# Retro Resin is using my PENGUIN model pic



## Geoff Boaz (Jan 1, 1970)

*Retro Resin is using my PENGUIN model pic--IE STOLEN!*

Retro Resin is using my AURORA penguin model pic that I posted here to sell their resin model. I took a screen grab of the page, should I do something?

Here's the page they sell the item on:
http://www.retroresin.com/retroresinmodelkits_009.htm

Here's my pic from this board:









My stolen pic they are using:








They even removed the hobbytalk logo in the bottom right corner.


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## Jimmy B (Apr 19, 2000)

Geoff Boaz said:


> , should I do something?


Yea - feel flattered


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## kit-junkie (Apr 8, 2005)

I have a different opinion, being a graphic designer. It's theft. They didn't ask you to use the photo. It's up to you whether you let them do it, or tell them to remove the pic. Flattered my a$$. Sorry, if that offends. This is a sore subject with me.


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## Hunch (Apr 6, 2003)

kit-junkie said:


> I have a different opinion, being a graphic designer. It's theft. They didn't ask you to use the photo. It's up to you whether you let them do it, or tell them to remove the pic. Flattered my a$$. Sorry, if that offends. This is a sore subject with me.


I'm with you on that one.

Hunch


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## irishtrek (Sep 17, 2005)

Ask a lawer or call legal aid, if you have a legal aid office in your city that is.


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## DinoMike (Jan 1, 1970)

And HE'S the one so concerned with rights that's he's trying to sue Moebius over the Jekyll kit... yet he uses other people's work without permission.


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## Scott Hasty (Jul 10, 2003)

It's no different that recasting illegally (except it's less work to "erase" a copyright on any good paint program).

I'd call him on it. Even if he refuses and you can't afford a lawyer, word of mouth is the only way he's in business. And from I'm reading as of late, his business practices are becoming more and more questionable.

I certainly wouldn't buy from someone like this.

Sorry, if that offends. But I don't give a rat's...


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## Roland (Feb 4, 1999)

It's your call on that one. You should be able to get a free kit out of it at least.


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## Tres Wright (May 18, 2006)

WOW!!!! I would be flattered if they emailed me and asked to use the pic, but just stealing it and even photoshopping the logo out like that is low-down. Once some kid stole a bunch of built-up model pics off my site and set up his own site advertising the built models for sale!!! I sent him an email politely pointing out to him that he should remove my pictures and post his own, he sent a response full of profanity insisting that I had stolen HIS pics! What a world we live in :freak:


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## spe130 (Apr 13, 2004)

Tres Wright said:


> WOW!!!! I would be flattered if they emailed me and asked to use the pic, but just stealing it and even photoshopping the logo out like that is low-down.


Agreed on both counts. Under current copyright law, pretty much everything is protected, even without the magic "circled C" logo. There are certain other protections that come with pointing out the copyright, and even more that come with registering it with the US Copyright office.

(Of course, that isn't legal advice...just information on the state of the law. For legal advice, talk to a lawyer admitted to practice in your jurisdiction.)


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## fluke (Feb 27, 2001)

Thats not cool at all. I would contact them ASAP and ask to have it removed. If thier kits are so great they should build and show thier own products!


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## iamweasel (Aug 14, 2000)

I had them as a possible for buying from but I think now I won't give them a cent. Between this and what they are doing with Frank, I'll spend my money elsewhere now.


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## rat salad (Oct 18, 2004)

I'd be pissed too. They got a FREE photo.
The problem is:
a.) you didn't have the photo copyrighted, did you? 
b.) I'm pretty sure that when you post a snapshot on a public bulletin board it becomes public domain.
I'm not sure there is anything you can do about it.

I'd never buy from them.
They take what seems like "years" to deliver (months and months).

P.S.
I am a graphic designer/tech illustrator too.
I'll ask about this at work tomorrow.


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## kit-junkie (Apr 8, 2005)

rat salad said:


> I'd be pissed too. They got a FREE photo.
> The problem is:
> a.) you didn't have the photo copyrighted, did you?


Doesn't matter. Think of it (kind of) like a mechanics lien.


> b.) I'm pretty sure that when you post a snapshot on a public bulletin board it becomes public domain.


Wrong again. Does a MP3 become public domain once your kid posts it on his MySpace page? Nope. NOTHING IS PUBLIC DOMAIN JUST BECAUSE IT'S POSTED ON "THE WEB". It's time to put that myth to rest. "Busted" -- Mythbusters


> I'm not sure there is anything you can do about it.


He can defiitely make them take it down, if he can prove it's his photo. He may even be due compensation, if he pursues it legally.


