Re: [messengers] Use of likeness without permission (epilogue)

Date: 3 Dec 2010 14:53:23 +0100
From: Julio Saravia <saravia.julio@xxxxxxxxx>


ride safe...peace.

On Fri, Dec 3, 2010 at 7:50 AM, Corey Hilliard <coreythecourier@xxxxxxxxx>wrote:

> You raised some very valid points Julio, but I stated all of them and more
> in the original post of the thread.
>
> I also emailed to Kenda and Marco the response from "S.v. Luma", the
> photographer. S.v Luma stated that they took pictures and sold them to
> Shutterstock without a release form. Shutterstock, who has yet to respond to
> any email, was fine with buying the rights to Marco's picture and then
> making a profit knowing that there was no release form. I am limited in what
> action I can take against Shutterstock as I am neither Marco nor Kenda
> Tires.
>
> I think I've done enough damage with my computer, time to ride my bike...
>
> Corey the Courier
>
>  On Fri, Dec 3, 2010 at 6:57 AM, Julio Saravia <saravia.julio@xxxxxxxxx>wrote:
>
>> yeah...get yours if you can.  the only thing is that as a community we
>> were all ready to boycott kenda.  why?  because they bought a picture from
>> another company...shutterstock...who bought it from a photographer.
>> shouldn't you have gone after the photographer?  or maybe even
>> shutterstock?  i know, i know...shutterstock was contacted but its kenda
>> stepping up and the company that was being threatened with possible
>> boycott.  did you tell shutterstock you were going to boycott them?  haha!
>> it's not kendas fault they were sold something that was "ethically" wrong.
>> it's super awesome of them to come through the way they say they will.  they
>> are not legally or ETHICALLY tied to this whole mess.  that being
>> said...does this mean that as a community we do out best to support kenda?
>> that we go out of our way to make sure we buy kenda tires?  it would be the
>> "ethically" right thing to do...right?
>>
>> j.dot
>> *no longer a courier cause i like to have enough energy to catch episodes
>> of fringe...peace.*
>>
>> Original post:
>
>  I thank those of you that responded for your letters to Kenda and emails
> to me about your opinions in addressing this matter.
>
> Viewpoints fell into a few categories on the Marco versus
> KendaTires/Shutterstock.com/"S.V. Luma" affair:
>
> Kenda tires, a big corporation, is exploiting the little guy. Let's boycott
> their product, hitting them in the pocket.
> The face in the photo was blurred and unrecognizable. Shutterstock.com and
> the photographer had every legal right to sell the photo, Kenda Tires the
> right to use it for advertising.
> Corey, you have a big mouth and may have smeared the reputation of the
> wrong person by crying wolf.
>
>
> Now that Kenda has agreed to take care of Marco when he contacts them, I
> feel justified for making lots of noise. I am not excited about being
> responsible for temporarily tarnishing the image of Kenda Tires. On
> reflection, they responded honestly and quickly when confronted about the
> Marco C. "Commuter" ad.
>
> Several photographers and people with a firmer grasp on law have said sale
> and usage of the picture of Marco on his bike were legal because all logos
> and his face were edited by Photoshop. Legally, that is true. But during the
> back and forth of several agitated emails, I discovered that the
> photographer took random photographs of individuals, selling their image
> without their knowledge or signature on a release form. While technically
> what they did was in a legal gray area of acceptability, ethically they have
> no solid ground on which to stand. But, I ask: if the face was blurred, how
> was I and several others able to immediately able to recognize our friend
> Marco? Peer recognition. And being a cyclist who rides for money, use of his
> photo while he works is equivalent to theft.
>
> Yes, I have been boastful, extravagant and silly to the point of
> embarrassment in the past, but the potential for my friend to be exploited
> monetarily was too much for me to idly watch and tolerate. I initially
> became agitated when I saw an ad in a US magazine. After I sent emails
> asking for opinions on the matter (I know that I am not always right), I was
> forwarded another ad from someone outside of the US with the same photo of
> Marco but digitally manipulated so that he faced the opposite direction. It
> was then I felt stronger the need to stop the ad campaign.
>
> Many of the riders in the USA ride in terrible conditions with low pay, no
> vacation, no real health benefits, no retirement plans, no college
> reimbursementt and must pay for bicycle expenses out of pocket with the
> threat of death from every passing car, cab, truck and bus. It is a shit
> situation, but one in which the rider is aware of the pros and cons. Someone
> attempting to make money off of messengers while riding in the rain made my
> blood boil. (I thought about this while riding in monsoon-like conditions
> yesterday) After much investigations, I was right in being angry. The anger
> should have been directed toward the photography company that sold the photo
> and the photographer that tried to exploit people on the street and
> digitally manipulating their image.
>
> When I see Kenda Tire ads in the coming months with a clear photos of Marco
> Creacy, I will feel vindicated. When you see those ads you should buy their
> stuff
>
> Corey the Courier
> "There is something wrong in a government where they who do the most have
> the least. There is something wrong when honesty wears a rag, and rascality
> a robe; when the loving, the tender, eat a crust, while the infamous sit at
> the banquets" -Robert G. Ingersoll.
>
>
>


-- 
Julio Saravia