Club Obi Wan

I just recently found out that this jrzjoe guy has a link to one of my youtube whip cracking videos on one of his eBay pages, and he's using it to help advertise his whips. He also has pictures on his page of people hanging on their whips from trees, with text below them saying something like "two people can hang/swing on this whip." I actually started getting questions sent to my YouTube account asking questions about these whips and advice on what to buy!!!

What should I do? Obviously I don't want to look like I'm affiliated with this guy - especially after seeing the one gentleman's whip here, broken in half (wasn't that a jrzjoe?)!

I've already added some notes to the video he has a link to, which now states that the whip is made by Paul Stenhouse and that I'm not affiliated with jrzjoe.

But is there some way I can make him take off that link?

Shane

I would message him through the Ebay message link and tell him to remove the link to your video. If he refuses then I would take it up with the Ebay Trust and Safety Division. They regulate seller practices.

Charles

McFly,

Send him a message saying, basically, "cease and desist". Then also send a message to eBay saying he is using false, unauthorized advertising media - your video! It's been my experience that eBay will also send him a "cease and desist" message...
(What wearp said...)

If that doesn't work, send him another message saying he'll hear from your lawyer to recover monies earned using your video as adverting... That usually does it...!

Whippedguy

I would contact him directly and politely request he remove the link since the video is being used without your consent. If that fails you can try reporting him to eBay, but I couldn't tell you exactly how they might handle it.

Members on The Clubhouse (a garage kit forum) have repeatedly had the same problem; unscrupulous recasters posting photos in their auctions that they've found on the 'Net and are using them without permission. Most of these vendors simply remove the photo and/or replace it with another once they've been contacted by the person who "owns" the photo, but there are the occasional hard-cases who don't understand (or don't care about) why they can't use someone's photo (or video, in your case) without their permission.

Good luck!

Edit: Yeah, what they said. (I really need to learn to type faster...)

So eBay CAN take action if he refuses to after I speak with him? That's good to know...

I'll send him a message right now, then! I wasn't sure there'd be any way to enforce it if he didn't listen to me, but you 3 have bolstered (no pun intended) my confidence a little.

Thanks,
Shane

How's this sound? I tried to be pretty firm. I don't want anybody thinking this stuff is mine!!!

Jrzjoe:
It has come to my attention that you currently have, on one of your pages, a link to a YouTube video in which I am seen cracking my bullwhip. As you are probably aware, you and I are not associated with each other and I am not using one of your whips in the video. However, this is NOT made clear on your page, and as such, *I* have been recieving questions regarding your whips. Please **remove** your link to my video within the next week or I will refer the matter to the eBay Trust and Safety Division.

Regards.
Vanquish738 / IndyMcFly

Yeah? Whaddaya think? Too much?

Shane

sounds good. as a consolation, i can make him a video if he sends me one of his whips......i'll do a fire whip video where i set it on fire....and then lay it on the ground while i crack my morgan in the background

:!:

Here is how I might write it (that is if you haven't already sent it):

Jrzjoe:
It has come to my attention that you currently have, on one of your pages, a link to a YouTube video in which I am seen cracking a bullwhip. As you know, you and I are not associated with each other and none of the whips used in the video are of your making. However, this is NOT made clear on your page, and *I* have been recieving questions regarding your whips. Please **remove** your link to my video IMMEDIATELY or I will refer the matter to the eBay Trust and Safety Division.

Regards.
Vanquish738 / IndyMcFly

It's just some minor editorial changes, but you get the gist.
Cheers and good luck.

Franco

Hopefully the guy will just cooperate, but this does beg the question about how YouTube clips are utilized. They are on a public domain more or less, is there any agreement or terms of use that specify if the videos can be used by anyone? I think where he is in th wrong is that he is using it to help sell something.

I'd just shoot him a message and ask him to remove it, then take it to Ebay.

Shane,

To add to what Broad Sword said, I don't think there's any real stipulation that makes videos posted by you tube users solely their videos for use as only they see fit. Unless you're uploading copywritten material and you're the copyright holder, there's not a whole lot you can do aside from what you have done, which is alert the IG community.

The videos are public domain as far as I know, and you put them there. I'm pretty sure the user agreement for you tube had some kind of warning in it (when I read it many moons ago) about how your videos could be used by anyone once you uploaded them, and that by uploading content, you agreed that nothing could be done to you tube if someone else uses your video somewhere. The only exception to this rule was copywritten material, which you tube always removes at the copyright owner's request.

Ever notice how ABC or NBC upload clips of the Tonight Show or David Letterman to you tube? That's copywritten, but they hold the rights, so you tube doesn't delete the content. Now, if someone were using one of their videos to advertise something without obtaining permission, then bada bing. ABC/NBC/whoever would have all sorts of legal room to be all over that person like a cheap suit. Unfortunately, your uploaded content isn't/wasn't copywritten, so there's not a lot of rights you have, other than the right to get the word out and to be upset.

There's also a setting on Youtube where you can disable anyone using your video externally/off the site.

