Holy Ed Roman!!!!!

[Lewguitar]

Re: Holy Ed Roman!!!!!

If someone published your work, even if you had no interest of making money from it, you can sue him. AFAIK.

How you gonna prove lost income?

You can sue anybody for anything. Want to pay a lawyer $100 - 300 an hour and lose? Go right ahead. I'm sure you'll find a lawyer to take your money.

Doesn't mean it's going to be worth the bother or that you won't be opening yourself up for a counter suit.

 

[JohnnyGuitar]

Re: Holy Ed Roman!!!!!

It's not about losing income - it's about gaining income on your account... if you bought the guitar, took the picture, and published it - you have the right for your property. If someone uses the photo without your permission - it's copyright infringement. I know of suites on the same topic that people did win...

Dude, it's like Jay and Silent Bob and Banky that took their characters and made money out of it... :smokin:

 

[Aceman]

Re: Holy Ed Roman!!!!!

It's not about losing income - it's about gaining income on your account... if you bought the guitar, took the picture, and published it - you have the right for your property. If someone uses the photo without your permission - it's copyright infringement. I know of suites on the same topic that people did win...

Dude, it's like Jay and Silent Bob and Banky that took their characters and made money out of it... :smokin:

I agree - the best you could hope for was that he sold a boatload of guitars like that, and that the buyers would say "The picture inspired/motivated them to buy" then you definitely helped him make money...so a little marketing fee is due. But again, I doubt it would be exorbitant. Maybe a standard photo session fee or something.

Like I said - you'll 'win' on principle. Don't know that you'd make any money.

 

[BTMN]

Re: Holy Ed Roman!!!!!

He didn't take food from my mouth, but the thought of someone of his caliber selling EVEN one guitar because he used my photo pisses me off. It's not about money or if I can sue him. I just dont like him doing it.

Now IF he had a gallery that was labeled 'Guitars I Found On The 'Net' and posted stuff as strictly a gallery that might not be so bad in the end. Irritating given his rep but... It's the "I'll take this guy's photo, show it, and say I will make you one aspect that bugs. Well, build one like it first, and take a photo of it not mine. :banghead:

 

[dominus]

Re: Holy Ed Roman!!!!!

My take on this is.. Ed Roman has been doing this stuff for years. He knows where the legal boundaries are, and what he can get away with.

Read the instrument reviews on Harmony Central. There's a reason he doesn't sell on E-Bay, his feedback rating would be tanked.

 

[DazH]

Re: Holy Ed Roman!!!!!

all I can say is, this guy is a total p**ck

 

[jmh151]

Re: Holy Ed Roman!!!!!

I'm a lawyer. If someone came to me asking to sue Ed Roman over this, I'd be honest and tell them to think twice, especially once I advise them of what the estimated legal bill would be to make sure what they hope to win is worth the cost in attorneys fees.

To me it's better to be honest with the client and keep them happy as a potential return client rather than trying to collect money from a client that feels ripped off.

 

[WoodyTone]

Re: Holy Ed Roman!!!!!

No matter what we all want to think, there's no such thing as an implied copyright. There's no copyright on anything unless that copyright is enforced. If you don't enforce it the first time you're aware of the breach, you will have a harder time enforcing it down the line (just ask Fender and Gibson, among others).

Suggest the op sends a note to the Roman folks and ask them to take the pic down, and retain a copy of same. Not much else there that I can see.

I am not a lawyer but have been a publisher and have dealt with this!

 

[Zerberus]

Re: Holy Ed Roman!!!!!

If someone published your work, even if you had no interest of making money from it, you can sue him. AFAIK.

AFAIK you are correct, but as there has been no damage actually caused to you it will likely cost more than it´s worth.

We are all just speculating though. Aren't there any real blues LAWYERS on this forum?

I´m kind of surprised all the PRS players haven´t chimed in, too :laugh2: :beerchug:

 

[JohnnyGuitar]

Re: Holy Ed Roman!!!!!

AFAIK you are correct, but as there has been no damage actually caused to you it will likely cost more than it´s worth.

