FlyMod for Nextbase 512GW

[Antoeknee]

Is it? Can you buy a Nike sweatshirt without the logo? Or visit an Audi dealership and ask them to remove all their branding from a vehicle?

Anyway I've no problem with the logo so can't see the issue. Guess we'll have to disagree.

 

[Gavin_G]

Tiffany, offering an older, alternative, 'logo free' version, does not excuse Nextbase if the default, latest version of the firmware contravenes the UK copyright laws, which, (according to the information from the gov.uk site that I quoted earlier), it does.
It looks to me that, according to the UK copyright laws, the Nextbase logo should not be on any version of the dash cam firmware by default, as it can only be used with the copyright holders consent, and by default, any new user cannot have given that consent.
As I said earlier, this now looks like it needs passing on to the Nextbase legal department, as it is a legal matter.

 

[Antoeknee]

Err, not a Web cam.

 

[Gavin_G]

Err, not a Web cam.

Thanks, now corrected.

 

[mac2474]

According to Tiffany, had you bothered to read the thread, no.

Rather unnecessarily rude!

 

[Simcor]

Perhaps, forwarding this discussion to the Nextbase legal department would be a better option, to check if it is legal to impose an advert on copyrighted material, without the copyright owner's permission.

Here is what it says regarding copyright infringement on the Gov.uk website:-
Question - I want to stop someone using the image I created in a way I do not approve of, or have not approved
Reply - If somebody is making use of your images without your permission, there are a number of options open to you as the copyright owner. Although you do not have to, it is usually sensible to try to resolve the matter with the party you think has infringed your copyright. This may save you time and money, and it may be necessary to show a court that you have tried to solve the matter with the other party. Mediation is one way of resolving an issue before starting court proceedings. The IPO offers a mediation service which can help to resolve intellectual property disputes – including copyright – without going to court: https:// www.gov.uk/intellectual-property-mediation. If you cannot resolve the matter with the other party, then going to court may be the right solution. But it would be a good idea to seek legal advice at an early stage.

I suggest you learn more about copyright protection.

It is to stop someone using your logo or branding or footage you have made without your permission.

Nothing to do with whether the footage has a logo on it or not.

You bought the camera as offered by your choice the same as most of us, like or lump it. Use the custom firmware to remove it, leave it as is or buy a different brand.

Next base has listened to feedback and have implemented a solution that works for both parties.

I've never heard so much twaddle before.

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[Kremmen]

Here is what it says regarding copyright infringement on the Gov.uk website:-
Question - I want to stop someone using the image I created in a way I do not approve of, or have not approved
Reply - If somebody is making use of your images without your permission,

But the above doesn't apply.

They, or anyone else, isn't using your image, no one has it. It's securely held on your SDCard - - unless you opt to publish it online then it's in the public domain by your own action.

 

[M8TJT]

Rather unnecessarily rude!

Perhaps it was, but I did answer your question.

 

[mac2474]

Perhaps, forwarding this discussion to the Nextbase legal department would be a better option, to check if it is legal to impose an advert on copyrighted material, without the copyright owner's permission.

Here is what it says regarding copyright infringement on the Gov.uk website:-
Question - I want to stop someone using the image I created in a way I do not approve of, or have not approved
Reply - If somebody is making use of your images without your permission, there are a number of options open to you as the copyright owner. Although you do not have to, it is usually sensible to try to resolve the matter with the party you think has infringed your copyright. This may save you time and money, and it may be necessary to show a court that you have tried to solve the matter with the other party. Mediation is one way of resolving an issue before starting court proceedings. The IPO offers a mediation service which can help to resolve intellectual property disputes – including copyright – without going to court: https:// www.gov.uk/intellectual-property-mediation. If you cannot resolve the matter with the other party, then going to court may be the right solution. But it would be a good idea to seek legal advice at an early stage.

So, in theory, by publishing your footage which displays the copyrighted Nextbase logo, are you not in breach of copyright by using their logo without their permission?

