Gibson pedal article - they STOLE my picture!

[Robert]

What a surprise! Check this page -
http://www.gibson.com/en-us/Lifestyle/Features/back-to-basics-603/

That picture is from my home built pedalboard, which I made out of a suitcase! Can't believe it's published on the Gibson site without any reference to me or my website!

Original source of image : http://www.dolphinstreet.com/guitar_pedals/pedal_board/

Hey you lawyer people, can I make them give me a few Les Pauls and some amps to make it up to me? :rotflmao: haha!

It was just a fluke I found this. I was looking at Google News, searching for something new about guitars, when I spotted a thumbnail of a photo I recognized A LOT!

It's also cropped and put on this page http://www.gibson.com/en-us/lifestyle/bios/22/

Wonder what I should do... should I add a comment on that page? Or should I contact the author and ask him to reference me or my website? The risk either way is that the photo will be replaced by some other pic - I don't mind them using the picture, but I would like to be mentioned on that page, ideally with a link back to my website! :rockon:

Grrr..... :punch:

UPDATE:
The author added a comment in May 2010 - http://www.dolphinstreet.com/blog/gibson-stole-photo.php

[duhvoodooman]

Whoa, I'd definitely be contacting them and asking how they intend to compensate you for this egregious & unauthorized misappropriation of your rightful property! With any luck, Jimi won't be the only Fretter playing a nice new Gibby LP! However, you will definitely need competent legal representation! Lemme see, do you know any good lawyers, Robert? Me neither! :rotflmao:

BTW, I'm super-pissed that they didn't steal a photo that has the ZYS in it....

[Blaze]

You should make a Mac photo of the page before askin anything..

[just strum]

Should have written "Dolphin Street" and "Just Strum Rocks" on every pedal.

Too late now, get a lawyer.

[Algonquin]

'Imitation is the sincerest form of flattery'

At least they didn't rip into you for you choices of where each pedal resides in the chain, or anything silly like that.

Time to go put a Dolphinstreet.com watermark on all your photo's Robert.

[Robert]

I have PDF'd the whole article, and I will soon write a letter to Mr. Hunter and Gibson, asking to be credited for that picture.

[duhvoodooman]

[B][I][COLOR="Blue"]At least they didn't rip into you for you choices of where each pedal resides in the chain, or anything silly like that.
"And here we have a perfect example of how NOT to set up a pedal board. What the heck was this pitiful moron thinking??" :rotflmao: ;)

[Robert]

I have now emailed Gibson regarding this. Hope I can get some sort of reply. It not, I know how to spread the word about this "incident" online... ;)

[just strum]

FWIW: My experience with Gibson is they respond within 24 hours, but I've never contacted them for something like this. Well that's not true, they did post those pictures without my permission of me performing at Carnegie Hall.

[duhvoodooman]

....they did post those pictures without my permission of me performing at Carnegie Hall.
Performing what, and on who?

[just strum]

Performing what, and on who?

Hey hey hey, don't make me get a mod after you. oh, never mind.;) :poke:

[tjcurtin1]

That's really odd - I mean, on someone's own little webpage maybe, but Gibson? You think that a. they'd have access to lots of guitar gear images, and 2. that their web designers/lawyers would be pretty sensitive to that kind of infringement

[Spudman]

After you bring it to their attention they'll probably just remove the photo and there will go your claim to fame.

[Robert]

I saved the page as a PDF and I might share that with others to tell this story... ;)

[just strum]

a legend is born or urban legends years from now.

[sumitomo]

I think they need to get you and Arlen together to do a lesson for us fretters!!! what do the rest of you think.Sumi:D

[bigoldron]

I think you did the right thing by contacting them, Robert. You can bet, by George, that if YOU had one of their unauthorized pics posted, they'd come after you. Just ask Activision/Guitar Hero how "friendly" they are...

[Jimi75]

I have now emailed Gibson regarding this. Hope I can get some sort of reply. It not, I know how to spread the word about this "incident" online... ;)

First of all you should feel happy about the fact (not worth a thumb down smiley, he) that they took your picture. Maybe they monitor you and did not take the picture by pure coincidence. Anyways, big companies work slow, so an answer could take some time. Are the pictures copyrighted?

Robert I cross my fingers for you that Gibson will send you something "nice" for taking the pix.

