Ebay: Someone used my picture? :(

[Not so Dumbo]

It doesn't matter if the pic is copyrighted or not. Report it to ebay and they will remove the whole auction. This happend to me also earlier this year.

 

[TheButlerDiditt]

Oooh, this burns me... I have a website dedicated to the artwork of the Clue board game (www.TheArtofMurder.com) and I see my pictures on eBay all the time. I always send the seller a message saying I really liked the pictures they used - then put my name and my website address from which they stole my pictures. Most of the time, they just say something like "thanks," not picking up on my subtle passive aggression.

 

[LisaNJ25]

Here is a good one for you.

My friend just got an email from another ebayer chewing her out.

My friend purchased about a dozen kids jackets heap at the end of last season. She has been listing one at a time for a few weeks now.

Someone else tole her pics and auction work for work and listed the same item. The other sellers jacket went off for a much lower price and she emailed her winner telling her sorry.. but the jacket was no longer available.

The buyer was searching ebay and came across my friends auction. She is now accusing my friend and this other seller of being the same person... and how she is reporting her to ebay for relisting it and not selling it to her. My friend is in the us and this other seller is in Canada . So my friend email this woman to explain the other buyer stole her listing and that she has been listing them for a few weeks now. This buyer basically told her she was full of it and than she was going to report her to ebay and get her banned.

Meanwhile my friend email the other seller and chewed he out for copying her pic and listing.

I hope that all just made since..

 

[disneysteve]

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

It isn't hard to tell at all. I take my pictures against a backround set up in my basement. I crop and edit the photos to my liking. I would have no trouble at all identifying them.

By the way, it is perfectly fine to contact a seller and ASK to use their photo. I've had people ask me, and once or twice I asked someone else. I've always said yes, as have the people I've asked.

 

[grlpwrd]

When I first started out on ebay I didn't have a digital camera so I used to take the pics and then have them put on disc. I had sellers adopt many, many pictures of mine, but I didn't mind if they asked and used it after my auctions. Yes, it's copyright, but competition makes it my business.

Now I just embed my ebay username in each photo. I also have disabled the right-click ability to copy my picture, but even with that there is a way for people to get around it.

 

[jessica52877]

I know how much work it is to take a nice picture and pictures make the difference, so I understand the frustration.

I have seen mine used before, auction wordings and all, but I guess I just don't get worked up over it. Mainly because I don't have the time to search and see who is copying what or to edit every single one of my pictures. I think of it as a compliment and go about my listings! If I had the time or didn't list much I would probably get a bit more upset over it. I have learned with time not to let the small things in life bother me.

BUT still doesn't make it right! And especially irritating when the auction is running at the same time!

 

[jwfla422]

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?

You're darn right it has everything to do with us doing all the work and not getting "compensated" for it. DO YOU LIKE TO WORK FOR FREE?? MANY people make a living selling on Ebay.

AND NO, it doesn't have to do with "PEOPLE" thinking their pictures and descriptions are "ALL THAT"...it has everything to do with the TIME it takes SOME OF US to make these listings. I do my listings in DREAMWEAVER and link my photos to a website. Not only does it take time to set up the listing but linking the photos also takes a lot of time. And for someone else to just come along and right click on my auction and copy it or even copy the pictures that took me a lot of time to take and crop and sharpen in Photoshop is EXTREMELY RUDE & SELFISH and it's just plain stealing. Luckily a fellow ebayer gave me a script to add to my auctions that will disable the right click of a mouse now.

It also has everything to do with trying to get a higher price for our listings, that's why some us take the time to make them look good as this is more marketable to a potential buyer. As a buyer I'd much rather see clear photos of the items I'm buying, not blurry, wrinkled clothing. And, why should I spend $$ on Ebay to list things and not want to get as much as I can on them?? I think I got my point across here.

 

[DMRick]

You're darn right it has everything to do with us doing all the work and not getting "compensated" for it. DO YOU LIKE TO WORK FOR FREE?? MANY people make a living selling on Ebay.

I'm with you. It takes me time to set up and take my pictures. I use vendio, and it sometimes costs me if they actually steal my pic by connecting to my vendio picture. If they do that, I ask them to remove it. If they don't, I just replace my picture with the words..all shipping free, and sent 24 hour express. That gets that picture down fast.
Otherwise I report them to ebay.

 

[cherielln]

I'm an ebay veteran (since 98) and sometimes people do stuff like that when they don't have a camera themselves or when they're just new and don't know it's not cool to do. I've looked at their feedback rating and if they are indeed new I've sent them a message giving them the heads up that if they are serious about ebay and want to have a positive feedback rating then they need to consider doing it differently. They've always been really nice in response.

I'd be really ticked though if their actions were costing me money.

 

[plummer925]

Aside from the copyright issue (which there IS one...my husband is a professional photographer - ALL photographs and ALL writings have AUTOMATIC copyrights on them!), the other issue I have with this is:

The person with the stolen photo is passing that item off as their own - that's fraud. They are selling an item, yet using a photograph of another item altogether. Sure, they MIGHT be identical, but what if it's jeans and there is a hole - the photo doesn't show the hole.

