May 25, 2009
Nightfall has been up to no good! We got an email from a photgrapher the other day. And No! we are not going to tell you who, we told you we dont name names. It stated that we were illegally using a photo of Levi. So thats the reason it has been removed if anyone has noticed. We sincerely apologise for our fuckup. We dont know whether this constitutes bad form or not, but if so then we apologise for that to....in advance. He was real nice about it, but we found it kind of amusing, so here is the correspondance if anyone could be fucked reading it. Oh and its pasted so it will make more sense if you start at the bottom.
"Commercial use" does not mean the sale a picture, but rather the use of a person's likeness to endorse some product or service. Fundamentally MySpace is a social networking website. Personal use of the image by Levi for social networking purposes does not constitute endorsment of a product or service. If (name ommitted) decides to use them he did so with my consent. I have nothing against you and fully support homegrown businesses. I acknowledge your support of the local BMX stars like the Levi's and David. You have other images on your site which are excellent stylistically and technically. The small low resolution image in question can be removed without any impact to your site.
Thanks for your consideration.
whoa, this taking photos stuff sounds like pretty serious business huh?, didnt know we had to ask anyone for permission to use photos on levis myspace except levi, who said it was sweet, so in theory it should be sweet because you told him he could use the photos, and now he has and now they are on nightfall cause he rides for nightfall, make sense? and what exactly constitutes a commercial website anyhow? myspace seems pretty commercial to me, anyway, whatever, well take em down, we dont want to upset budding photographers, cheers
The photo of black Levi doing the flair. I told him he could use the photos. (I have also given verbal permission to (name ommitted) to use the photos). Reuse of the photos for a commercial website without permission is a different story. I am happy to provide authorised use of that photo or others by myself if it is requested.
what ? are you fucking joking ? or are you serious ? which photo ? please do tell ! we got them off his myspace , which is public property bascily, any tom dick and harry can get on there and save them , maybe you should be telling levi that that you own photos of him, oh wait, you mean white levi ? if so, then he emailed them to us and told us to put em up, if thats a problem then you are going to have to talk to levi or tell us what we need to do to resolve this situation, like removing them or putting your name under them or something, i dunno, let us know what ya wanna do
"Sole rights to the photos are retained by the me with regard to one of Levi's photos. Permission has not been provided to use the photo taken from a "Rotorburn" forum linked to my Flikr web page. The disputed use of one of these photos is not authorised by the copyright or myself, the intellectual property owner, or the law. This information is accurate and that I am the copyright owner of this photograph."