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Can I sue for this??

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Nov 30th 2003#131111 Report
Member since: Aug 28th 2001
Posts: 970
If you have proof that, that image was infact used without your permission of course you can sue. He doesn't have any proof that he compinsated you for it, or any written authorization that gave him the ok. This is America, you can sue anyone for anything. Just have to ask yourself if thats what you want to do. I personally would try and contact those people.
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Dec 1st 2003#131323 Report
Member since: Oct 6th 2002
Posts: 1003
Ok, the same brother who subscribes to the magazine is also a third year law student. I asked him, about it, and he seems to think that you wouldn't really have basis for a law suit, given that the mgazine's print of your picture caused you no lost wages, nor (despite your obvious angst) has caused you no overt 'pain and suffering' as a result. We did, however discuss my previous suggestion of contacting them regarding a retraction, and/or a discussion of the principle of photochopping. Also, the image bears a trademarked, copywritten Cadillac logo, which you also could not sue for, given that you have used copywritten material from whence (with a lawsuit) you would stand to profit.

So, long story short, I think the best you can get is a retraction and a little publicity from Car and Driver magazine.

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Dec 2nd 2003#131427 Report
Member since: Mar 28th 2001
Posts: 1109
Hey, where is Kodakville?
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Dec 2nd 2003#131462 Report
Member since: Oct 6th 2002
Posts: 1003
Rochester NY, where the Eastman Kodak Company is headquartered. It's kinda like a mining town, only the mine makes film, and no one wants to buy it anymore. Our economy blows, and the city itself is crapmendous. There's no tech market whatsoever, including a community of real designers.

You'd think that the city would be a little more popular because it does house the headquarters of Xerox, and Bausch & Lomb, in addition to Kodak, as well as having one of the top ranked technology schools in the country, as well as being a center for medical research, and not to mention having historical significance, given it's role in such events as the abolitionist movement, as well as having the country's first indoor mall (It's a heap of crap now though).

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Dec 9th 2003#132535 Report
Member since: Nov 12th 2003
Posts: 70
I just signed up for the forum at my favorite hip-hop site (HipHopGame.com), and during registration when selecting an avatar, I saw lowizzy's schoolbus as an option. You can start the registration process and see it before hitting submit and registering. It's avatar number 261.
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Dec 9th 2003#132536 Report
Member since: Jan 1st 1970
Posts:
The best thing you should hope for, or really want to get is recognition and a great boost for a portfolio. As mentioned, they'll reprint the print most likely, and they'll put YOUR name in a national magazine. Maybe ask for an archival quality print of the page to be sent to you for the trouble, and it would look kewl framed on your wall.

Before you launch the scud missles over the wall, though, did you take the original photo that you chopped? Was it a stock photo? Did you have the rights to chop the photo, cause the photograph will have copyright implications as well.
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Dec 9th 2003#132539 Report
Member since: Oct 6th 2002
Posts: 1003
Before you launch the scud missles over the wall, though, did you take the original photo that you chopped? Was it a stock photo? Did you have the rights to chop the photo, cause the photograph will have copyright implications as well.

Ok, the same brother who subscribes to the magazine is also a third year law student. I asked him, about it, and he seems to think that you wouldn't really have basis for a law suit, given that the mgazine's print of your picture caused you no lost wages, nor (despite your obvious angst) has caused you no overt 'pain and suffering' as a result. We did, however discuss my previous suggestion of contacting them regarding a retraction, and/or a discussion of the principle of photochopping. Also, the image bears a trademarked, copywritten Cadillac logo, which you also could not sue for, given that you have used copywritten material from whence (with a lawsuit) you would stand to profit.
So, long story short, I think the best you can get is a retraction and a little publicity from Car and Driver magazine.

Exactly

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