Kenda Tyres / Tires response to photogate
2.12.10 by Buffalo Bill
Received this by email yesterday, but haven’t had a chance to get to it until now.
My thanks to Ben Anderson of Kenda for getting back to us.
Below is the email that Ben sent me in full:
First, let me say I applaud that you outspoken advocates of the bicycle messenger/courier community for standing up for one of your own. Were all cyclists as vocal as yourselves, cyclists and cycling as a whole would be less marginalized in the US and other countries. Additionally, I understand your umbrage with the possible notion that one of your own has been taken advantage of. This was certainly not the intention of Kenda USA when we purchased the image of Mr. Creacy from www.shutterstock.com
In April when Mr. Hilliard contacted Kenda regarding this issue, he conversed with Stefano Lumbaca, the Director of Road Marketing for Kenda USA. At this time, Mr. Hilliard (and Mr.Creacy by way of CC’ed email) were notified that Kenda USA had in fact purchased rights to use the image, and that should Mr. Creacy have any issue with his likeness being sold, it would be in his best interests to address the issue with Shutterstock. Additionally, Stefano apologized and extended the invitation for Mr. Creacy to contact him via email; in particularly because Kenda USA was in the process of developing a tire specifically for the track/fixed gear bike community and wanted to offer him the opportunity to be a prototype tester. Furthermore, Mr. Hilliard responded with his thanks, and CC’ed Mr. Creasy, and ‘stepped aside’ so that Mr. Creasy could take over the conversation. Below is the actual email exchange:
From: Corey Hilliard [mailto:firstname.lastname@example.org]
Sent: Friday, April 23, 2010 8:46 AM
To: Stefano Lumbaca
Subject: Re: Use of likeness without permission
Thank you for your prompt response. I am cc’ing Marco our correspondence.
Shutterstock. Wow, who knew?
Anyway Marco plays bicycle polo. (Marco… Polo..) He could test some tires there too. It’s the next big thing. Well actually, it’s massive now. I am stepping aside and you can discuss the prototype/testing stuff with Marco. Like I said, all around good guy just feeling under appreciated. Show the guy some bike love…
Thanks for your time.
Corey the Courier
On Thu, Apr 22, 2010 at 10:08 AM, Stefano Lumbaca
Our apologies to Marco however Kenda has purchased the rights to use the picture from Shutterstock, so we are not really sure of what is going on, however and I’m sure that if there is any problem Marco can direct his complaint with them, also please have Marco contact me via email directly Kenda is developing a specific track/fixie tire for bike messenger and commuting purpose and I can use someone like him for tests, we are only at the beginning of the project and it will take several months before I will have prototypes and or production models ready, but I’m sure that he will appreciate the opportunity to be one of the first to evaluate this tire.
Thank you for contacting us for this matter.
Road/Cyclocross Marketing and Product Development
Now, whether or not Stefano or Mr. Creasy were expecting the other to make the next contact at this time is an irrelevant issue, the offer to work together was out there. It is interesting that Kenda USA has never heard from Mr. Creasy as to whether or not he is unhappy with his likeness being used.
Again, I applaud you all for standing up for one of your own, but perhaps in this instance, you are standing up for someone who doesn’t want or need to be stood up for. According to the terms of service at Shutterstock, in instances where the photograph contains a recognizable face, the photographer is supposed to have obtained the consent and a signed model release.
Do your images have model releases?
Yes. In instances where photos have recognizable faces in them, those people have signed a model release which is on file in the Shutterstock offices. Some Editorial photos may not be model released. These Editorial photos will be indicated as such, directly below the photo.
I understand that since the image of Mr. Creasy is in a Kenda USA ad and also on the Kenda USA website, your irritation regarding this issue is directed at us; however I have to ask whether or not any of you have contacted the photographer? Facebook page or website.
Contacting the photographer or not, I thank you all for your time, and again extend the invitation to Mr. Creasy to contact either myself or Stefano regarding the offer made back in April.