copyright question about derivative getting copied back.

[screenracer]

Hello, I am located in NC and I have a question about an art piece I made about 18 months ago.

I am an CG artist that is also a fan of nascar. I have done several contacts for companies associated or teams of NASCAR. In 2010, NASCAR announced that the Mustang and Charger would race in the Nationwide series. Chevy did not plan to run the Camaro and even announced that it had no plans to do so. Pat Suhy, GM Racing's NASCAR group manager, said they would not use the Camaro because they wanted more control over the body past the wind shield. So I decided to create my own concept version. I created a Nascar with a Camaro inspired theme.

Late July this year Chevy unveiled it's new 2013 Camaro for nascar. It looks almost identical to the concept I created 18 months ago.

I am guessing that my work is a derivative since I used the street version of the Camaro as inspiration. But should I look into this? If so, where should I start? Because overall I am not sure what to think. On one hand I am honored to have something I made be used, or inspired to be in NASCAR. But at the same time, feel a bit ripped off for not given any credit.

Thank you for the help.


Notes:

Comparative image of my art and the new 2013 Camaro.
http://3dautosports.com/camaro/camaro_vs_camaro.jpg

Also covered by an automotive blog: http://jalopnik.com/5930191

Chevy stating they have no plans to use the Camaro: http://www.nascar.com/2010/news/features/06/14/cup.car.models/index.html

 

[FlyingRon]

We're talking about an actual car design here?

The first issue is did they copy your work or did they just happen to come up with something similar having started from the same original platform?
Copyright only prohibits copying YOUR work. It doesn't stop someone from independently developing the same thing.

The next hoop is your work, derivative as it is, able to be protected by copyright at all. Frankly, the whole point of NASCAR is to have cars that look
(albeit loosely) like the original vehicle. Adapting a existing car design to the NASCAR format hardly sounds like it's protectable by either party.

Frankly given what a Camaro looks like and what things are immutable in NASCAR (wheelbase, tire sizes, spoiler design, hood securing, windshield....I used to be a NASCAR official)
you take all that away and frankly the things that are left in the two pictures provided don't look anything near the same. All the parts that are discretionary appear different.

Ideas, concepts, designs are all not copyrightable. Only their expression.

Frankly, I think Carroll Shelby (bless his late soul) as a bigger complaint against them than you do.

 

[screenracer]

Thanks for the reply. I figured that there was not much I could do about it. And I am a fan, I don't want to start anything that would hurt anyone. Even if someone from Chevy saw this and said, "hey that looks good, lets make it". A thank you and some free swag would have made me happy.

Oh' well. Thank you again.