Re: [messengers] kenda / creacy / shutterstock - a responce

Date: 30 Nov 2010 15:12:35 +0100
From: Corey Hilliard <coreythecourier@xxxxxxxxx>


It appears to be a case of: "I thought you were going to call me". Now Kenda
is fully aware of Marco's dislike of his image used without permission and
Marco is aware of Kenda's willingness to settle the matter. Today Marco will
call Kenda Tires.

I'll forward the results of the coversation with Kenda later when I return
from rolling around Manhattan.

I received a standard automatic email response from Shutterstock, the
company that sold the photo to Kenda, saying a representative would directly
reply at a later time. In the email I described the problem with Kenda and
the existence of a release form signed by Marco.

I will also forward that response as well.

I notified S.v. Luma about the problem with Kenda, Shutterstock, Marco, the
abscence of a release form, bikers who dislike being exploited. I await his
response on Facebook.

Thanks for your assistance and letters to Kenda.

Corey the Courier
the pen is mightier than the sword...

On Mon, Nov 29, 2010 at 6:38 PM, Yogi @ sydbma <yogi@xxxxxxxxxx> wrote:

> Got a response  from Kenda Tires...as did a few others who sent the email.
>
>
> Here it is from
> Ben Anderson
> National Sales Manager
> Director of MTN/BMX Product Development
>
> KENDA
> 7095 Americana Parkway
> Reynoldsburg, Ohio 43068 U.S.A
> Tel: 614-866.9803 ext.7866
> Fax: 614-866.9805
> email: banderson@xxxxxxxxxxxx
>
> message follows... be wary there is message in message here without indents
> but you can make it out if you do not rush.
>
>
>
>
> To all,
>
> First, let me say I applaud that you outspoken advocates of the bicycle
> messenger/courier community for standing up for one of your own.  Were all
> cyclists as vocal as yourselves, cyclists and cycling as a whole would be
> less marginalized in the US and other countries.  Additionally, I understand
> your umbrage with the possible notion that one of your own has been taken
> advantage of.  This was certainly not the intention of Kenda USA when we
> purchased the image of Mr. Creacy from www.shutterstock.com.   (
> http://www.shutterstock.com/pic-40256680/stock-photo-motion-blur-abstract-of-a-bike-rider-and-a-traffic-on-the-street.html
> )
>
> In April when Mr. Hilliard contacted Kenda regarding this issue, he
> conversed with Stefano Lumbaca, the Director of Road Marketing for Kenda
> USA.  At this time, Mr. Hilliard (and Mr.Creacy by way of CC’ed email) were
> notified that Kenda USA had in fact purchased rights to use the image, and
> that should Mr. Creacy have any issue with his likeness being sold, it would
> be in his best interests to address the issue with Shutterstock.
>  Additionally, Stefano apologized and extended the invitation for Mr. Creacy
> to contact him via email; in particularly because Kenda USA was in the
> process of developing a tire specifically for the track/fixed gear bike
> community and wanted to offer him the opportunity to be a prototype tester.
>  Furthermore, Mr. Hilliard responded with his thanks, and CC’ed Mr. Creasy,
> and ‘stepped aside’ so that Mr. Creasy could take over the conversation.
>  Below is the actual email exchange:
>
> From: Corey Hilliard [mailto:coreythecourier@xxxxxxxxx]
> Sent: Friday, April 23, 2010 8:46 AM
> To: Stefano Lumbaca
> Cc: azpolo@xxxxxxxxx
> Subject: Re: Use of likeness without permission
>
> Thank you for your prompt response.  I am  cc'ing Marco our correspondence.
>
> Shutterstock. Wow, who knew?
>
> Anyway Marco plays bicycle polo. (Marco... Polo..) He could test some tires
> there too. It's the next big thing. Well actually, it's massive now. I am
> stepping aside and you can discuss the prototype/testing stuff with Marco.
> Like I said, all around good guy just feeling under appreciated. Show the
> guy some bike love...
>
> Thanks for your time.
>
> Corey the Courier
> On Thu, Apr 22, 2010 at 10:08 AM, Stefano Lumbaca <SLumbaca@xxxxxxxxxxxx>
> wrote:
> Dear Corey,
> Our apologies to Marco however Kenda has purchased the rights to use the
> picture from Shutterstock, so we are not really sure of what is going on,
> however and I’m sure that if there is any problem Marco can direct his
> complaint with them, also please have Marco contact me via email directly
> Kenda is developing a specific track/fixie tire for bike messenger and
> commuting purpose and I can use someone like him for tests, we are only at
> the beginning of the project and it will take several months before I will
> have prototypes and or production models ready, but I’m sure that he will
> appreciate the opportunity to be one of the first to evaluate this tire.
> Thank you for contacting us for this matter.
> Best regards,
>
> Stefano Lumbaca
> Road/Cyclocross Marketing and Product Development
> Kenda U.S.A
> Now, whether or not Stefano or Mr. Creasy were expecting the other to make
> the next contact at this time is an irrelevant issue, the offer to work
> together was out there.  It is interesting that Kenda USA has never heard
> from Mr. Creasy as to whether or not he is unhappy with his likeness being
> used.
>
> -----Again, I applaud you all for standing up for one of your own, but
> perhaps in this instance, you are standing up for someone who doesn’t want
> or need to be stood up for.  According to the terms of service at
> Shutterstock, in instances where the photograph contains a recognizable
> face, the photographer is supposed to have obtained the consent and a signed
> model release.  (
> http://www.shutterstock.com/faq.mhtml#FAQ_Q_DO_YOUR_IMAGES_HAVE_MODEL_RELEASES_
> )
>
> Do your images have model releases?
> Yes. In instances where photos have recognizable faces in them, those
> people have signed a model release which is on file in the Shutterstock
> offices. Some Editorial photos may not be model released. These Editorial
> photos will be indicated as such, directly below the photo.
>
> I understand that since the image of Mr. Creasy is in a Kenda USA ad and
> also on the Kenda USA website, your irritation regarding this issue is
> directed at us; however I have to ask whether or not any of you have
> contacted the photographer? (
> http://www.facebook.com/people/Sv-Luma/100000915017412 or
> http://www.wix.com/svluma/svluma )
>
> Contacting the photographer or not, I thank you all for your time, and
> again extend the invitation to Mr. Creasy to contact either myself or
> Stefano regarding the offer made back in April.
> Regards,
> Ben
>
>
> Ben Anderson
> National Sales Manager
> Director of MTN/BMX Product Development
>
> KENDA
> 7095 Americana Parkway
> Reynoldsburg, Ohio 43068 U.S.A
> Tel: 614-866.9803 ext.7866
> Fax: 614-866.9805
> email: banderson@xxxxxxxxxxxx
>
>
>
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