Ebay: Someone used my picture? :(

[cseca]

I don't know where to put this question. If it needs to be moved, please feel free.

But someone used the picture I posted for ebay on their listing.
Is there anything I can do about it?

Thanks so much!

 

[cats mom]

Lets see if this works
This link should take you to the page that talks about item description or picture theft.
Just scroll toward the bottom and click on report and enter all the info.

http://pages.ebay.com/help/policies/vero-image-text-theft.html



I've caught people copying my listings a couple of times, reported them and e-bay pulled their auctions. It does take a few days though.

Good Luck

 

[tinan]

Yep.....report it to Ebay and their listing will be taken off!

 

[Schachteles]

You can report it to eBay...I guess I don't really get that worked up about it...as long as the picture is not copyrighted it is hard to have too much basis to complain.

 

[lost*in*cyberspace]

I guess I don't really get that worked up about it...as long as the picture is not copyrighted it is hard to have too much basis to complain.

I do not think that you understand how copyrights work. Any text I write, any image I create, etc. is automatically protected by copyright. I don't have to do a thing. Using other people's images or text without permission is STEALING.

OP - You have every right to be annoyed. Report this person to eBay, but don't expect them to take any action before the auction ends.

 

[jwfla422]

I had someone not only duplicate my picture but my listing almost word for word and you bet I was angry and reported them! Why should I do all of the work making the listing and then someone else puts up the same item that will compete with my listing and uses my photo and layout?? It sure is copyright infringement. You don't have to own a copyright to them for them to be protected under a copyright law (I've taken biz communication courses )

If someone wants to do that they need your permission. I would charge them a fee for the time it took me to set up the listing and take the photos.

Well, since then, I do all of my photos with my ID name across the photo somewhere. I haven't had a problem since-would look pretty stupid with my user ID name on someone else's listing

BTW-Ebay did end their listing.

 

[Tiffer]

You can report it to eBay...I guess I don't really get that worked up about it...as long as the picture is not copyrighted it is hard to have too much basis to complain.

You certainly can report it to E-Bay and if it bugs you that much you should certainly do it. Personally, I wouldn't, I don't think it's a big deal. But to each their own!

 

[corndog]

I do not think that you understand how copyrights work. Any text I write, any image I create, etc. is automatically protected by copyright. I don't have to do a thing. Using other people's images or text without permission is STEALING.

OP - You have every right to be annoyed. Report this person to eBay, but don't expect them to take any action before the auction ends.

While I agree completely with your legal analysis, I, too, don't understand why people get worked up about this. Is that people think their pictures and descriptions are so wonderful that they'll get a higher price, or is that it's just not "fair" that you did all the work and they didn't? I've been on both sides and never thought anything of it. From a legal perspective, how would you quantify the damages? Maybe you have a good argument that it's cost you profits if you're selling the same item over and over again, but if it's a one and done, is there a legal argument for damages?

 

[Tiffer]

While I agree completely with your legal analysis, I, too, don't understand why people get worked up about this. Is that people think their pictures and descriptions are so wonderful that they'll get a higher price, or is that it's just not "fair" that you did all the work and they didn't? I've been on both sides and never thought anything of it. From a legal perspective, how would you quantify the damages? Maybe you have a good argument that it's cost you profits if you're selling the same item over and over again, but if it's a one and done, is there a legal argument for damages?

I don't think it its a damages issue, they just pull the listing. Who would bother to pay the court fees?

 

[ladysoleil]

While I agree completely with your legal analysis, I, too, don't understand why people get worked up about this. Is that people think their pictures and descriptions are so wonderful that they'll get a higher price, or is that it's just not "fair" that you did all the work and they didn't? I've been on both sides and never thought anything of it. From a legal perspective, how would you quantify the damages? Maybe you have a good argument that it's cost you profits if you're selling the same item over and over again, but if it's a one and done, is there a legal argument for damages?

It depends, if it's a one time deal I don't get worked up about it, but if I have multiple items that I plan to list again, I certainly do get annoyed. The other thing that ticks me off is if both listings are running at the same time, the original and the stolen photo. Most auctions sell better with a photo, so by stealing yours, your thief is competing for the same business.

