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Copyright lawsuits are difficult and expensive. He needs to prove damages, but doing so is likely more than the cost of the work. It's why so few do anything about it. It's one thing to share with credit b/c you think it's cool and you're just fanning the flames of ADV passion. It's another if the photographer asks you to remove it or simply to buy the licensing to the image b/c it's part of a paid ad campaign. I'm sure BMW has a team of lawyers that would jump someone poo if the tables were reversed.

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I still follow Tim (despite him not following me any longer :() and saw that photo then on BMW's page as well.  I'm in the same boat as you being an amateur picture taker but if he specifically told them no, and has record of it, he should be entitled to proper compensation.  This does seem to be a stick situation but my initial though is hey I just re-posted a photo that benefits my company and it's a great shot.

Will be interesting to see where this goes

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1 hour ago, Rapid Dog said:

Ask Motorrad for some free stuff...at least ;)

Yeah, at least they could arrange the clutch to be fixed (or pay the company that is fixing it at no charge right now) and fix the front-end of the bike. It'll make for better pictures of the GS in the future which in turn they can use for marketing again. Paid this time of course.

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  • 1 month later...
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What is the collective CRF? 
Why would your engagement be so much lower seeing you are involved so heavily with the riding community? Maybe it's a different demographic or age group or something?

Excellent question. First, avg engagement is just 1% and we were at 2 I think? Also, we are big ADV bikes and CRF is all small bike. We also posted a vid with no specs so not as high of engagement. What blew me away was how this same vid went viral on FB for us.
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Humbug!

So this floss dance thing is something I decided to make into a contest on the IG feed

 

I did it because this particular video got quite a few views, likes and comments the first time I posted it; thus people found it engaging.  Personally, I found it funny.  Dancing is something uniquely human and represents feelings of joy, fun, artistic expression, etc...  And this floss dance in particular seems to be something a lot of kids are doing which I find cute (I'm a dad and have two kids).

Apparently not everyone agrees!  I've had a few quite over-the-top negative comments and I've had to ban a few people from the IG feed and one from Facebook for their vile comments.  This is nothing new really; there's always someone out there with a bad attitude about something.  That's okay.

But here at XLADV I've always tried to be light, humorous, fun, positive, etc... and have strictly policed the kind of negativity and criticism you'll see quite common on other forums (AOLrider) and social media.

So if you find you don't like something, that's perfectly okay.  You don't have to like everything you see here or life in general.  But stick to your mom's advice of "if you don't have anything nice to say, don't say anything at all."  Or you can simply say "I'm just not a fan of this floss dance thing."  

But if there's one thing I can promise you it's that humbugs are not welcome here.

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On 19/04/2018 at 6:32 PM, Bryan Bosch said:

Copyright lawsuits are difficult and expensive. He needs to prove damages, but doing so is likely more than the cost of the work. It's why so few do anything about it. It's one thing to share with credit b/c you think it's cool and you're just fanning the flames of ADV passion. It's another if the photographer asks you to remove it or simply to buy the licensing to the image b/c it's part of a paid ad campaign. I'm sure BMW has a team of lawyers that would jump someone poo if the tables were reversed.

Actually no, he had recourse and does not have to prove damages, well he does but still they used his work. Even if he does not sue them, the damages to them through social media is quite a bit as an unethical slime ball company. 
BMW actually did sue a photographer for selling a photo with their bike in it and the logo visible. They claimed the bike is their property type stuff :D

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39 minutes ago, michnus said:

Actually no, he had recourse and does not have to prove damages, well he does but still they used his work. Even if he does not sue them, the damages to them through social media is quite a bit as an unethical slime ball company. 
BMW actually did sue a photographer for selling a photo with their bike in it and the logo visible. They claimed the bike is their property type stuff :D

He has to prove he lost money as a result of the photo being used or that BMW made money using his work. In the US, there is also statutory damages, however, only a person who has registered a work with the U.S. Copyright Office before the infringement (or within three months of publication) may receive statutory damages.  Of course, with BMW being a multinational, it's even further complicated and highly likely not worth pursuing by the copyright holder economically.

That's why I said that these cases are difficult at best for most copyright holders. And, while BMW might be getting a bit of backlash on social from a limited number of riders, I'd bet that just about no one that wants what they have will not buy it over this. Not defending BMW at all, just the fact of the situation. At the very least, they should comply and apologize. But, I wouldn't hold my breath.

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1 hour ago, michnus said:

@Eric Hall you are kidding?! People got upset over the floss dance? What possibly could offend them? Dear lord it is as harmless fun as eating grass :D

It was just comments ranging from "not moto related," "tired of this meme" to nasty stuff attacking the people in the post.  Out 80k followers I'm sure there's some bad apples but this case was particularly bothersome.

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25 minutes ago, Eric Hall said:

It was just comments ranging from "not moto related," "tired of this meme" to nasty stuff attacking the people in the post.  Out 80k followers I'm sure there's some bad apples but this case was particularly bothersome.

Might also just be the times we are in currently, people rage out on everything and have no self control or restraint. And many does not know they can just keep scrolling.;)

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  • 2 weeks later...

Just sometimes the absolute absurdity of social media and populism is leaving me with Forest Whitaker eyes and honestly leaves me speechless. So many likes for such cheesy, &%$#@!ed up photos? The photos says nothing, it means nothing. Maybe people feel they travel vicariously through these BS photos? Is the world this bloody shallow? Just makes me want to drop kick this social media stuff even more.

"Meatspace" keeping it real. :D👍

forest-whitaker-eye.jpg

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Screen Shot 2018-06-21 at 08.49.44.png

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7 hours ago, michnus said:

Just sometimes the absolute absurdity of social media and populism is leaving me with Forest Whitaker eyes and honestly leaves me speechless. So many likes for such cheesy, &%$#@!ed up photos? The photos says nothing, it means nothing. Maybe people feel they travel vicariously through these BS photos? Is the world this bloody shallow? Just makes me want to drop kick this social media stuff even more.

"Meatspace" keeping it real. :D👍

forest-whitaker-eye.jpg

Screen Shot 2018-06-21 at 08.48.47.png

Screen Shot 2018-06-21 at 08.49.44.png

I've been thinking the same thing lately. I ride, I come back, and the quick thought runs through my head, "I didn't take any pics for social.", quickly followed by, "Who GAF!" We all know that people only share a slice of any experience, and only the best of the best.  I have a Sena Prism cam on my desk that hasn't been on my helmet the last half a dozen rides and honestly, while I love the camera, I'm just not feeling compelled to have to capture everything. Nothing wrong with memories in my head and sharing with friends & family through good ol' conversation. Not anti pics or video by any means. Just feeling like it's just too much of a priority. We're so worried about capturing the moment, we're not living in and fully enjoying it. But, what do I know... Just a random thought for the Internet today. ;)

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