Well, he's not embedding it though - he's just got a link to it. Maybe there's nothing I can do to stop him from having that link up, but at least I have a note on my video saying that he's not involved with me.

Shane

Snakewhip_Sable wrote:There's also a setting on Youtube where you can disable anyone using your video externally/off the site.

You've got a point, Snake, but someone could still post a link to the video instead of just posting the HTML code for the video itself. The only way to prevent other people from using your videos is to disable embedding, and make all your videos private so that only your selected list of you tube friends can view them.

Your video is Copyrighted (the second it's created it's protected)...but once you put it on youtube anyone can link to it since that aren't copying it, just pointing people to it. And as long as you have the option selected to let anyone embed it then there is nothing you can do about anyone embedding it.

If you want to be a booger, you could edit you video to have you giving a little disclaimer about how you wouldn't recommend his whips...that would make him take it down pretty quickly!

You could also take the video down then reupload it and it will have a new web address. Then people following the link will get a "video not found" page....until he finds it and changes his link...then you change your link...

One last option is to use Google Video instead of youtube and use thier "unpublished" option and your video won't show up in any search results. So to see your video someone will have to know the specific URL to watch it.

hope that helps,

Louie

http://bullwhips.org

Can you update a curren video? if so, add a disclaimer to the beginning of you video for 3 seconds.

Disclaimer wrote:Notice: I do not endorse or use jrzjoe's POS whips. For quality whip makers, see indygear.com/cow. Thank you and now on with the bullwhip cracking already in session.

That'll make him stop linking to your videos.

Play a joke on him, make a new video saying how much his whips ****.

Hello McFly!
If i were in your shoes, i would skip the part of asking that guy politely to remove the video, i would go directly to eBay staff and tell them that he's making advertising with your videos and even if those were good whips... but they ARENT! :evil:
Greetings and i hope that he removes your video immediately!

-Alfonso

HDRnR wrote:Play a joke on him, make a new video saying how much his whips ****.

I like this idea. But do it as a spoof, like saying how great they are and have the one you're holding just unravel i nyour hands. Then act embarassed and signal the cameraman to shut it off.

louiefoxx wrote:Your video is Copyrighted (the second it's created it's protected)...

Really? That's not something I was aware of, though I'm not questioning the validity of your statement. I just figured that if that were the case, no one would ever bother to get something copywritten in the first place. Where would the incentive be? I don't know copyright law up and down, though. How does that work?

I know that's the case in Canada, but registering a copyrite legal protects the original author of the idea/scheme/invention/fil/et cetera against infringement. It's the proof of date is all.

HDRnR wrote:Play a joke on him, make a new video saying how much his whips ****.

Well, I might consider doing something like that (although less harsh...lol), but I don't want to get into any mudslinging. I'd rather he just take the link down so people don't think I'm selling them the whips.

I'm not out to ruin his business or stop him from making money. I just don't like the idea of looking like I'm working with somebody who advertises that 2 people can swing on his whips. Yes, I made my own video about swinging on whips, but that video now has text to say that it's fake and not recommended, and I came out and said so. I don't want people ruining their whips and thinking I'm responsible!

Thanks for the tips, though guys. We'll see what happens. I've sent him the message and he has about 6 days left now.

Shane

In the US, as soon as something is written down, it's protected by copy right. Registering it makes it easier to prove should you need to defend it.

I'm no sure how it works with videos, but it's probably similar. However, in this case, Junior isn't violating copyright. He's not infringing on your material. He's just trying to associate himself with your mad skillz.

The US Government's copyright website is written is a pretty easy to understand language http://www.copyright.gov/ and something everyone should read and understand if you are in a creative industry.

For example one ebay seller say's they can't call their whips Indiana Jones whip because of copyright...but they are wrong, you can't copyright names or titles, you have to trademark those.

However since JRZJOE isn't reproducing your youtube video by either linking to it or embedding it, then it's not a violation of copyright. He's just telling people where it is.

xoxo

Louie
http://bullwhips.org

If you could slightly alter your video at the beginning saying that you're using a whip from Paul Stenhouse (just a text block or title card), then that might be easier and quicker.

Yeah - that's what I've done for now - there's a little text block that stays up the whole time saying it's by Paul, and there's a text block at the beginning for like 5 seconds saying I'm not affiliated with jrzjoe. I still think I'd like it it taken off though...

Shane

At least now, it's proof that you're not using a jrzjoe whip. Hopefully this will get resolved soon.

Well, the link is down now, and he's got a new video up.

We won!

Shane

myrddin wrote:

HDRnR wrote:Play a joke on him, make a new video saying how much his whips ****.

I like this idea. But do it as a spoof, like saying how great they are and have the one you're holding just unravel i nyour hands. Then act embarassed and signal the cameraman to shut it off.

like the infamous Home Shopping Networkvideo of the "samurai swords" in which the guy is banging one of the swords on the table, saying how tough they are, and the blade breaks and hits him in the chest. talk about irony.

Thats good to hear McFly. This guy must really be scumbag. His marketing is underhanded and using someone else's work to sell his product is morally reprehensible. Glad you got this resolved.

Dave