Yeah, it was all just speculations. Now that we have a lawyer's opinion I'm on the "just send Ed Roman a letter" camp... :sad:

 

[tnvol]

Re: Holy Ed Roman!!!!!

Whats the scoop Gene? Did you call him?

 

[BTMN]

Re: Holy Ed Roman!!!!!

Not ready to kick that dawg yet. :eek5:

 

[Rich_S]

Re: Holy Ed Roman!!!!!

I can't believe this has gone on nearly a week adn four pages of thread, when it's so freakin' simple. 1) You have a copy right. 2) You HAVE to protect it. 3) He's not allowed to use your picture without your prermission.

That's it.

Send him a letter, now. Tell him he must stop using your picture right away, and request a thorough accounting of exactly how many such guitars he has received orders for.

Stop stalling and do it, before your copyright is lost for good.

 

[BloodRose]

Re: Holy Ed Roman!!!!!

One thing Gene, you have a sweet axe.. Dont let this situation tarnish your feeling about the guitar. Quite opposite, take pride in the fact that it is special enough to catch the attention of Ed so that he would want to pirate it.. I mean, no excuse for his action, but the guitar is Bad A..

 

[jeremy]

Re: Holy Ed Roman!!!!!

i just approved a new member "ed roman"

im going to go make popcorn now

 

[GuitarDoc]

Re: Holy Ed Roman!!!!!

Yes - and you win. And be awarded $1 because the inability to prove damages. And pay $$$$ for the process...

+1 Aceman. You have to prove that you have experienced some loss due to his actions to receive any compensation. You can, however, require a cease and desist if there is no agreement/contract to print your picture (esp. if he is using it for personal gain).

However, it is kinda cool to see your guitar in "print" isn't it? (haha)

 

[uOpt]

Re: Holy Ed Roman!!!!!

Just because there is no concrete damages you aren't allowed to violate copyright. Otherwise we'd all be allowed copy around books that are out of print.

There is definitely money in here, and it is not from a court and a judge. It is from a fresh out of college lawyer, a letter and a settlement.

 

[scottish]

Re: Holy Ed Roman!!!!!

Ed Roman makes the worst "Fool" SG copy I've ever seen and to hear him talk about it he went through labors of love to get every color exact and blah blah blah, That copy he makes comes no where, and I mean NO WHERE close to the original, the colors aren't right, the angel looks ugly and he should be ashamed of himself posting pictures of celebrities using different Fool guitars and trying to pass them off as his copies. and if anyone tries to stop him from painting them, he starter in 1983 so he's grandfathered in......

Check it out if you haven't seen it, $5,000. you'll laugh! check out the photoshopped picture of Eric Clapton playing one during the Cream Reunion!

http://www.edroman.com/guitars/gibson/fool.htm

Is it just me....or does this pic from the ed roman site, depicting one of the cream reunion shows, look like the SG has been really badly photoshopped into erics hands? I didnt think clapton played anything but a strat on that tour. I remember reading about how he was thinking about bringing back the gibson but it just didnt feel right.

 

[uOpt]

Re: Holy Ed Roman!!!!!

Is it just me....or does this pic from the ed roman site, depicting one of the cream reunion shows, look like the SG has been really badly photoshopped into erics hands? I didnt think clapton played anything but a strat on that tour. I remember reading about how he was thinking about bringing back the gibson but it just didnt feel right.

Why would you say that?

Oh that's right.

Because there is the shape of a Stratocaster under the SG.

But that doesn't mean it's fake.

Eric Clapton would never touch black Stratocasters.

 

[dominus]

Re: Holy Ed Roman!!!!!

Is it just me....or does this pic from the ed roman site, depicting one of the cream reunion shows, look like the SG has been really badly photoshopped into erics hands? I didnt think clapton played anything but a strat on that tour. I remember reading about how he was thinking about bringing back the gibson but it just didnt feel right.

Considering that they didn't even do a good job at blending out Blackie's outline.. I'd say it was MSPAINT, and not Photoshop.