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.

CZAR CLARKE AT IT AGAIN!!

Ill be honest: It's getting to the point where the lack of attention I'm getting is annoying. I've written every friggin blog I could, as well as newspapers and City Council members about how Clarke is trying to take away freedoms by tracking purchases of Cigarrettes, Beer, and Sharpies, but it's constantly ignored. So when he tries something big, it FINALLY gets noticed. I just wished people would actually listen to me sometimes.

Ranting aside about that, lets get to the point: CLARKE IS AT IT AGAIN!

No longer content with simply tracking your purchases and banning "offensive" images, he now wants to personally oversea where restaurants go. I'll simplify the bill for you; If you have a take-out restaurant, then your going to be zoned just like if you were a strip club! In order to get a variance from the city, you would need to talk to your City Council rep. And, oh look, Clarke is in control of half of Center City! Namely, the WESTERN HALF! Considering that means everything west of City Hall, the business district and the places where the most revitalization has happened, it's obvious that this bill is here to make life hell for anyone running a business.

Credit where's Credit Due, City Council President Anna Verna is also sponsoring the bill.

If your mad as hell about this, WRITE CITY COUNCIL:

1st FRANK DiCICCO Dicicco-1st-District@phila.gov
2nd ANNA C. VERNA verna-2nd-district@phila.gov
3rd JANNIE L. BLACKWELL blackwell-3rd-District@phila.gov
4th CAROL ANN CAMPBELL cambell-4th-district@phila.gov
5th DARRELL L. CLARKE Clarke-5th-district@phila.gov
6th JOAN L. KRAJEWSKI krajewski-6th-district@phila.gov
7th DANIEL J. SAVAGE savage-7th-district@phila.gov
8th DONNA REED MILLER miller-8th-district@phila.gov
9th MARIAN B. TASCO tasco-9th-district@phila.gov
10th BRIAN J. O'NEILL oneil-10th-district@phila.gov

Councilmembers-At-Large
W. WILSON GOODE, JR. goode-at-large@phila.gov
WILLIAM K. GREENLEE greenlee-at-large@phila.gov
JACK KELLY Kelly-at-large@phila.gov
JAMES F. KENNEY Kenney-At-Large@phila.gov
JUAN RAMOS Ramos-at-large@phila.gov
BLONDELL REYNOLDS BROWN brown-at-large@phila.gov
FRANK RIZZO rizzo-at-large@phila.gov

Also, feel free to buy some Czar Clarke Merchandise. I would love to make some cash off his incompetence!

http://www.cafepress.com/larrysshop/4278795

An Open Letter to City Council

Dear City Council Member:

I am writing to you today in regards to three bills that will be presented tomorrow at the City Council Meeting by Councilman Darrell Clarke of the 'Licenses and Inspections' Committee. These bills are:

Bill No.: 070875 - The bill that would track sales of cigarettes and beer.
Bill No.: 070876 - The bill that would track sales of spray paint, indelible markers, and etching acid.
Bill No.: 070914 - The bill that would ban showing the image of a burning cross, noose, or swastika in public.

I am asking you to NOT pass these bills!

These three bills would limit the civil rights of the citizens of Philadelphia and impose unnecessary barriers in order to fight crime and racism, respectively.

These bills would allow the Government of the City of Philadelphia to violate the right of privacy to buy beer and cigarettes without having the government know. At the same time, tracking the sale of indelible markers would also include tracking when you bought even a Sharpie marker. What, exactly, is the point of that? Considering the large number of Sharpies sold in the City of Philadelphia, along with Spray Paint, it seems that tracking each and every sale will not lead to a crackdown on crime and being able to catch the criminals, but instead a backlog of useless information that seems more intent on harming the public rather than protecting it!

For those reasons alone, I am asking you not to pass Bill's 070875 and 070876.

As for Bill No. 070914, this bill has one intent and one harmful side-effect; in an effort to defeat racism and protect everyone, the First Amendment Right to freedom of expression is hampered! While the bill specifically state that it would be forbidden to show them with "intent... to incite violence", what that covers is a very large area. In essence, some forms of these symbols are meant to incite anger and hatred, but sometimes also to think. Would a teacher discussing racism being arrested for showing these symbols to provoke a reaction from their class to show them racism is wrong? Would someone wearing a shirt showing a Swastika to show their disapproval of something they see as fascist be banned as well?