The person stealing the photo is committing fraud and is a thief. I would definitely report them. Some may disagree, but it IS against ebay's policies to do what they did.

How is it that some rules are "grey areas" and some are black and white? ALL rules need to be followed...it angers me when people do this. I personally also think ebay should pull auctions that people use stock photos (i.e. a photo of a generic computer from the Dell site to sell their Dell - newbies might think that's the computer they're getting)....

 

[kendrafitz]

Luckily a fellow ebayer gave me a script to add to my auctions that will disable the right click of a mouse now.

That is awesome, I didn't even know that was possible. Can someone let me know the script so I can do this as well?

 

[RachelEllen]

I personally also think ebay should pull auctions that people use stock photos (i.e. a photo of a generic computer from the Dell site to sell their Dell - newbies might think that's the computer they're getting)....

I don't think Ebay has a problem with stock photos, as they're automatic listing service uses them. I sell used DVD's all the time. They are always listed as "used - in original packaging." When you list them, Ebay asks for the ISBN number and then pulls up an ad + stock photo for you. I think people realize that they are not getting the actual DVD pictured.

Now for stuff like clothing and collectables, that would be a problem. But for things where the "look" is secondary, like DVD's and computers, I think as long as the desciption is complete and accurate, the use of a stock photo is not a problem. (Assuming that the picture is a stock version of the exact item, of course!)

 

[lost*in*cyberspace]

It doesn't matter if the pic is copyrighted or not.

Once again, as someone else and I have already stated, ALL images are automatically protected by copyright.

Luckily a fellow ebayer gave me a script to add to my auctions that will disable the right click of a mouse now.

This script is completely useless. It is extremely easy to defeat; even I figured out how to do it. It's easier just to watermark your images (put your user name on the photo), even though that doesn't always prevent image theft.

If you don't care if someone STEALS your work product, fine, but if you steal mine, I will report you every time.

Plus it's not exactly honest to use a photo of an item which is not really what you are selling, is it (stock photos provided from eBay excluded)?

 

[kendrafitz]

It's easier just to watermark your images (put your user name on the photo), even though that doesn't always prevent image theft.

I know I sound completely useless, but how do you watermark the images? I have seen it done, and I've always wondered how to do it.

 

[wendyl]

I'm with you. It takes me time to set up and take my pictures. I use vendio, and it sometimes costs me if they actually steal my pic by connecting to my vendio picture. If they do that, I ask them to remove it. If they don't, I just replace my picture with the words..all shipping free, and sent 24 hour express. That gets that picture down fast.
Otherwise I report them to ebay.

Now that's AWESOME!! I like that approach

 

[wendyl]

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?

Personal pictures are just that--personal. Taking one without asking and trying to pass it off as your own--is just wrong and boldly rude. I have a large inventory, and it takes a GREAT deal of time to find good lighting, set up my items one by one, take several pictures, decide on the best one, save them to my computer, upload them onto my ebay listings--and then edit them to look just right. How can anyone NOT think its rude for another seller to say...."Wow--I'm too lazy to get that item out and do all the work taking pictures this other seller did--I'll just steal their picture and pass it off as my own and THEN list it along with theirs and use it to compete against them." Good grief---if you're going to steal my pictures--at LEAST have some shread of decency and wait until my auciton ends before you use my picture to compete against me.

My listing would be a whole lot easier and faster if I didn't have to take so much time picturing my entire inventory when it comes in--and just steal someone else's---but that would be so totally unfair to the person who did the work--not to mention dishonest---that I don't do it.

 

[momamy]

i had my picture stolen once by a powerseller! you can report them and have there auctions removed!

lol i knew it was my picture cause it was a picture of my dd!

Also make sure there not linking from your photohost! that can kill your bandwith!
Amy

 

[DMRick]

i had my picture stolen once by a powerseller! you can report them and have there auctions removed!

What difference does it make if it's a powerseller? No one should be using someone elses pictures. Being a powerseller is no big deal. You could sell one expensive item a month and be one. I don't find I have anymore clout being a powerseller, vs not being on.

 

[ExPirateShopGirl]

Copyrights exist at creation; i.e., the moment you have taken the digital photograph, you have the right of its exclusive use. Your best friend can stand in very same spot as you, point her camera in the same direction and snap the same picture. She did not violate your copyright, she has now created her own copyrighted photograph.

One doesn't have to 'prove' damages for injunctive relief under copyright protection. One has the right of exclusive use. Period.

By the way... watermarking your photos is the best deterrent.

 

[momamy]

What difference does it make if it's a powerseller? No one should be using someone elses pictures. Being a powerseller is no big deal. You could sell one expensive item a month and be one. I don't find I have anymore clout being a powerseller, vs not being on.

i agree. i worded it wrong! I am still in shock someone whos supposed to be a leader in the ebay community would stoop to stealing!