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## rat salad (Oct 18, 2004)

kit-junkie said:


> Does a MP3 become public domain once your kid posts it on his MySpace page?


Just about every MP3 out there is copyrighted (if it's a professional recording by a professional artist). In that case you're right, but MP3's are another story entirely.



kit-junkie said:


> He can defiitely make them take it down, if he can prove it's his photo. He may even be due compensation, if he pursues it legally.


Obviously RR thinks it's nothing to worry about legally.
Anyway, good luck Geoff. If I were you I'd politely ask him to remove the picture, inquiring why you were not asked about using it.


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## spe130 (Apr 13, 2004)

rat salad said:


> I'd be pissed too. They got a FREE photo.
> The problem is:
> a.) you didn't have the photo copyrighted, did you?
> b.) I'm pretty sure that when you post a snapshot on a public bulletin board it becomes public domain.
> I'm not sure there is anything you can do about it.


Current copyright law offers (for the most part) automatic protection upon creation of a work. I'd suggest reading this page:
http://www.copyright.gov/circs/circ1.html



> What Works Are Protected?
> 
> Copyright protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:
> 
> ...





> How to Secure a Copyright
> Copyright Secured Automatically upon Creation
> 
> *The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright.* (See following note.) There are, however, certain definite advantages to registration. See “Copyright Registration.”
> ...


And this page: http://www.copyright.gov/circs/circ40.html



> Copyright Protection Is Automatic
> 
> Under the present copyright law, which became effective January 1, 1978, a work is automatically protected by copyright when it is created. A work is created when it is “fixed” in a copy or phonorecord for the first time. Neither registration in the Copyright Office nor publication is required for copyright protection under the present law.


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## Roland (Feb 4, 1999)

Here's a news story about a girl who's photo was on the internet and someone just grabbed it to use in their ad campaign without permission.

http://www.cnn.com/video/#/video/us/2007/09/24/intv.virgin.flickr.lawsuit.cnn


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## brineb (Jun 12, 2007)

Well ... I wouldn't sue, but I would email them and ask them why they did it and possibly ask for some product in return for using your photo.


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## John P (Sep 1, 1999)

Definitely complain. They certainly should have asked.


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## Dr. Pretorius (Nov 17, 2000)

I was also thinking of purchasing one of their kits. Now I'm not so sure.

They should have asked. If they can credit other build up artists, they can at least do the same for you.

It's not helping RR's business any.


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## kit-junkie (Apr 8, 2005)

spe130 said:


> Current copyright law offers (for the most part) automatic protection upon creation of a work. I'd suggest reading this page:
> http://www.copyright.gov/circs/circ1.html


Great post. Thank you for helping straighten that out.


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## MonsterModelMan (Dec 20, 2000)

Sorry guys...I had wrote up a reasonable solution to this but then I read what has been going on with Moebius. I had to delete this and edit it.
WOW! I am shocked that RR would stoop to these depths.

MMM


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## MadCap Romanian (Oct 29, 2005)

> he sent a response full of profanity insisting that I had stolen HIS pics! What a world we live in


That's not too uncommon these days actually!

The CNN cover story was great. Maybe in your letter to RR, you should use all these doccuments quoted ANd send the CNN link. 

Good luck in your case!

Trevor Ursulescu
Monster Hobbies

P.S. Know that Monster Hobbies will NOT contact RR for product!


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## terryr (Feb 11, 2001)

Anything you create is automatically your copyright. This reply is mine. But if someone used it, the question is how much of a loss do I have? 
If they claim it is theirs, then that is also against copyright [and patents.] Loss and Ownership is what the law is concerned with.

It's a lousy thing to do, anyway.

EDIT; missed second page before post.


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## kit-junkie (Apr 8, 2005)

Anything you create is automatically your copyright. This reply is mine. But if someone used it, the question is how much of a loss do I have? 
If they claim it is theirs, then that is also against copyright [and patents.] Loss and Ownership is what the law is concerned with.

It's a lousy thing to do, anyway.

EDIT; missed second page before post.

terryr, you stole my post you filthy @$$, &%$%#!! *&*@#$! 


:roll:


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## TAY666 (Jan 8, 2000)

Send him an email.

Tell him you don't appreciate him using your images without your permission.
Request that he remove them.

If he refuses, contact his webhost and complain about infringement of intelectual rights. Explain that he is using stolen images and refuses to remove them.


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## the Dabbler (Feb 17, 2005)

From what I have seen & read as to written material, (music particularly ), the copyright is " the lifetime of the author plus fifty years". I found this researching my favorite singer/writer who died in 1953.
( Yes, I DID post this on two threads )


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