Ebay Selller Using My Image

Wonder if anyone has any advise. I'm selling on ebay and some other seller is using one of my images. Problem is the seller is selling the same product I am and using a slightly different picture then the one I'm using in my listing. Because of this ebay won't take the other sellers listing down, since it's not the same and I can't prove the image is mine. They lifted it from an educational website that I let use it prior to thinking I would ever use it to sell with. The image was never formally registered or anything. Is there a way to prove to ebay that the picture is mine? It's pretty obviously since its so close to my image, but that's ebay. Thanks in advance for any info.

Got links to the auctions?

Why can't you show that it is the same image with an overlay of the original?

It sounds like you at least got a response out of ebay, which is more than I got when some moron stole my image of a lens for his auction (and it was the EXACT image I'd used for an auction a couple of weeks before). I was tempted to register a fake account, win the auction and then refuse to pay or some such but decided that since I didn't materially lose anything to this guy it wasn't worth the hassle.

Send ebay the link to where the guy got it from.

Does he say in his listing that the imagine is not of the actual item? Maybe post in the ask seller a question that shows up on the listing and mention that it is not a picture of the item to atleast help potential buyers.

Did you try an actual DMCA takedown notice sent to eBay, you still own the copyright to the image, and I believe they have to respond to those with action.

After that, does anyone know about taking legal action against eBay for refusing to respond to your notice?

Aus.Morgo wrote in post #16849120
Send ebay the link to where the guy got it from.

Does he say in his listing that the imagine is not of the actual item? Maybe post in the ask seller a question that shows up on the listing and mention that it is not a picture of the item to atleast help potential buyers.

He can ask the question, but it is up to the seller if it is added to the listing or not.

Aquaforester, do you have the original file for the picture they are using, and has the image been cropped at any time? If so, then just show ebay your original image as it was out of the camera. If it includes a larger area in the frame than the stolen version, then it is solid evidence that you have the original. All the other guy has is the cropped version they stole. Obviously that would be harder to use as evidence if the item is against a plain background as you could have easily cloned more around the shot. There must be some way to show that you have the original though, either that way or through the exif metadata.

MattPharmD wrote in post #16849147
Did you try an actual DMCA takedown notice sent to eBay, you still own the copyright to the image, and I believe they have to respond to those with action.

After that, does anyone know about taking legal action against eBay for refusing to respond to your notice?

+1 to this. If Ebay wont act serve them with a properly formatted DMCA take down notice.

Also was it a single shot or part of a sequence. If the latter then having the other, unpublished shots will help prove you took the one being used (as no one else will have access to the unpublished ones).

Thanks for all the feedback and support!

Just to be clear it's a product that many can sell, but my picture was helping me sell and now it's not as 'unique' since someone else is using an image that is mine and only slightly different (crop and angle). Problem with email customer support I asked if I can send them the link where they got the picture from and they don't even have the capacity to do that. All the wanted was my listing and the other seller's listing. When they looked at the two they said since it wasn't the exact same picture they wouldn't take it down and/or I need proof that it's my picture.

Sandpiper, yes I do have several versions of the picture and the original that shows a wider view, but I didn't shoot raw. So the issue is proving the picture is mine and how to get this to ebay. Does anyone know how you go about the DMCA take down. What kind of proof do you need? Do you send that to the ebay legal dept.

Dan Marchant, yes i have several shots on my hard drive all jpegs though.

Thanks again all!

This is an article written by the "Photoattorney" that so many of us respect for her help with copyright issues.

https://nppa.org/page/​5617

It includes the information of who to send it to and what must be included.

MattPharmD wrote in post #16850091
This is an article written by the "Photoattorney" that so many of us respect for her help with copyright issues.

https://nppa.org/page/​5617

It includes the information of who to send it to and what must be included.

I'll give that a good read. Thanks much!!!

aquaforester wrote in post #16850012
Just to be clear it's a product that many can sell, but my picture was helping me sell and now it's not as 'unique' since someone else is using an image that is mine and only slightly different (crop and angle).

I understand how someone could use a crop of your image but not how someone could use your image with a different angle. For the angle to change, doesn't either the camera or the subject have to move?

OhLook wrote in post #16851382
I understand how someone could use a crop of your image but not how someone could use your image with a different angle. For the angle to change, doesn't either the camera or the subject have to move?

I think the point is that in his listing he is using one angle of the shot while the other person is using another angle (which he took from website with permission to use the image). Ebay only takes the claim easily if the two images are identical.

I am hoping they will react differently to an actual DMCA takedown notice.

I'm not surprised they aren't doing anything. Yet another reason why I avoid ebay like its my ex.

MattPharmD wrote in post #16851615
I think the point is that in his listing he is using one angle of the shot while the other person is using another angle (which he took from website with permission to use the image).

But if the OP is only using image A how did this other person get image B which is taken at a different angle?