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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 29 Sep 2012 (Saturday) 10:49
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Illegal Use of Image on Ebay

 
aquaforester
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Sep 29, 2012 10:49 |  #1

Mods I have a similar thread under the title "Using Pic on Ebay" but I didn't put Illegal in the title so I wanted to be clear with the thread was about. So if you want to delete that thread, please feel free.

Anyway I noticed a large ebay vendor using one of my images to sell with. Not only are they using my image, but they are competing against me for the same product with my own image.

Other than reporting the listing are they're any other options available to me.


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scorpio_e
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Sep 29, 2012 22:32 |  #2

Did you register your copyright? If yes then you are fine and can take legal action.


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Dan ­ Marchant
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Sep 30, 2012 05:02 as a reply to  @ scorpio_e's post |  #3

Alternatively close this thread given that your question has already been answered in the other thread.


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aquaforester
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Sep 30, 2012 05:17 |  #4

@scorpio_e
Unfortunately I did not, if registered now how would the date affect the situation?

@dan marchant
I already discussed why I opened this thread and invited the mods to close the other one. I appreciate your responses in the other thread, but please don't derail my thread my telling me to close it. I'm looking for additional answers and points of view.


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davtackett
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Sep 30, 2012 08:48 |  #5

I had that happen. I complained and he removed it. Then some time later he used it again because the photo was what was selling his items (someone told me). I complained again and he refused to remove it. So I went through ebay, had to join some group that watches out for infringed photo rights, and once that was done, which was easy, I could get any photo removed that I saw was in violation. I also asked a question on his listing, "if your bait is so good why don't you get a photo of your own big fish instead of using my photo?" and I think that killed his sales because he quit using it and started selling something else.


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aquaforester
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Sep 30, 2012 09:24 |  #6

davtackett wrote in post #15060524 (external link)
.. So I went through ebay, had to join some group that watches out for infringed photo rights, and once that was done, which was easy, I could get any photo removed that I saw was in violation. I also asked a question on his listing, "if your bait is so good why don't you get a photo of your own big fish instead of using my photo?" and I think that killed his sales because he quit using it and started selling something else.

Thanks, that's very helpful. What is this group you joined?


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moose10101
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Oct 01, 2012 08:56 |  #7

davtackett wrote in post #15060524 (external link)
I also asked a question on his listing, "if your bait is so good why don't you get a photo of your own big fish instead of using my photo?" and I think that killed his sales because he quit using it and started selling something else.

The seller actually posted your question to his auction? You know that's not automatic, right?

BTW, was it VERO that you signed up for?




  
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aquaforester
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Oct 05, 2012 12:47 |  #8

I just got the info for VERO, so I'm going to sign up for it. eBay seems very lacking in this area.


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Motor ­ On
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Oct 05, 2012 12:55 |  #9

Here's a link with similar info, direct from ebay if someone else finds this thread in a search:
http://pages.ebay.com/​help/policies/image-text.html (external link)

And make sure you opt out of the product Catalog stuff if you haven't already:

The product catalog may include, at our discretion, select seller-generated images or photos from seller listings. Unless the seller opts out of this program, the inclusion of such seller-generated photos in the eBay product catalog and the use of catalog content by eBay sellers in their eBay listings is authorized under the User Agreement.

And a link to their UA: http://pages.ebay.com …icies/user-agreement.html (external link)


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aquaforester
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Oct 05, 2012 13:04 |  #10

@ Motor On - Thanks for the info and links.

So a seller can't use another seller's photo, but ebay has the right to include a seller's photo in their catalog for use by other sellers who might be competing directly against you. Wow what BS!

I'll make sure I opt-out (who's even aware of that), but really


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Sitting ­ Elf
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Oct 05, 2012 14:31 |  #11

Just a quick note on "registering"....

Your copyright is active whether you register the photo or not. The difference is in damages. If not registered, all you can claim is fair value. If registered, you can also be awarded damages and legal fees. Can be a HUGE difference.

Also, you would have to register that photo as "published" since you already used it commercially (advertising your product). Not a big difference from unpublished, but there are some factors that have to be taken into consideration.


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aquaforester
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Oct 05, 2012 16:02 |  #12

Sitting Elf wrote in post #15084152 (external link)
Just a quick note on "registering"....

Your copyright is active whether you register the photo or not. The difference is in damages. If not registered, all you can claim is fair value. If registered, you can also be awarded damages and legal fees. Can be a HUGE difference.

Also, you would have to register that photo as "published" since you already used it commercially (advertising your product). Not a big difference from unpublished, but there are some factors that have to be taken into consideration.

Thanks, so if I register the photo not only "published" but also after the other seller has already used the image does that change damages, etc. since it wasn't registered prior?


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ljason8eg
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Oct 05, 2012 17:19 |  #13

VERO works pretty well and get shots taken down fast. If you want to pursue legal action against someone who has infringed on your copyright you can fill out a form and get their personal information from eBay as well.

The sad part is, so much of this stuff goes on even with people being vigilant when they see their own work being used by someone else. Take someone like this seller: http://www.ebay.com …rom&_nkw&_armrs​=1&_sop=10 (external link)

He's stolen some of my NASCAR work before, and all those photos he's currently selling aren't his. Most belong to big agencies like Getty and AP, but they likely have no time to pursue stuff like this.


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Sitting ­ Elf
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Oct 05, 2012 17:22 |  #14

Go to the ASMP site where they have a full explanation of all the copyright laws as they pertain to photographers. Great info.

http://asmp.org/conten​t/registration-counts (external link)

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Oct 06, 2012 07:24 |  #15

Send him a paypal invoice for photographic services used, x dollars per day (or listing).


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Illegal Use of Image on Ebay
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