FB post cashing in on Caleb Croft?

Michael_Myers31 · February 3, 2019, 5:29pm

TheGhostlyShape · February 3, 2019, 5:32pm

Of fucking course. Some people have no morals.

Sent from my iPhone using Tapatalk

General_clown · February 3, 2019, 5:40pm

I see this a lot on facebook, a lot of his photos being sold. I see other peoples also being sold. Once I even saw one of mine I did a while back. I jumped on that real quick but was blocked.

MicMyerz · February 3, 2019, 6:13pm

Simons “psycho Si” creep fotos floating all over the net … he is printed even on tshirts …mugs etc… loool … for me it would be an honor that people love a photo so much to spend money on it

Gesendet von meinem SM-A310F mit Tapatalk

MicMyerz · February 3, 2019, 6:14pm

…but caleb should get one 4 free!! 4 sure xD

Gesendet von meinem SM-A310F mit Tapatalk

Slazbob · February 3, 2019, 6:55pm

It is an awesome picture!

SimplyAndPurelyEvil · February 3, 2019, 7:15pm

Its funny that a lot of people just Google “Michael Myers” and pick a good picture without a second thought of who it came from. I see collectible UL’s shots all over the internet too lol

Sent from my SM-J727V using Tapatalk

TheGhostlyShape · February 3, 2019, 7:17pm

Of course it’s flattering for someone to think your picture is so good, but to capitalize off of it and Caleb or Simon get none of the insane profits this guy is probably making is the part that’s fucked.

Also not even asking them for permission
Sent from my iPhone using Tapatalk

MicMyerz · February 3, 2019, 7:31pm

[emoji3516]

Gesendet von meinem SM-A310F mit Tapatalk

\

Slasher75 · February 3, 2019, 9:54pm

Jay can file a lawsuit if he wishes to do so. I would.

Caleb_Croft · February 4, 2019, 3:52am

Not sure how to feel about this to be honest. A bittersweet feeling I guess. My fault for not watermarking/copyrighting. But yeah… I should get a free t-shirt & poster at least!

HeCameHome383 · February 4, 2019, 2:40pm

They couldn’t even Photoshop the image a little bit I’m pretty sure you even edited that photo to look exactly the same

Datsun280z · February 4, 2019, 3:18pm

That is a sweet picture. I’ve researched copyright, patent, and trademark law in regards to art and whatnot, and you don’t have to register a copyright like you would a patent or trademark.

Once you create something artistically, you automatically own the copyright to it. The only issue is whether or not the depiction of a licensed character (Michael Myers) violates the owner’s rights.

(ie, if you took a picture in a home made skeleton mask, you can sell pictures/t shirts/ whatever you want BUT if that picture contained the intellectual property of someone else AND you are making a profit off of it, you are in fact violating the owner of the trademarked entity’s rights)

Caleb_Croft · February 4, 2019, 3:52pm

Yeah that’s my color editing no doubt lol

Not sure how to feel about this to be honest. A bittersweet feeling I guess. My fault for not watermarking/copyrighting. But yeah… I should get a free t-shirt & poster at least!

That is a sweet picture. I’ve researched copyright, patent, and trademark law in regards to art and whatnot, and you don’t have to register a copyright like you would a patent or trademark.

Once you create something artistically, you automatically own the copyright to it. The only issue is whether or not the depiction of a licensed character (Michael Myers) violates the owner’s rights.

(ie, if you took a picture in a home made skeleton mask, you can sell pictures/t shirts/ whatever you want BUT if that picture contained the intellectual property of someone else AND you are making a profit off of it, you are in fact violating the owner of the trademarked entity’s rights)

Thanks for the info!

TheGhostlyShape · February 4, 2019, 4:44pm

Datsun280z:

Not sure how to feel about this to be honest. A bittersweet feeling I guess. My fault for not watermarking/copyrighting. But yeah… I should get a free t-shirt & poster at least!

That is a sweet picture. I’ve researched copyright, patent, and trademark law in regards to art and whatnot, and you don’t have to register a copyright like you would a patent or trademark.

Once you create something artistically, you automatically own the copyright to it. The only issue is whether or not the depiction of a licensed character (Michael Myers) violates the owner’s rights.