 

[Gavin_G]

But the above doesn't apply.

They, or anyone else, isn't using your image, no one has it. It's securely held on your SDCard - - unless you opt to publish it online then it's in the public domain by your own action.

Publishing anything online does not remove copyright protection, and it does not make it public domain, this is a common misconception. Copyright can exists with the creator of a work for up to 70 years after the creator's death, (this will vary from country to country).

 

[Gavin_G]

So, in theory, by publishing your footage which displays the copyrighted Nextbase logo, are you not in breach of copyright by using their logo without their permission?

Possibly true, but by Nextbase forcing their logo on to the creators work, this means that it would not help if Nextbase decided to object against any work containing it, and it would mean that nobody would be able to use their dash cam footage, so nobody would buy their products.

 

[Gavin_G]

I suggest you learn more about copyright protection.

I quoted an item earlier, taken from a gov.uk website, explaining UK copyright law in relation to how it applies in similar circumstances, so I have taken the trouble to research this carefully, and only post information that comes from reliable sources, perhaps you should do the same.

 

[Simcor]

So, in theory, by publishing your footage which displays the copyrighted Nextbase logo, are you not in breach of copyright by using their logo without their permission?

Not in theory or in practise.

Next base have given their consent for their logo to be on the footage by including their logo watermark. There is actual written law and implied law.



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[Simcor]

I quoted an item earlier, taken from a gov.uk website, explaining UK copyright law in relation to how it applies in similar circumstances, so I have taken the trouble to research this carefully, and only post information that comes from reliable sources, perhaps you should do the same.

Then you need to do more homework. You own the copyright to the footage you film, not whether it has the brands logo on it or not. You can't apply a law to how you see fit. Law is very black and white mostly.

Quite frankly your making yourself look daft. If you really think that your correct go and see a solicitor that deals with copyright law and get laughed out of their office.



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[Gavin_G]

Then you need to do more homework. You own the copyright to the footage you film, not whether it has the brands logo on it or not. You can't apply a law to how you see fit. Law is very black and white mostly.

Again, from the gov.uk website regarding copyright law.
Quote - Question - I want to stop someone using the image I created in a way I do not approve of, or have not approved
Reply - If somebody is making use of your images without your permission, there are a number of options open to you as the copyright owner. Although you do not have to, it is usually sensible to try to resolve the matter with the party you think has infringed your copyright. /Quote.
So if a Nextbase user does not approve of Nextbase inserting the Nextbase logo on their images, and therefore making use of their images without their permission, then Nextbase must be infringing the user's copyright.
This seems pretty clear to me, but that is why I suggested forwarding this discussion to the Nextbase legal department, just to see what they think, as advised in the above Q & A
A simple way around this would be for Nextbase to include an option for users to select, if they accepted the use of the logo on their footage, but using the logo by default does not provide that option.

 

[Simcor]

Again, from the gov.uk website regarding copyright law.
Quote - Question - I want to stop someone using the image I created in a way I do not approve of, or have not approved
Reply - If somebody is making use of your images without your permission, there are a number of options open to you as the copyright owner. Although you do not have to, it is usually sensible to try to resolve the matter with the party you think has infringed your copyright. /Quote.
So if a Nextbase user does not approve of Nextbase inserting the Nextbase logo on their images, and therefore making use of their images without their permission, then Nextbase must be infringing the user's copyright.
This seems pretty clear to me, but that is why I suggested forwarding this discussion to the Nextbase legal department, just to see what they think, as advised in the above Q & A
A simple way around this would be for Nextbase to include an option for users to select, if they accepted the use of the logo on their footage, but using the logo by default does not provide that option.

Next base are not using your footage against copyright unless they upload it to their website or social media without your permission.

Just because you don't want the logo on your footage does not break copyright in any way.

You can't use law to make your case as that is not what copyright law is about.

Stopping someone using your footage without your express consent I do not disagree with, but next base are not using your footage at all by having their logo on it.

