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Did Pantaloons violate copyrights of N.O.W. Bikers group?

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  • Did Pantaloons violate copyrights of N.O.W. Bikers group?

    Hello guys,

    It's a news I really don't know wheather its good or bad for my group N.O.W. bikers. One of the N.O.W. rider and xBhpian Sherry (xbhp id: sherry_unicornlover) spotted a tee for sales in Pentaloons Delhi where the company has used a photo of N.O.W. bikers riding in a particular formation, shot by India Today reporter Mr. Farzan for an article on N.O.W. bikers back in Dec '06, as the tee design without any prior permission or notification to us. At first it does violates our basic copyright policy which states:

    Motorcycling/motor sports is a dangerous activity and could lead to injury, or even death. The stunt videos and images shown on N.O.W. website are not put up with an intention to encourage anyone to ride their bikes beyond their capabilities and any such kind of action should NOT be imitated by anyone, anywhere at any point of time, without proper know-how. The content on the website is for viewing pleasure only and N.O.W. Group and its supporting partners/associates do not hold the responsibility of any damage caused to property or life of any individual, if the person use the information provided on the website, inappropriately.
    N.O.W. group and its riders support safe motorcycling to best of their will and urge you to ride your bike responsibly and follow all traffic rules. All the images, videos, audio and text content on website and blog are property of N.O.W. group. Group reserves the right to change or remove any of its services and policies, anytime without a prior notice to its members or to the online users. Despite of every safety measures group follows, the accidents are inevitable and riders are prone to misshaping. N.O.W. Group and its administrators shall not be responsible for any kind of loss of property or life of its official riders during any meet, rides or get-togethers.
    Any logos shown are trademark of their respective owners. We are not responsible for the contents of any external link displayed on N.O.W. website or blog.


    but at the same time the tee will be purchased by many enthusiast, knowing or unknowingly that it's us on the print, which is a kind of unspoken promotion for us however there is no prominent visible group signage or logo which will again make it just another tee.

    Should I really shoot a mail or something to the company or just let it be as it is? Sherry did spoke to the manager of the showroom and he replied that he will convey our concern to pentalonn HQ in Mumbai.

    I wouldn't want to make this event as a high profile legal matter(or should I?) but a notification or indication of interest from the company would have been appreciated. any thoughts?

    Tee on sale in Pentaloons





    Original Image



    N.O.W. Wallpaper

    www.motorcykle.in - The lighter side of motorcycling

  • #2
    General Biking Discussion Approved.

    I believe you must atleast shoot a mail asking for an explanation. Pantaloons, being a respected brand cannot really 'steal' anyone else's photograph/ property. If it would have been some local brand, then one can even try and understand but Pantaloon is a world renowned brand and they doing it doesn't really make any sense.

    Shoot a mail, and brief them about you and your group and about the picture that they have printed on their t-shirt(s). I doubt whether it would make any difference to them, however.
    :)

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    • #3
      Do contact them for an explanation. A renowned brand like Pantaloons should not be so unprofessional. They are making profits by using one of your works.

      Comment


      • #4
        This is interesting.

        Either ways, you guys are going places

        Call up the newspapers - its YOUR day in the sun.
        http://www.bikenomads.com/wiki/index.php/Leh - All you ever need to know about getting Leh'd.
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        • #5
          The copyright belongs to the photographer who shot it. If you guys hired him to do so or paid for his services then the copyright belongs to you guy. If its the former then there is nothing much you can do except accepting the fact or enjoying it even. After all how many biking groups make it a Tee :P

          If its the latter then you can ofcourse ask for a royalty or fees based on the fact that you guys own the rights to the image.
          sigpic
          Yamaha YZF R15 09' | TVS Apache RTR160 08' | Honda Dio 07'

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          • #6
            Originally posted by Wheel_Spin View Post
            The copyright belongs to the photographer who shot it. If you guys hired him to do so or paid for his services then the copyright belongs to you guy. If its the former then there is nothing much you can do except accepting the fact or enjoying it even. After all how many biking groups make it a Tee :P

            If its the latter then you can ofcourse ask for a royalty or fees based on the fact that you guys own the rights to the image.

            +1 for that !

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            • #7
              1st of all it is 'Pantaloons', not 'Pentaloons'!
              Quench my thirst with gasoline!