The First Amendment is called into question with Bill No. 070914. While I understand and agree with the intent, we already have Hate Crime laws in effect doing the same thing. For a municipal government to create laws such as this is a step in the wrong direction and, in my opinion, a step toward limiting freedom and rights.

I urge you to NOT pass these three bills! They do not seek to help Philadelphia and Philadelphian's, they only exist to impose more useless legislation and barriers in a society built on freedom that slowly seems to be loosing them.

I thank you all for your time and consideration into this matter, and wish you a wonderful fay, the bet of luck in your meeting, and a happy holiday season!

Sincerely,
Larry West

Darrell Clarke STILL Hates Your Civil Rights!

Saw this in the Metro Blog today, Thanks! More on it tomorrow!

It's been, in no short terms, a weird day. I woke up to protest against Darrell Clarke's bill. The idea for the protest was very simple: Clarke wants to ban being able to display nooses, burning crosses, and swastikas in public. Being a fan of the First Amendment, as well as belonging to the Comic Book Legal Defense Fund, a First Amendment group, I oppose it with every American bone in my body. It doesn't mean I entirely agree with these symbols, but at the same time, let's consider that the Swastika alone has a VERY long history of non-violence before the freakin' Nazi's bastardized it.

Here is the proposed Bill No. 070914.

So to protest, the plan was to draw these three symbols. Not just "draw" them, but make them interesting and put them into some cool contexts. I won't lie, it wasn't a well thought-out plan since I had no clue what to draw and no signs to tell people why I was out there. Plus, I didn't know the Christmas Tree lighting ceremony was tonight, so they were getting that done while I was out there as well.

The best part? On the subway ride to City Hall I came up with an idea based on the Anthrax song "Startin' Up A Posse". In it, Scott Ian sings about how Censorship is a cancer, and goes against what America stands for. The entire song is just a cartoony rip and tear of Tipper Gore, and I decided that that was the best way to go with this protest.

Now, my plan was to not only show the picture, but also make flyers to hand out at City Hall WITH the drawing on it, and explain why it was done and what you could do if you felt the same way about censorship as me.

Now, I learned that two other measures he wants (Both which would create electronic tracking of beer, alcohol, spray paint containers, indelible markers and etching acid) are on the docket FOR THE SAME MEETING!

Bill No.: 070875 - The bill that would track cigarettes and beer:
http://www.hallwatch.org/councilnotices/bills/1192803462538

Bill No.: 070876 - The bill that would track spray paint:
http://www.hallwatch.org/councilnotices/bills/1192803462937

The meeting is scheduled for Dec 5, 2007 10:00 am at Room 400, City Hall from the Licenses and Inspections Committee.

Now, I'm sure that a LOT more people agree that all of these measures are, well... INSANE! Czar Clarke, this isn't Oceania and we are not the Proles from Orwell's Nineteen Eighty-Four! This is the USA in 2008, Councilman, and before you decide to take more rights away from us and start tracking up like cattle, realize a few things!

1. WE ALREADY HAVE HATE CRIME LAWS! Your entire proposal to "ban" these images violates the First Amendment! Not only that, but anyone with some basic legal knowledge knows that it is incredibly difficult to prove intent, and in a case like this, where you can not always tell the intent of an artist who uses any of these symbols, your are going to cost the city millions in lawsuits!

Councilman, why create a new law that can hurt the city to create this awareness that this is already a crime to do in order to commit hate? There is hate crime legislation already that covers this!

2. WE ALREADY CHECK IDS! Clarke's legislation to "electronically scan ID's" come down to tracking these legal purchases. There are already laws in effect to make sure that this doesn't happen, so why the extra move? Why track law-abiding citizens?

In essence, everything Czar Clarke wants is MORE government in your life! Is that what you and I need?

What we NEED, Councilman, is more ENFORCEMENT OF EXISTING LAWS! We need to make sure that the citizens of Philadelphia are aware that we do have these laws. Your selective laws and enforcement (I can only suspect your behind the recent run of shut downs of First Friday) have hurt Philadelphia and continue to do so!

If YOU oppose these ideas just as much as me, feel free to contact him:

5th DARRELL L. CLARKE
Clarke-5th-district@phila.gov