As I said go and see a solicitor and get laughed out the office, Next base legal department won't be interested in some one waffling on about a law that is not being breached in any way.

You entered into a contract with next base when you bought the camera that implies you gave consent to the watermark logo, you also have been given an option to remove it yet you still ramble on about copyright law, implying the wording to fit your case when it doesn't.

Copyright law means someone cannot take your work and pass it of as their own or use it for nefarious purposes or use it without your permission.

You still don't get it at all, either use the custom firmware to remove it or don't and stop waffling on trying to make a mountain out of a molehill.

I repeat again your just making yourself look silly.

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[Simcor]

Again, from the gov.uk website regarding copyright law.
Quote - Question - I want to stop someone using the image I created in a way I do not approve of, or have not approved
Reply - If somebody is making use of your images without your permission, there are a number of options open to you as the copyright owner. Although you do not have to, it is usually sensible to try to resolve the matter with the party you think has infringed your copyright. /Quote.
So if a Nextbase user does not approve of Nextbase inserting the Nextbase logo on their images, and therefore making use of their images without their permission, then Nextbase must be infringing the user's copyright.
This seems pretty clear to me, but that is why I suggested forwarding this discussion to the Nextbase legal department, just to see what they think, as advised in the above Q & A
A simple way around this would be for Nextbase to include an option for users to select, if they accepted the use of the logo on their footage, but using the logo by default does not provide that option.

Nextbase are not going to give your rambling about copyright the time of day as you have no idea what you are talking about.

You clearly cannot understand a simple principle, use of your footage ( footage you have filmed) is the interpretation in law, not whether it has a logo or watermark or anything else on it.

You can watermark your videos so that they cannot be used without your express permission or have a disclaimer stating as such. Then your work is covered by copyright law meaning the person wishing to use it needs to ask your permission. What the copyright law covers depends on a multitude of factors, some things in the public domain cannot be copyrighted, dependant on where you upload something it may then become the intellectual property of the place you uploaded it to rather than you owning it anymore, dependant on the contract you signed up for with the provider of the service.

Anyway, this will be the last I say on this ridiculous argument with you as arguing with an idiot is futile as they only bring you down to their level and then beat you with experience.

 

[Gavin_G]

Simcor , I have not been disrespectful to you, I have put forward what I consider to be a valid argument for the removal of the logo, and provided relevant information to support that. You have put forward nothing relevant, only insults because you do not agree with my opinion.
Just to clarify a couple of points, if someone takes a photograph, or makes a video, as soon as they complete the action of doing that, they own the copyright, even if it is never used, or shown. There is no need to add a watermark, or the copyright symbol, or a disclaimer, stating that an image or video cannot be used without permission, the copyright law does not require them.
As you rightly say, copyright can be relinquished with the consent of the copyright holder, but in this case, images are being altered without that consent.

 

[jokiin]

Just to clarify a couple of points, if someone takes a photograph, or makes a video, as soon as they complete the action of doing that, they own the copyright, even if it is never used, or shown. There is no need to add a watermark, or the copyright symbol, or a disclaimer, stating that an image or video cannot be used without permission, the copyright law does not require them.
.

if you upload a video, and Nextbase took that video and used it in their advertising without your consent, that's a copyright issue

but in this case, images are being altered without that consent.

images are created with the logo, they are not altered afterwards, you knowingly used the device with a logo to create your content, there's your consent, not a copyright issue

 

[Gavin_G]

if you upload a video, and Nextbase took that video and used it in their advertising without your consent, that's a copyright issue
images are created with the logo, they are not altered afterwards, you knowingly used the device with a logo to create your content, there's your consent, not a copyright issue

I would disagree, if images are being altered, say by adding the Nextbase logo, it should not matter when they are altered, the fact that they are being altered, without the user's consent, is in my opinion, the breach of copyright. Someone buying a new dash cam, cannot know that the Nextbase logo is on their footage until they have used their dash cam, so they cannot have consented, and by then, the breach of copyright will have occurred.