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              • #8
                Originally posted by Wheel_Spin View Post
                The copyright belongs to the photographer who shot it. If you guys hired him to do so or paid for his services then the copyright belongs to you guy. If its the former then there is nothing much you can do except accepting the fact or enjoying it even. After all how many biking groups make it a Tee :P

                If its the latter then you can ofcourse ask for a royalty or fees based on the fact that you guys own the rights to the image.
                +1

                It looks like an internal brand (Ajile) stuff to me, and I really dont know why any designer would use such a pic which has the 'now' logo on it as well!
                Write to them, but first check from your own photographer about how this image can end up with the design team?

                EDIT:
                Copyright on such stuff is silly, a lot of my ideas and designs are being used in Tantra T Shirts...
                Heck, a lot of my FB status also end up being on the Tees...

                The latest being this seasons "FAR COUGH!"
                Last edited by satyenpoojary; 09-14-2009, 01:28 PM.
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                #Everyone errs, accept it, defending/cribbing about it only makes it worse
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                • #9
                  Look at the brighter side - tie up with Pantaloons, tell them you can supply better (stunting?) shot and make a series - tee with wheelie / stoopie / group stunting etc. This just might work wonders - financially as well as from the fame point of view for u guys

                  My little big blog bunnypunia.blogspot.com

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                  • #10
                    Originally posted by Bunny View Post
                    Look at the brighter side - tie up with Pantaloons, tell them you can supply better (stunting?) shot and make a series - tee with wheelie / stoopie / group stunting etc. This just might work wonders - financially as well as from the fame point of view for u guys

                    Off Course! rather than talking about copyrights and blah blah, we should be glad that our members are now a public figure......! I spoke to Sherry about this too, and well I am ready to pose in what ever style...if Pantaloon agrees to put that on any Tee!
                    Its not about the BHP or the CC, its about one common religion called Biking!!!

                    Save the Tigers! Only 1411 (excluding ME) are left!




                    This is my entry in the blogging world!!

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                    • #11
                      OT: (Almost!)

                      A pic clicked by me is being used in a certain TV show aired by a channel.

                      The pic was unwatermarked by me so I guess that means its open to public use I suppose??
                      _________________________
                      LoneWolfRides©

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                      • #12
                        believe it or not ..i saw the same tee at HYD CENTRAL last night ..

                        i liked it but thought XBHP with ''me'' on it would have been much better

                        i must say .. CHOORS !!
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                        • #13
                          Originally posted by Wheel_Spin View Post
                          The copyright belongs to the photographer who shot it. If you guys hired him to do so or paid for his services then the copyright belongs to you guy. If its the former then there is nothing much you can do except accepting the fact or enjoying it even.
                          hmm.... make sense. So I think i should first rather contact Mr. Farzan than shooting any kind of mail to Pantaloons (did I spell it right this time Sarvajit)thought I doubt that he has any kind of relations with Pantaloons or any of it's employees. But to be honest, I am not gonna loose my sleep over this if they did, as aryan said "stole" the image.
                          Now, where is my telephone diary?
                          Last edited by pulsater; 09-16-2009, 12:57 AM.
                          www.motorcykle.in - The lighter side of motorcycling

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                          • #14
                            Originally posted by pulsater View Post
                            hmm.... make sense. So I think i should first rather contact Mr. Farzan than shooting any kind of mail to Pantaloons (did I spell it right this time Sarvajit)thought I doubt that he has any kind of relations with Pantaloons or any of it's employees. But to be honest, I am not gonna loose my sleep over this if they did, as aryan said "stole" the image.
                            Now, where is my telephone dairy?
                            Yup call up the photographer and let him know about it. Also like you said there is no point in losing sleep over an one-off instance like this.

                            And if you contact Pantaloons do as Bunny suggested

                            @Praful: An absence of watermark does not make any pic public domain. The copyright remains with the original artist/photographer & and you can ask the channel to stop using it. Only you can issue the right of use to any media outlet for the use of your work for commercial purposes. I hope that clears it up.
                            Last edited by Wheel_Spin; 09-14-2009, 03:57 PM.
                            sigpic
                            Yamaha YZF R15 09' | TVS Apache RTR160 08' | Honda Dio 07'

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                            • #15
                              oh oh.. this mean that even without a proper watermark that the copyright stays with us right ?

                              Noob question: But for the copyright's to be in your name , is there any sort of registration that you must do? or is it by default .

                              Coz just like praful i have seen couple of my pics floating around in a bike magazine.
                              - You spend half your life before you realize your are ordinary, you then, either are too lazy to change or you do the extraordinary and change the world!

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