artwork ripoff

  • Thread starter Thread starter swarfrat
  • Start date Start date
S

swarfrat

Guest
I can't recall who's artwork this was - or I'd PM him. One of our forumites from Japan IIRC:
But someone appears to be ripping of your artwork:

https://www.ebay.com/itm/Engraved-Guitar-Neck-Joint-Heel-Plate-Standard-4-Bolt-CHROME-2069/391610655691?hash=item5b2dd063cb:g:lnsAAOSw3RZaR~y9
 
thanks - pm'd him. I didn't report it yet lest the sneaky !@#$ alter it or take it down - it apepars he has a ton of others up there as well.
 
I don't mean to accuse anyone, but it's possible that Kuro Uma and the eBay neckplate seller may both have adapted the artwork.  Although I do see the same art on the 5 Miles West Bandmine page, which supports the idea of it being their artwork:

http://www.bandmine.com/5mileswest

 
I'm quite sure you've forgotten more about IP law than I'll ever know, but isn't there a pretty dramatic difference between personal use of copyrighted art  such as Kuro has done vs. commercial reproduction for resale such as the neckplate seller has done, as far as targetability for infringement?
 
And perhaps "Five Miles West" is Kuro Uma's band? He did say, in the original post, that he was doing the guitar with his band's album cover. And both he, and the band, are from New Mexico....  :icon_scratch:
 
Cagey said:
I'm quite sure you've forgotten more about IP law than I'll ever know, but isn't there a pretty dramatic difference between personal use of copyrighted art  such as Kuro has done vs. commercial reproduction for resale such as the neckplate seller has done, as far as targetability for infringement?
Click to expand...

I was merely speculating they could have copied from the same source, but my subsequent remark was intended to convey that it appeared more likely to me that it was Kuro Uma's original artwork that was then repurposed on the guitar he built.
 
Yea - without a trade mark it's not really possible.  For small infringements it's not really possible when you do have a trade mark - just ask the Grateful Dead
 
Unless you have Disney's resources at your disposal, IP has become nothing more than a quaint notion.

I see artwork that I created pop up in all kinds of places online. I've even come across YouTube videos of bands I've never heard of performing my original songs. I'll never get a dime for any of it.
 
Interesting!  Do you ever contact these bands?  At least they could put in a link to your work in gratitude.

Just wondering because I've got a policy of policing the Cornflower Blue name.  I managed to get one band to change their name with gentle persuasion (my argument was I could prove that I had the name longer).
 
I spent many years trying to get traction as an independent songwriter...doing the the "Nashville thing". The idea is the you want bands to perform your songs. The hope is that they will register the use of your song with ASCAP or BMI, so you can get something for it, should their use of it ever make money. Instead, you usually find some band that is just performing your song without having registered it anywhere.  Total earnings = $0.

Another example: I used to do a songwriting blog. If you read through Songwriting for Dummies, 2nd Edition, you will see many excerpts from the articles I wrote. I am credited for a few of them, but many more were simply lifted directly from my blog posts, with no credit. I'm talking big segments...thousands of words. Total dollars earned = $0.

Another: many years ago I did a graphic of a rocker hand. Admittedly, it's pretty generic looking...it's a riff on the "men working" sign style. It's distinct because of the stud bracelet on the wrist. I see it all the time online. Total earnings = $0.

Another: My wife and I run a thing called Northwest Tribfest, which is a yearly tribute band festival here in the PNW. Last year we hired bands to replicate the lineup of the 80's Monsters of Rock lineup. We did a custom graphic of a dinosaur playing a guitar. Well...just last week we saw that somebody in LA is organizing a similar festival. Guess what their graphic was? Yup....stolen wholesale from us.  Total earnings = $0.

On the last one, we sent them an email informing them that they were using copyrighted material without permission (which they surely already knew), and asking them to remove it immediately.....which they did. However, if they hadn't, what could we have done? Nothing.  Total earnings = $0.
 
Mayfly said:
Yea - without a trade mark it's not really possible.  For small infringements it's not really possible when you do have a trade mark - just ask the Grateful Dead
Click to expand...

Yeah, then again they were one of the bands that LET the fans record their concerts and take photos.

I know designers that run into this all the time, usually a threat of legal action will make the the offender take the stuff off the site.
They aren't gonna try to recoup a loss, but they will alert other designers--via social media  about what is going on.
The offending company could find itself flooded with angry emails. In this case a report to EBay could do the trick.
 
I recently, through my professional life, came into contact with a guy who is using AI technology he developed to scrape the web for graphics that resemble the various logos to which the Rolling Stones hold title, and identifying candidates for trademark enforcement (both unauthorized use and authorized use that varies from spec).  Dude's making serious money doing this, but it's not the kind of thing your average Joe (or Aaron) can afford. 
 
You must log in or register to reply here.
Back
Top