- April 24th, 2007, 5:20 pm#23200
Take it from someone who knows the I.P. law a little better:
Sean should protect himself by ensuring that those who wish to purchase, rent, or use his Ecto will do so at their own risk, and not for profit. He should draft an agreement and have it signed.
While for the most part, you are right in arguing that Sean does not make a profit, and therefore, he is relieved of liability, there are certain circumstances where he may be held accountable.
When the other guys use his car in the video and gain a profit from it, both Sean and the other guys are liable for copyright infringment. It matters not that Sean was letting one borrow it, because nevertheless, his car is being used for a profit. The legal argument behind it is that "but for" Sean's production of the car, profit from its use does not occur.
My guess, in this situation, however, is that the rapper will indeed pull the car from the video and therefore, Sean will be relieved of any liability.
Also, as a side note, by having someone sign an agreement according to the terms I mentioned above, Sean may not be completely relieved of liability. While Columbia could still go after Sean, Sean would retain the right to seek damages in the amount of the judgement taken against him by Columbia (or more). In essence, he would be able to file suit against the signor of the agreement for breach of contract.
B.T.W. Hi guys, I'm a new supporting member to the site!!