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Photo Forum / Film Photography / 35 mm / July 2005

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US Corporate Thuggery Against Photographer

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Joseph Kewfi - 20 Jul 2005 19:54 GMT
This is ridiculous, imagine you're out shooting pic's and you take a
photograph that this or that corp. doesn't like and you end up being
threatened with legal action.

http://english.aljazeera.net/NR/exeres/1368F807-6F41-4C77-8785-EEFD71FAB4D4.htm
Gordon Moat - 20 Jul 2005 20:10 GMT
> This is ridiculous, imagine you're out shooting pic's and you take a
> photograph that this or that corp. doesn't like and you end up being
> threatened with legal action.
>
> http://english.aljazeera.net/NR/exeres/1368F807-6F41-4C77-8785-EEFD71FAB4D4.htm

Depends upon how the laws are in India. He might have legal ground for such an
image, or it could be slander . . . really just depends upon how the laws are
interpreted.

Ciao!

Gordon Moat
A G Studio
<http://www.allgstudio.com>
Joseph Kewfi - 20 Jul 2005 20:14 GMT
>He might have legal ground for such an image, or it could be slander . .

Come off it Gordon, Coke is trying to intimidate a photographer for taking
an image in a public place that it just happens to find not so positive
towards it. These corps. must think people are completely stupid.

> > This is ridiculous, imagine you're out shooting pic's and you take a
> > photograph that this or that corp. doesn't like and you end up being
> > threatened with legal action.

http://english.aljazeera.net/NR/exeres/1368F807-6F41-4C77-8785-EEFD71FAB4D4.htm

> Depends upon how the laws are in India. He might have legal ground for such an
> image, or it could be slander . . . really just depends upon how the laws are
[quoted text clipped - 5 lines]
> A G Studio
> <http://www.allgstudio.com>
Gordon Moat - 20 Jul 2005 21:35 GMT
> >He might have legal ground for such an image, or it could be slander . .
>
> Come off it Gordon, Coke is trying to intimidate a photographer for taking
> an image in a public place that it just happens to find not so positive
> towards it. These corps. must think people are completely stupid.

I don't pretend to know the laws in India. I have read of unfavourable laws in
some countries, so it would not surprise me. The simple act of Coca Cola filing a
lawsuit much mean they think they have some legal basis for that. That the
photographer is willing to fight also indicates that he believes he did nothing
wrong.

Did you even read that article. . . . . . He is a regular photographer for Coca
Cola. He also took that photo, but then placed it on a large billboard. This is
very different, in my view, to someone taking a photo and having it appear in a
newspaper. I will reserve judgement until he sees his day in court, and I wish the
photographer luck.

Based upon US laws, I would not think the case would have any merit here. It would
have surprised me more if this case was being tried in the US. Of course, there
might not even be such a case in the US, though there are bad examples here too.
Look up the lawsuit Mattel filed against a photographer who used Barbie dolls in
compromising positions. After five years, and free legal help, he prevailed in
that decision, and then the judge slapped a frivolous lawsuit fine upon Mattel.

Ciao!

Gordon Moat
A G Studio
<http://www.allgstudio.com>
ian lincoln - 20 Jul 2005 20:41 GMT
>> This is ridiculous, imagine you're out shooting pic's and you take a
>> photograph that this or that corp. doesn't like and you end up being
[quoted text clipped - 7 lines]
> are
> interpreted.

In other words who can afford the best lawyers.  Lets face it he's screwed.
As a 'former' client he is double screwed.
Gordon Moat - 20 Jul 2005 21:37 GMT
> >> This is ridiculous, imagine you're out shooting pic's and you take a
> >> photograph that this or that corp. doesn't like and you end up being
[quoted text clipped - 10 lines]
> In other words who can afford the best lawyers.  Lets face it he's screwed.
> As a 'former' client he is double screwed.

Not necessarily. I don't know the laws in India, though if he wins and Coca Cola is
required to pay his legal fees, then he would not necessarily be "screwed". There is
also the negative publicity aspect, in that it might hurt Coca Cola sales more to
fight him, than to just let him have his image on his billboard. I am curious to see
how this plays out.