:AOK:

[bigG]

and the truly ironic thing is that you don't own a single piece of Gibson gear! Now that's funny! :D

[Brian Krashpad]

First of all you should feel happy about the fact (not worth a thumb down smiley, he) that they took your picture. Maybe they monitor you and did not take the picture by pure coincidence. Anyways, big companies work slow, so an answer could take some time. Are the pictures copyrighted?



Under the Berne Act, copyright exists in the author of a work from the moment of the work's creation. Although registration offers some advantages, it does not create the copyright, the act of creating the work does.

Gibson stole, plain and simple.

[Jimi75]

Under the Berne Act, copyright exists in the author of a work from the moment of the work's creation. Although registration offers some advantages, it does not create the copyright, the act of creating the work does.

Gibson stole, plain and simple.

Thanks for the info Mr Laywer ;-)

[Brian Krashpad]

Thanks for the info Mr Laywer ;-)

Bitte, meine freund!

[Monkus]

Wow, you would think that they would be more careful. You're doing the right thing Robert...lets see how this turns out.

[Robert]

Nothing from Gibson yet.

If you create a photo, music snippet, a poem, etc - no one has a right to steal that from you unless you give them specific permission. Thanks Brian, I knew I could count on some of you attorney/lawyer people!

[Jimi75]

Looks like a lawsuit is coming Gibson's way :munch:

May the force be with you Roberto :)

[just strum]

Under the Berne Act, copyright exists in the author of a work from the moment of the work's creation. Although registration offers some advantages, it does not create the copyright, the act of creating the work does.

Gibson stole, plain and simple.


How does Google (images) get away with it? Isn't there something to be said about having your pics on a public access website that you leave yourself open for this?

[Robert]

Read here Strummy - http://www.google.com/help/faq_images.html#copyright


The images identified by the Google Image Search service may be protected by copyrights. Although you can locate and access the images through our service, we cannot grant you any rights to use them for any purpose other than viewing them on the web. Accordingly, if you would like to use any images you have found through our service, we advise you to contact the site owner to obtain the requisite permissions.

[ZMAN]

I had that happen on a local buy/sell network. The guy was selling a Gibson Studio, and used my picture that I was using as an avatar on the Gibson Les Paul forum. I replied to his add and told him to take my picture off the add several times and nothing happened. I eventually had to send an email to the site that the guitar in the picture was mine and was not for sale and the add was pulled.

[oldguy]

Wow.............so when all of us are grabbing funny pics off the 'web and copying and pasting them here.............we could be guilty of stealing?
I guess I need to be more mindful of putting up pics of beer girls, old amph ads, weird animals and such............:confused:

[M29]

I hope you like Gibson picks....................

[pes_laul]

I think you should have them give each fretter a Les paul or SG of there choice or you will file a lawsuit:rockon:

[Monkus]

I'll settle for a epi Casino ... !!! :D

[Jimi75]

Robert, how about suggesting to them if they are already using your picture without asking you they should at least put your name under the picture maybe with a link to dolphinstree.com, if they wanna use it.

[Robert]

Robert, how about suggesting to them if they are already using your picture without asking you they should at least put your name under the picture maybe with a link to dolphinstree.com, if they wanna use it.

That's what I did, Jimi. ;)

No reply yet. :(

[Jipes]

This type of stealing images is very frequent it happens to several of my friends which are professional photographers. Even one found one of his photo in a catalogue for vacations hotels without any copyright. They both took action in justice and won compensation !

[Auriemma]

ALL images are automatically copyrighted to the photographer unless that copyright is sold or taken in a "photo for hire" capacity. Being a sports photog, I know.

You can send in a CD to the copyright office for $10 with proper forms to register it just to cover your ***. There is a time limit from date of capture though. The difference is that with a registered pic, you can hire a lawyer and file a lawsuit for copyright infringement, legal fees included! (Lawyers LOVE that!) Unregistered, you pay for the lawyer.

Simply put, Gibson published you pic without permission, they owe you. Do you need a new guitar? Seriously!

[Perfect Stranger]

I think I'd be deciding WHICH Gibson I REALLY wanted. Then you won't have to think hard when it's time to tell them how to correct the situation.

[Brian Krashpad]

Wow.............so when all of us are grabbing funny pics off the 'web and copying and pasting them here.............we could be guilty of stealing?
I guess I need to be more mindful of putting up pics of beer girls, old amph ads, weird animals and such............:confused:

Depends on why were posting them. There's a somewhat amorphous concept of "fair use" that would arguably apply to many non-commercial uses, especially if the pic was up on the web and you were making some comment about it.