(ie, if you took a picture in a home made skeleton mask, you can sell pictures/t shirts/ whatever you want BUT if that picture contained the intellectual property of someone else AND you are making a profit off of it, you are in fact violating the owner of the trademarked entity’s rights)

Over on Reddit a man posted in r/legaladvice because he took a photo of his Jeep in the mountains, then North Face actually stole his photo and used it on shirts. The general consensus was that because he took the photo HE owned the rights to it and it’s use, no matter what brand or product (in this case, Myers) was in it. He contacted north face and they were forced to remove it I believe. I wonder if that same thinking would apply here?

Sent from my iPhone using Tapatalk

kaizu · February 4, 2019, 4:55pm

I threatened to sue since they used my pics numerous times…They blocked me so I sent a threat to one of their dealers.
I think it worked.

Datsun280z · February 4, 2019, 9:06pm

double post

Datsun280z · February 4, 2019, 9:14pm

Datsun280z:

That is a sweet picture. I’ve researched copyright, patent, and trademark law in regards to art and whatnot, and you don’t have to register a copyright like you would a patent or trademark.

Once you create something artistically, you automatically own the copyright to it. The only issue is whether or not the depiction of a licensed character (Michael Myers) violates the owner’s rights.

(ie, if you took a picture in a home made skeleton mask, you can sell pictures/t shirts/ whatever you want BUT if that picture contained the intellectual property of someone else AND you are making a profit off of it, you are in fact violating the owner of the trademarked entity’s rights)

Over on Reddit a man posted in r/legaladvice because he took a photo of his Jeep in the mountains, then North Face actually stole his photo and used it on shirts. The general consensus was that because he took the photo HE owned the rights to it and it’s use, no matter what brand or product (in this case, Myers) was in it. He contacted north face and they were forced to remove it I believe. I wonder if that same thinking would apply here?

Sent from my iPhone using Tapatalk

Good example, no matter what is in the picture (logo, trademarked stuff, etc.) the TAKER of the photo does own the copyright. HOWEVER, North Face could make him remove their logos from the image if they wanted. BUT, as you stated, the owner of the products photographed do NOT then have the right to use SOMEONE ELSE’s copyrighted work.

They could force him to remove the logos, especially if he was making money or receiving attention for it. (Companies usually do not want to be associated with people and their actions, to avoid controversy).

So as far as I’ve concluded:
The guy that takes the picture owns the copyright
BUT if the picture contains other copyrighted/trademarked material, it cannot be used to promote/create profit
Owner of said copyrights/trademarks may request their logos/names be removed, but DO NOT own the image just because they own the copyright/trademark for something IN that image.

As far as Calebs image, it does in fact violate the owner of the “Michael Myers” character, if he tried to claim it as his own. (This is assuming that we can agree that the character in the image is, or close enough to, Michael Myers).

If you buy something (a Myers mask, a Batman shirt, a Chevy car), you can legally take as many pictures as you want of it. I’m assuming Caleb bought a Myers mask, and took some (very good) photographs of it.

Everything is legal up to this point.

UNTIL someone tries to use the photo to make a profit, promote a company/event/etc. (something commercial)
The only way to legally do such a thing would be to obtain a license from whoever owns Michael Myers the character and /or pay royalties to the licensor upon sales of the image.

You can imagine this scenario:
Walt Disney spend years creating Mickey Mouse.
Someone buys a Mickey Mouse mask and takes pictures. This is fine, he bought the product legally.
Someone tries to sell this pictures without the license. This is illegal, the copyright owner does not own the Mickey trademark, they would need approval from the owner (usually money/royalties/etc.)
Someone tries to promote their upcoming baby shower/party/etc. using the photo of Mickey Mouse. Also illegal, even though no profit is being made, someone else’s intellectual property is being used to promote something that Mickey’s owner is not associated with.

It can be confusing, but I see why the way it is. People want to keep control over their (or the creators’) inventions.

I did all this research while trying to form an art/Halloween business.
Technically, if I open this haunted house, I CANNOT have anyone walking around in licensed/copyrighted costumes without approval from the owners (because I am using them to make a profit commercially). This means no haunted houses can have Freddy, Jason, Michael, or even Willy Wonka etc. on site UNLESS they have a license. Imagine trying to make a successful haunted attraction WITHOUT using any copyrighted/licensed characters… wow, very difficult…

killerpsychomask · February 4, 2019, 10:13pm

If you take a photo and put in on the web without a watermark. Or somewhere clearly visible your name and copyright, a “C” inside a circle. Then it is free for anyone to use. If something is important to you or you want to sell it, then you simply can’t put it online.

TheGhostlyShape · February 4, 2019, 10:24pm

Even with a watermark, these guys just crop them out

Sent from my iPhone using Tapatalk