Ciao!

Gordon Moat
A G Studio
<http://www.allgstudio.com>
DaveW - 20 Jul 2005 20:25 GMT
> This is ridiculous, imagine you're out shooting pic's and you take a
> photograph that this or that corp. doesn't like and you end up being
> threatened with legal action.
>
> http://english.aljazeera.net/NR/exeres/1368F807-6F41-4C77-8785-EEFD71FAB4D4.htm

Did you ever see Dr. Strangelove?????

But as far as it goes, I think that would fall under the "fair use"
rules here in the states. Oh, and there's a big difference between just
taking a picture and posting it on a billboard.

As usual, the corporate morons don't have a clue that threatening this
guy will cause them more damage than the billboard ever could.

Best Regards,

DAve
ian lincoln - 20 Jul 2005 20:52 GMT
.

> As usual, the corporate morons don't have a clue that threatening this guy
> will cause them more damage than the billboard ever could.

When i order anything with cola in it i usually ask for 'with coke'.  Due to
the feud the waiters now say 'we only have pepsi is that ok?'

i said i weren't really worried which is when they explained the latest
legal crap from the cola war.

Also here in britain restaruants who reuse heinz squeezee bottles by
refilling with a cheaper brand of red sauce can get screwed by the sauce
police.  Its not actually illegal unless someone complains to trading
standards or some such so heinz have their own crew who dress up as bottles
and tomatoes and stand outside the restaraunt with banners in order to
'shame' the owners of the cafes to owing up or stop re-using the containers.

Its like most people say sticky tape or even more say sellotape.  On one
childrens program they are only allowed to say sticky backed plastic.  This
is the BBC.  They don't use advertising revenue only the tv tax.  So some
BBC programs even designed and packaged their own household products so
rather than off the shelf stuff so that no known brands got any free
advertising or any fear of accusations of product placements.

I've noticed a few epsiodes of american tv where forensics or reporters
using slrs have the brand blanked off on the front.
Gordon Moat - 20 Jul 2005 21:41 GMT
> .
> >
[quoted text clipped - 23 lines]
> I've noticed a few epsiodes of american tv where forensics or reporters
> using slrs have the brand blanked off on the front.

In California, there is the Department of Weights and Measures. It use to be
that I could go to one of my favourite cafés, and order a medium gelato. Now,
due to the DW&M, they have a scale at the gelato counter, and charge everyone
by the weight of the "medium gelato". Time to see the Department of Redundancy
Department.  :~(

Ciao!

Gordon Moat
A G Studio
<http://www.allgstudio.com>
Jerry L - 21 Jul 2005 05:40 GMT
'tis no more goofy than the lawsuit (from a number of years back) where
7-Up tried to sue 7-Eleven Stores for using the 7 in their name.

Winner: a tie.  The case was tossed out of court by the judge.

= = =

> > .
> > >
[quoted text clipped - 5 lines]
> >
> > i said i weren't really worried which is when they explained the latest
SNIP

> Now, due to the DW&M, they have a scale at the gelato counter, and charge everyone
> by the weight of the "medium gelato". Time to see the Department of Redundancy
[quoted text clipped - 5 lines]
> A G Studio
> <http://www.allgstudio.com>
McLeod - 21 Jul 2005 17:11 GMT
>I've noticed a few epsiodes of american tv where forensics or reporters
>using slrs have the brand blanked off on the front.

I expect they would remove the tape just as soon as the camera company
coughed up a healthy sponsorship for having their brand name
prominently displayed.
ian lincoln - 22 Jul 2005 00:46 GMT
>>I've noticed a few epsiodes of american tv where forensics or reporters
>>using slrs have the brand blanked off on the front.
>
> I expect they would remove the tape just as soon as the camera company
> coughed up a healthy sponsorship for having their brand name
> prominently displayed.

Unfortunately my total lack of faith in american lawyers means that the
opposing brands would sue cos using brand x would suggest that the real
police use brand Y which simply isn't true and damages their image.
Joseph Kewfi - 20 Jul 2005 21:00 GMT
>Oh, and there's a big difference between just taking a picture and posting
it on a billboard.

Apparently this guy uses billboards regularly to showcase his work, it
wasn't just in the case of this coke image.

> As usual, the corporate morons don't have a clue that threatening this
> guy will cause them more damage than the billboard ever could.

As I said ridiculous, when I first saw it I thought it was a spoof. Imagine
Fuji and Kodak taking photographer's to court for producing bad pictures
with their films.

> > This is ridiculous, imagine you're out shooting pic's and you take a
> > photograph that this or that corp. doesn't like and you end up being
> > threatened with legal action.

http://english.aljazeera.net/NR/exeres/1368F807-6F41-4C77-8785-EEFD71FAB4D4.htm

> Did you ever see Dr. Strangelove?????
>
[quoted text clipped - 8 lines]
>
> DAve
Joseph Meehan - 20 Jul 2005 20:56 GMT
'' .. displaying one of his photographs - depicting water shortages against
a backdrop of the company's ubiquitous logo - on a giant billboard.''

       Using the company logo (it is not clear what was actually done in
this case) on a billboard could be a violation in the US. The logo and it's
use is the property of the owner.

Signature

Joseph Meehan

Dia duit

> This is ridiculous, imagine you're out shooting pic's and you take a
> photograph that this or that corp. doesn't like and you end up being
> threatened with legal action.
>
> http://english.aljazeera.net/NR/exeres/1368F807-6F41-4C77-8785-EEFD71FAB4D4.htm
Duncan J Murray - 21 Jul 2005 00:32 GMT
>        Using the company logo (it is not clear what was actually done in
> this case) on a billboard could be a violation in the US. The logo and
> it's use is the property of the owner.

Hmmm..  but if they put up their logo in a public space, how can they then
demand that it mustn't be photographed?  How is photography any worse than
observing that coca cola is producing drinks where famine is?  Sure one can
observe in biased ways, but I'm more of a libertarian and believe in freedom
of speech.  Though I presume that the law will tell me differently.
Duncan
Joseph Meehan - 21 Jul 2005 00:46 GMT
>>        Using the company logo (it is not clear what was actually
>> done in this case) on a billboard could be a violation in the US.
[quoted text clipped - 6 lines]
> libertarian and believe in freedom of speech.  Though I presume that
> the law will tell me differently. Duncan

   You need to go back the the part of my message you snipped.

'' .. displaying one of his photographs - depicting water shortages against
a backdrop of the company's ubiquitous logo - on a giant billboard.''

   It would appear to me that the person in question was displaying his
photographs (which likely was not a problem) against a backdrop of the Coke
logo which may well have not been a photo or may have been nothing more than
a photographic copy of the logo.  As noted in my message "it is not clear
what was actually done in this case" it is not clear.

Signature

Joseph Meehan

Dia duit

Mark Sieving - 21 Jul 2005 01:11 GMT
"Duncan J Murray"
<duncan.murray@remove.this.bit.medical-school.and.this.bit.oxford.ac.uk>
wrote:

>Hmmm..  but if they put up their logo in a public space, how can they then
>demand that it mustn't be photographed?

It's not clear to me that the logo was in a public place.  The
article just says that the picture shows a row of pots, a dry
well, and the logo and tagline in the background.  I can't assume
from that description that the logo was publicly displayed in the
village behind the well.  I haven't seen the actual photograph,
but my impression is that the logo was either edited in by the
photographer, or was part of the photographer's setup.

Mark Sieving
Matt Clara - 22 Jul 2005 09:04 GMT
> This is ridiculous, imagine you're out shooting pic's and you take a
> photograph that this or that corp. doesn't like and you end up being
> threatened with legal action.
>
> http://english.aljazeera.net/NR/exeres/1368F807-6F41-4C77-8785-EEFD71FAB4D4.htm

It says the company in India is taking action, not the US company.
ian lincoln - 22 Jul 2005 11:57 GMT
>> This is ridiculous, imagine you're out shooting pic's and you take a
>> photograph that this or that corp. doesn't like and you end up being
[quoted text clipped - 3 lines]
>
> It says the company in India is taking action, not the US company.

Its all one big bastard company.  Sugar water with enough acid to dissolve a
tooth in 24 hours flat.
Jon Nadelberg - 22 Jul 2005 21:35 GMT
>>> This is ridiculous, imagine you're out shooting pic's and you take a
>>> photograph that this or that corp. doesn't like and you end up being
[quoted text clipped - 6 lines]
> Its all one big bastard company.  Sugar water with enough acid to dissolve
> a tooth in 24 hours flat.

Maybe I should stop keeping mouthfuls of coke in my mouth for days at a time
then.
ian lincoln - 22 Jul 2005 22:05 GMT
>>>> This is ridiculous, imagine you're out shooting pic's and you take a
>>>> photograph that this or that corp. doesn't like and you end up being
[quoted text clipped - 9 lines]
> Maybe I should stop keeping mouthfuls of coke in my mouth for days at a
> time then.

Its quite common for those working in mcdonalds to have their front two
teeth corroded from the back to the front.  its cos employees have free
access to the coke and they drink through the straw.  It literally corrodes
them and it doesn't take that long either.
Alan Browne - 24 Jul 2005 15:22 GMT
> Its quite common for those working in mcdonalds to have their front two
> teeth corroded from the back to the front.  its cos employees have free
> access to the coke and they drink through the straw.  It literally corrodes
> them and it doesn't take that long either.

Proof?

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William Graham - 24 Jul 2005 20:43 GMT
>> Its quite common for those working in mcdonalds to have their front two
>> teeth corroded from the back to the front.  its cos employees have free
>> access to the coke and they drink through the straw.  It literally
>> corrodes them and it doesn't take that long either.
>
> Proof?

I had a friend who drove back and forth across the country frequently. He
kept a cooler of Coke on the floor on the passenger side of his car. (his
front teeth were in pretty bad shape) He told me that when he drove through
a freshly tarred road, the best stuff for cleaning the tar off his car was
the Coke.......
Bob Harrington - 25 Jul 2005 05:17 GMT
>>> Its quite common for those working in mcdonalds to have their front
>>> two teeth corroded from the back to the front.  its cos employees
[quoted text clipped - 8 lines]
> me that when he drove through a freshly tarred road, the best stuff
> for cleaning the tar off his car was the Coke.......

It's called citric acid.  Whaddaya think orange juice would do for you?
prep@prep.synonet.com - 28 Jul 2005 21:03 GMT
> It's called citric acid.  Whaddaya think orange juice would do for you?

Phosphoric Acid. Common uses are Coke and rust converter...

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William Graham - 28 Jul 2005 23:00 GMT
>> It's called citric acid.  Whaddaya think orange juice would do for you?
>
> Phosphoric Acid. Common uses are Coke and rust converter...

Sounds like my combination wallpaper paste and waffle batter.......
Bob Harrington - 29 Jul 2005 03:04 GMT
>> It's called citric acid.  Whaddaya think orange juice would do for
>> you?
>
> Phosphoric Acid. Common uses are Coke and rust converter...

This would explain that 'D' in Chemistry...  =^{
Alan Browne - 25 Jul 2005 11:36 GMT
>>Proof?
>
[quoted text clipped - 3 lines]
> a freshly tarred road, the best stuff for cleaning the tar off his car was
> the Coke.......

May be so, but that's a far cry from  "quite common for those working in
mcdonalds"

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ian lincoln - 24 Jul 2005 23:04 GMT
>> Its quite common for those working in mcdonalds to have their front two
>> teeth corroded from the back to the front.  its cos employees have free
>> access to the coke and they drink through the straw.  It literally
>> corrodes them and it doesn't take that long either.
>
> Proof?

What do you want a copy of the guys medical records?

I also asked my own dentist about the mouth wash that help with bacteria and
shifting plaque etc.  The answer was save your money.  So much for being
clinically proven and approved by the dental association.
Alan Browne - 25 Jul 2005 11:34 GMT
> What do you want a copy of the guys medical records?