[SharkUSMC]

Seems like the kind of thing that will get someone fired, but not result in much gain for the OP.

[Robert]

Well, no response from Gibson, so I'm not sure what I will do next.

[Plank_Spanker]

Well, no response from Gibson, so I'm not sure what I will do next.

Amass lawyers, guns, and money.............................:D

[Auriemma]

Send them an invoice for image usage. $5000 USD should get their attention. Notify them that you are the author of that image and they never obtained usage permission for it. Include the link to the page and a copy of the image.

You can also contact their web host and notify them that they are violating your image copyright and that you want the image removed immediately.

Its either that or a Cease and Desist Order.

[Robert]

Well, I wrote up the story on my blog - http://www.dolphinstreet.com/blog/gibson-stole-photo.php

Since I have a lot of blog subscribers, it will be interesting to see what happens. The cat is outta the hat!

[SuperSwede]

You could always start a facebook group, those are all the rage these days and I bet that there are some Gibson employees surfing that site!

[Robert]

http://www.gibson.com/en-us/Lifestyle/Features/back-to-basics-603/

My photo was removed today. I have not heard a word from Gibson though.

[Spudman]

Douchebags! :punch:

[pes_laul]

jeez, not even a few les pauls?

[Robert]

Not a word. They could at least have said, "oops, sorry for our mistake" or something?

You can always add your comments on http://www.gibson.com/en-us/Lifestyle/Features/back-to-basics-603/ ...;)

[pes_laul]

Lol if you read in the bottom it says customer service 24 hours seven days a week

[SuperSwede]

I posted a comment, I hope more ppl will do that..

[Robert]

Thanks SS! Appreciate the effort, anyone else - feel free to add a comment on that page too.

[oldguy]

Done, my friend.:)

[SuperSwede]

Have they removed all the comments about the picture??

[Jimi75]

5 minutes ago I have posted a comment. They didn't post it.

What can I say.....it's pretty sad performance of the big G, but I love their guitars...

[oldguy]

It is 5:30 A.M. here, and the comments are still there. I have to switch to "compatibility view" w/ windows vista to read them, tho. I don't see Jimi's comment. There is one by Tony S.
Was that one yours, Jimi?
Maybe they didn't post your comment.

[Jimi75]

It is 5:30 A.M. here, and the comments are still there. I have to switch to "compatibility view" w/ windows vista to read them, tho. I don't see Jimi's comment. There is one by Tony S.
Was that one yours, Jimi?
Maybe they didn't post your comment.

Yes, Tony S. that is my comment.

[Brian Krashpad]

I'm up too.

[Robert]

Appreciated guys. I would be happy to have my photo up on their site if they could credit me for the photo (by a link to my website) but it seems unlikely that this will happen.

[ibanezjunkie]

get a lawyer or attourney to contact gibson on your behalf.

[Robert]

Update - check the comment from the author himself on - http://www.dolphinstreet.com/blog/gibson-stole-photo.php

[Jimi75]

Update - check the comment from the author himself on - http://www.dolphinstreet.com/blog/gibson-stole-photo.php

Cool reaction from the guy. :applause

[Eric]

Well, he comes across as a nice enough guy. I suppose you could say he should be aware of that which has his name attached to it, but from my seat way in the back, he seems to be pretty earnest and sincerely apologetic about the whole thing.

[poodlesrule]

Hired writer direct response is one thing... that still leave a Gibson party unresponsive and not owning to his/her lack of judgement.

Gibsons are not Maytag washers, there is a lot of touchy-feely stuff built in the brand, and they have a *rich* promo dept., don't they... :-)

[syo]

The writer of the piece was earnest, no doubt. Of course he apparently was never the problem. Gibson will not admit to or comment on anything. Their response to your response was to "cease and desist" which they eventually did. They will not comment for liability issues. The only thing that would push them to comment is if they thought an issue might affect their bottom line.

So I for one, in support of our man Robert, vow to never purchase a Gibson guitar until Gibson publicly admits their infringement of Robert's copyright. (Of course I'm not really inclined to by a new one anyway, but this is beside the point :whatever: ).

But in all decency, if Gibson expects others to respect their trademark they should respect the work of others as well..

[Auriemma]

I still say send them an invoice for $5,000. Who knows, they just might pay it.

[kerc]

I still say send them an invoice for $5,000. Who knows, they just might pay it.

Good idea, it might get lost in the daily shuffle. Surprise check! :cool: