Is This An Ethical Business Practice??

[kingtin]

just a thought you said sea trialling it . had you actually payed for it yet if not than your a quest . which wouldn't give you much to stand on .

Doesn't matter a jot. If they didn't take the picture, then they have no legal right to reproduce or alter in any way, without permission from the person who took it. They also need to complete a model release form giving permission from any person in the picture, as they appear to be using it for monetary gain (advertising or otherwise).

kev

[Mindi]

Nice boat Peter...wish it was mine..........of course its unethical IMHO...if I could possibly work it into the thread topic I would give you my recent experience with one of the big banks to put this into some perspective.........but it really would be a lonnnng way off topic even for me.

[Lucky_Phill]

The topic is a question and it relates to the " practice " and not really the business as such.

Without going back to old posts and opinions etc.... we should keep the answers / opinions, if you have any that relate directly to the topic.

That is..... " is this an ethical business practice "?

IMO< it can be summed up in one of the following words.

NO. or YES. or MAYBE.


LP.
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[Scott nthQld]

OK I was a bit confused there for a minute, just to clarify, that is not YOUR advertisement on Boatpoint, but Fisher Mk2's ad for a new boat package?

Firstly, how did Fisher Mk2 get their hands on the photo's?

Depending on that answer and the legality of the 'hostile takeover' is whether it will be ethical or not, ie, were those photo's given to Col (Fisher Mk1) for use, and did Fisher Mk1 have permissions to use them for advertising, which has now changed hands to Fisher Mk2?

It can be very technical, and if you handed them over and gave Col S permission to use them, then its more than likely there will be a way around the whole copyright issue for Fisher mk2.


But without getting into all that sort of detail, if permission has been obtained from the original photographer then yes, quite ethical, but has you have indicated, no permission was given to Fisher Mk2 so, definitely not the right thing to do, let along leaving all the identification on both vehicles (car and boat)

[Steeler]

Unethical,YES.

[peterbo3]

just a thought you said sea trialling it . had you actually payed for it yet if not than your a quest . which wouldn't give you much to stand on .

Oz,
Actually I had paid for it. That is why it is hooked up to my Landcruiser. So I don't think I was a "quest" or did you mean guest.
But this is not about Col or the original Fisher boats. It is about the business ethics or lack thereof shown by Fisher Mk2.

[bennyboy]

peterbo3
There is one simple question
Who actually took the photo?

If it wasn't you there is nothing unethical about it
If it was your photo how did they have the photo and why did they have it?

[bluefin59]

If these people are doing SO well ,why arent they using photos of the many they supposedly produce Yes very unethical...matt

[Three08]

I haven't read all the reply's yet so this may have already been said. Them taking the pictures down is not enough, they were using your work for financial gain without your permission, if it was me that took the pictures they would be finding themselves in court.

[firstlight]

So define ethics, Fisher 2 putting a photo on the net saying you can purchase this boat package for a recommended price or origin removing Fisher stickers off Fisher products and loading them with origin stickers suggesting they built this product and as a demo you can purchase this product through orinin even tho the product provided was originally built by Fisher....Ethics ... Hmmmm

[MikeyS]

As to whether their conduct is illegal, it's fairly well summed up here. There are quite a few issues- copyright, privacy (not that it exists in this context), Trade Practices

http://www.artslaw.com.au/legalinfor...hersRights.asp

I'd give you my legal opinion but you might not like it. And it would only be worth what you pay for it.

As to whether it's ethical, well, who cares? Karma has a way of working these things out.

[peterbo3]

Hi Benny,
Some of the pics that day were taken on my camera by me, a few on my camera by my mate, & some on Col's camera by one of his mates. I sent Col some of mine & he sent me some of his, as I was on the boat & could not get on the water boat photos.
They were never used in a commercial way until now, nor was written or verbal permission given to anybody to use them.
Seeing that a number of other Fisher owners have complained that their boat pics were also used by Fisher Mk2 without permission, it would seem that Fisher Mk2 enhanced their ads with whatever they could find in the office.

[finga]

Ethical or not, legal or not you'd think they'd be able to put more up to date pictures up in their advertisements.
Early 2008 makes the pictures 2 years old.
You'd have thought the boats would have been upgraded in the last two years with all the promises of better boats been produced given by Fisher over that period of uncertainty that's known as the 'take-over period'??

Or you could simply look at it as a compliment.
You could say my boat is the best boat Fisher has produced in 2 years because they use it in their advertising

As a side note if Fisher MkII thought it was legal, and if they took ethics into account, when they used the old pictures why did they take the boat name off, delete the car, trailer and boat rego numbers and blurred the peoples faces??

[andoland]

If the business owns the plans to manufacture this model of boat and if they own the right to build this model of boat and if they own the right to sell this model of boat, why is it unethical for them to display a picture of what the finished boat looks like?

I don't know about your specific case but in some cases when you purchase goods or services the sales contract has a clause giving the business owner the right to use images of the product for their purposes, such as advertising and promotion.

In any case you can look at it from Finga's point of view - your boat is so good it is worth showing.

[SNAPPERCOFFIN]

So define ethics, Fisher 2 putting a photo on the net saying you can purchase this boat package for a recommended price Col took those photos of many of the boats on Fisher Mark2 website so I am guessing he owns them also some of the photos on there are of boats he built and designed as Fisher Boats or origin removing Fisher stickers off Fisher products and loading them with origin Origin Boats have not removed any stickers of Fisher Boats and replaced them with Origin stickers Owners have contacted us to ask for them as Col built and designed them in fact we have had to order more from such a big demand owners can put whatever they like on there boats stickers suggesting they built this product Col did build and design them and as a demo you can purchase this product through orinin Origin boats look nothing like the fisher more moden in design have you seen them ? In fact you may notice a lot of second hand fishers on the market I had only ever seen 2 in 5 years of building them now there are atleast 8-10 many owners selling there Fishers and buying Origins because they like the look of the Origins even tho the product provided was orininally built by Fisher....Ethics ... Hmmmm

Fisher Boats doesn't exist anymore so who are Fisher Boats at the Tinnie and Tackle Show don't see Fisher Boats Australia talk about Ethics bit of a play on the name. Also have you even met Col you were not tied up in anything of this you bought your boat of Fisher Boats Australia so maybe one day when you may meet Col you can thank him for designing a nice boat for you.