No.  This is like your other post about coke disolving teeth.  Plain
urban legend.  You clain "It is quite common for those ..." but you
don't quote your source of info.

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ian lincoln - 25 Jul 2005 12:46 GMT
>> What do you want a copy of the guys medical records?
>
> No.  This is like your other post about coke disolving teeth.  Plain urban
> legend.  You clain "It is quite common for those ..." but you don't quote
> your source of info.

Someone who actually works there and consulted a dentist.  It was his
dentist that enlightened him.  The dentist source were his own patients.
Long term drinkers place the straw behind the back two teeth and hold there
with the tongue.  Hence all liquid flowing into the mouth passes over those
two teeth.  We aren't talking overnight either.  We are talking full time
employees after a year or so at least.

occassional drinkers tend to put the straw further back in the mouth.  This
just behind the teeth is a bad habit produced by habitual drinkers who have
free and unlimited access.

Its not just the acid its the sugar.  My nephew had a penshent (scuse
spelling) for ribena.  Sugar loaded.  face full of fillings already.
They've brought out 'tooth kind' now.  Reduced sugar and altered the p.h.
Alan Browne - 25 Jul 2005 13:17 GMT
> Someone who actually works there and consulted a dentist.  It was his

So you go from "quite common for those ..." implying most employees to a
single case.

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ian lincoln - 25 Jul 2005 13:59 GMT
>> Someone who actually works there and consulted a dentist.  It was his
>
> So you go from "quite common for those ..." implying most employees to a
> single case.

implying most employees from a professional dentist source.  yes quite
common.  Among those that can actually cope with working in McD's for a
year.   Granted not too many below management level.  I imagine turnover is
quite high.
Alan Browne - 24 Jul 2005 15:22 GMT
> Its all one big bastard company.  Sugar water with enough acid to dissolve a
> tooth in 24 hours flat.

http://www.snopes.com/cokelore/tooth.asp

OTOH, given the very high amount of sugar, it is foolhardy to drink more
than the occasional coke.  The docu-movie "Supersize me" is a good view
about the ills of fast food and soft drinks.

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Joseph Meehan - 24 Jul 2005 15:54 GMT
>>> This is ridiculous, imagine you're out shooting pic's and you take a
>>> photograph that this or that corp. doesn't like and you end up being
[quoted text clipped - 6 lines]
> Its all one big bastard company.  Sugar water with enough acid to
> dissolve a tooth in 24 hours flat.

   http://www.snopes.com/cokelore/acid.asp

   http://mckimsonconnection.com/CocaColaNail.htm

   http://www.breakawaymag.com/AllTheRest/A000000086.cfm

   It just ain't so.

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Lionel - 28 Jul 2005 05:40 GMT
On Fri, 22 Jul 2005 10:57:45 GMT, in
<Ji4Ee.21504$yP3.3704@fe1.news.blueyonder.co.uk>, "ian lincoln"
<jessops@sux.com> said:

>>> This is ridiculous, imagine you're out shooting pic's and you take a
>>> photograph that this or that corp. doesn't like and you end up being
[quoted text clipped - 6 lines]
>Its all one big bastard company.  Sugar water with enough acid to dissolve a
>tooth in 24 hours flat.

That's a classic urban myth:
<http://www.snopes.com/cokelore/tooth.asp>

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Alan Browne - 24 Jul 2005 15:17 GMT
> This is ridiculous, imagine you're out shooting pic's and you take a
> photograph that this or that corp. doesn't like and you end up being
> threatened with legal action.
>
> http://english.aljazeera.net/NR/exeres/1368F807-6F41-4C77-8785-EEFD71FAB4D4.htm

Thuggery?  From the article:  "" "It's an infringement of our trademark,
but we respect Haksar's right to creative expression and have been in
discussions with him," said a Coke spokesman.

"We hope to settle the issue amicably," he said.  ""

Doesn't sound like the usual "We do not comment on legal actions." or
somesuch from most corporations.

And the action is (as usual) over the _publishing_ of the image, not the
taking of the image.

IMO it would be fair use as well as free speech.

As the legal action is in India, of course, Indian law will apply.

Cheers,
Alan

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