Thursday, November 20, 2008

Copyright Issue: Are Photos of Cars the Property of the Car Maker?

Toyota is asking a website to take down any and all photos of their cars. As Jalopnik points out, this doesn't seem legal:
The automaker clearly owns the car images it created, such as press photos and catalogs. However, Toyota loses some authority over these works when they disseminate them tot he public at large. But let's ignore that for a moment and focus on the other side of content — works created by individuals of Toyota products owned by individuals. An automaker doesn't posses the copyright far a painting of a Toyota Camry produced by an individual and uploaded to the site. They don't have the copyright on an image of a Toyota as shot by someone else, like this shot of someone's personal Highlander.

Toyota Fights Web Site To Take Down User-Generated Desktop Backgrounds

So the question posed here is does Toyota have any legal right to request this? It isn't a full-blown official thing, but it's still troubling.

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