 

[kendrafitz]

I would definately report it to ebay. It is picture theft and against ebay regulations. However, it takes ebay quite a few days to remove the stolen picture. I have had this happen numerous times and it really annoys me b/c I sell multiples of the same items. I take a lot of time making sure the product looks good in the picture and it is ridiculous that not only does someone steal my hard work but also that I am competing basically against myself (especially if text is stolen as well).

 

[pbnjrockette]

Maybe this is a stupid question but how do you know a picture is stolen?

 

[tarheelmjfan]

I'm in the camp with those that don't really see the harm. I can understand someone not wanting their entire auction duplicated. I suppose someone could possibly mistake one seller for another. I really don't see the harm in a picture being used by someone else though. How many different ways can a picture be taken? That's a compliment to you photograpy abilities. I'm obviously not as into pictures as some are though. I remember the guy who went insane, because someone on the Restaurant Board used one of his pics. in their review.

 

[DisneyMommyMichelle]

i too don't see the harm, but once again that is just my OP.

 

[tarheelmjfan]

It depends, if it's a one time deal I don't get worked up about it, but if I have multiple items that I plan to list again, I certainly do get annoyed. The other thing that ticks me off is if both listings are running at the same time, the original and the stolen photo. Most auctions sell better with a photo, so by stealing yours, your thief is competing for the same business.

I just reread this. Are you saying that the person who uses someone else's photo doesn't have to pay the photo fee? If that's the case, I can see why a seller would be mad.

 

[cseca]

....The other thing that ticks me off is if both listings are running at the same time, the original and the stolen photo. Most auctions sell better with a photo, so by stealing yours, your thief is competing for the same business.

Yeah, that's pretty much why I'm a little bit peeved.
Thanks everyone for your help!
I didn't know there is such a thing as picture theft on ebay.
Guess I learn something new everyday.

 

[ladysoleil]

I just reread this. Are you saying that the person who uses someone else's photo doesn't have to pay the photo fee? If that's the case, I can see why a seller would be mad.

No, but if they didn't have a picture (and didn't steal yours) they would be less likely to have their item sell. Ebay insists (and I think it's likely true) that items with pictures tend to sell better than items without. Therefore, if they are swiping your picture, they're upping the chances of attracting bidders to their auction, by using your photo to "advertise" their item.

I'm not saying I'm a brilliant digital photographer or anything, but it does take time to take a few shots of the item, photoshop them to balance the lighting and show the details in the item, crop to the proper size, and upload it. And then someone comes along with a litle "right click", and lists it so it's running against my auction and competing with me? I'm not happy about that. The thing is, if the person asked me, hey, can I have the photo when your auction is done, I'd be fine with it. If you're going to steal my photo, at least have the courtesy to wait until my auction is over, I mind less that way.

 

[ladysoleil]

Maybe this is a stupid question but how do you know a picture is stolen?

Usually it's goofy stuff like, "hey, that's my couch" in the background.

Someone swiped one of my photos once, I forget what it was, but I put the item on the bed and I was holding it up. I recognized my hand and the bedspread. I know my wedding ring when I see it.

 

[MCazer]

I have actually emailed the person under the ASK SELLER A QUESTION, and have said something like... "Gee, I have the same auction listed, and the same wording, and btw, that looks like my countertop! HMMM.... please don't use my auction photo/description, it takes me a long time to do this, and its not right."

Most times, they email back with an apology, and change it. I have never actually notified ebay about it though.

 

[cseca]

Usually it's goofy stuff like, "hey, that's my couch" in the background.

Someone swiped one of my photos once, I forget what it was, but I put the item on the bed and I was holding it up. I recognized my hand and the bedspread. I know my wedding ring when I see it.

LOL!!!
Not exactly my couch, but I posted my auction and when I searched for mine the other auction came up right above me.
Both pictures exactly the same... either they stole my picture or there's some weird universe mumbo jumbo going on.