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how fuc***g stupid is this ????
So if i make actual architectural photo of a house with BMW in front of it and change the cars color, i will get sued??
Funny they dont sue all the chinese and corean car manufacturers since theyre clearly copying parts of their cars...shame on them
Funny they dont sue all the chinese and corean car manufacturers since theyre clearly copying parts of their cars...shame on them
They do. Car companies sue the Chinese copycats all the time, but they generally lose, partly because China has weak intellectual property laws, and partly because the Chinese government tends to side with their car makers.
But getting back to topic, BMW's lawsuit doesn't seem that unreasonable to me. It's their brand and their IP, and it's their right to protect it.
But I guess I'm in a minority there.
ok so... everybody stop modeling right now!!! furniture, kitchen equipment, electronics ! right now stop it or you will get sued !
Well they're not suing the people that are making them, they're suing a large corporation that are making a profit from selling their designs without their permission.
but in the end Wilyman, everybody in the viz industry is selling someone elses intelectual property thats the point Luke is trying to make and as i understand it.
Well they're not suing the people that are making them, they're suing a large corporation that are making a profit from selling their designs without their permission.
Like the money Turbosquid is making on models (and people who sell the models they spent time to model mostly from blueprints and not based on actual cad designs coming form bmw or whatever other company) is comparable what people are paying for BMW real cars all over the world. I'm sure BMW designers are making huge money (nothing comparable to someone who modeled car based on blueprints or even only photographs). Why they need even more?! Really no one can see that there's something really wrong here?
but in the end Wilyman, everybody in the viz industry is selling someone elses intelectual property thats the point Luke is trying to make and as i understand it.
Yes, but they're usually being paid to do so by the owners of that IP, or at least have their permission.
That's certainly the case in the automotive and product work I do.
I appreciate it may be different in arch viz, where I guess you may need a lot of incidental products to populate an area.
Anyway, I didn't say I agree with BMW's lawsuit, just that it "doesn't seem that unreasonable to me".
Like the money Turbosquid is making on models (and people who sell the models they spent time to model mostly from blueprints and not based on actual cad designs coming form bmw or whatever other company) is comparable what people are paying for BMW real cars all over the world.
Not sure how that's relevant.
I'm sure BMW designers are making huge money
You might be surprised. The chief designers will be on a good wage, but otherwise it's not a particularly well paid job.
The only people making big money will be the executives.
But again, I don't think that's relevant to the lawsuit at all.
Really no one can see that there's something really wrong here?
Try looking at it from a different point of view. There are people on these forums that make original designs of characters, furniture, etc. AJ Jefferies' characters are the first ones that spring to mind.
If somebody here saw one of those, modelled it themselves (not entirely accurately), and starting making money by selling it, would you see anything wrong with that?
It's not really any different, other than BMW are a huge company and should have better things to do with their time and money than this.
I am with Wilyman here. In all honesty I wondered why this wasn't already the case. In ArchViz or Architectural Photography you already can't portrait a handful of buildings without written permission.
In the end I don't think BMW will win and I also don't support this because it makes things even more complicated BUT like Wilyman said it is not unreasonable of them to do so.
Depending on laws on the matter, an architect wanting to show a branded vehicle in his/her renders should contact the maker and ask for permission to do so, or the use of such IPs is already flagged as free (say, kitchen appliances, furniture, light fixtures and so on.).
From theory to policeable practice there's clearly a huge gap, but that doesn't mean IPs have become public domain, all of a sudden.
In theory, when you buy branded content from a provider, it's the provider's job to make sure to have the rights to sell the item, and the buyer inherits the ability.
What gives, apparently, in this suit, is that there was never a request for permission to sell (the IP, clearly) from turbosquid, which in turns voids the guarantee of free use for the buyers (which could sue TS as well, in theory.).
Depending on laws on the matter, an architect wanting to show a branded vehicle in his/her renders should contact the maker and ask for permission to do
that is quite absurd as he woudl also have to call the kitchen appliance manufacturer, floor companies etc.
it really is absurd situation.
i understand turbosquid shoudl have asked permission from BMW but thats where i ends. For BMW its a for of presentation they dotn have to pay for in the end.
But if it really gets this far in the future, then its almost ideal business plan to setup a lawyer firm working on behalf of the producers sueing every freelancer nad studio around and making big bucks :-/
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