Someone stole my pictures!

[Seth=L]

That's right, someone stole my pictures. I had a classified listing here on Audioholics for a piece of equipment. An individual on eBay used those photos for an eBay auction of the same model number item. The question is, what should I do about it. I definitely don't like the fact that someone used photos I took for my own personal sale. It's also misleading because the item pictured is not what the person received. It's just plain wrong.

Below is eBay's policy about it, what do you think I should do?

eBay members are not allowed to use images—including photos and other pictures—or text they didn't create themselves. Exceptions to this policy would be if they are authorized to do so by the owner, its agent, or the law.

You can use images and text descriptions from the eBay product catalog in your listings without violating this policy. 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.

If you choose not to use photos or product descriptions from eBay’s product catalog, the best way to make sure you follow our policies is to take your own photos and write your own descriptions. This will help you avoid the risks of using someone else’s pictures or text, and you won’t need to worry about getting permission from any third parties.

Make sure your listing follows these guidelines. If it doesn't, it may be removed, and you may be subject to a range of other actions, including limits of your buying and selling privileges and suspension of your account.

 

[Seth=L]

As I understand it, this is a civil copyright infringement offense. I would be within my right to sue someone for doing this.

 

[njedpx3]

As I understand it, this is a civil copyright infringement offense. I would be within my right to sue someone for doing this.

I would contact eBay and let them ban the person from ever selling on eBay again.

You are correct you are well within your right to sue, but the hassle and expense wouldn't be worth it.

When I get my "rep" gun recharged I will throw some your way

Peace and Serenity,

Forest Man

 

[bandphan]

I know it sucks in sales but, I swipe pics off the net everyday and post them on the forum...

 

[JerryLove]

Send them (ebay) a takedown letter.

 

[Seth=L]

I know it sucks in sales but, I swipe pics off the net everyday and post them on the forum...

That's different, you aren't selling what you have pictured. Unless you happen to be selling 1 government issue toilet.

 

[Seth=L]

I would contact eBay and let them ban the person from ever selling on eBay again.

You are correct you are well within your right to sue, but the hassle and expense wouldn't be worth it.

When I get my "rep" gun recharged I will throw some your way

Peace and Serenity,

Forest Man

That's a fairly devestating thing to do. I personally am going through my own struggle with eBay at this moment because they are suspicious of how many high dollar items I've sold on a new account. They won't allow me to sell anything until I have given them reason to believe what I am selling isn't stolen. It's unfair, it's rude, and completely unexpected.

For me to try to wreck this guy's eBay would be rude and unjust, especially if I don't know the guy's situation. I admit I was upset about it a little while ago, however, the more I thought about it the more I realized how I would feel if someone killed my eBay because I used photos of something that wasn't mine. I might have a good reason for doing, like my camera broke, or I was unaware of the legality of doing it.

I've decided to send the guy/girl a message informing them they infringed and the dangers of doing so. I'm of the opinion people deserve a second chance and a fair shot.

 

[Seth=L]

I sent him/her this....

Dear g***2,

I wanted to inform you that the pictures of the Adcom GFA-5400 amplifier you sold where taken from my classified listing on AudioHolics from October. I was initially upset that you copied my pictures to use in your auction. You may or may not know that this is illegal and such an action could result in a lawsuit from someone. I tell you this because I believe people make mistakes and deserve second chances. And while I won't report you or take you to civil court, someone else might. Ebay can ban your account, and has done so to people before for doing this. Because I've had to deal with eBay unfairly accusing me of selling stolen/counterfeit merchandise I know how devastating it can be and I wouldn't want anyone to share my struggle. They closed my auctions without warning because they think I'm a thief. I'm giving you fair warning, because what eBay did to me was unfair, no one should be treated that way. So please, be careful and take your own pictures.

Best of luck to you,

a***e

 

[mazersteven]

I've decided to send the guy/girl a message informing them they infringed and the dangers of doing so. I'm of the opinion people deserve a second chance and a fair shot.

Now that's using your head and doing things the mature and calm way. Instead of flying off the handle.

But I think you should have left your own story out of it and just stuck with the infraction at hand. JMO

 

[Seth=L]

Now that's using your head and doing things the mature and calm way. Instead of flying off the handle.

I was going to ask you, how many times have you been sued for copyright infringement?

 

[deedubb]

That's a fairly devestating thing to do. I personally am going through my own struggle with eBay at this moment because they are suspicious of how many high dollar items I've sold on a new account. They won't allow me to sell anything until I have given them reason to believe what I am selling isn't stolen. It's unfair, it's rude, and completely unexpected.

For me to try to wreck this guy's eBay would be rude and unjust, especially if I don't know the guy's situation. I admit I was upset about it a little while ago, however, the more I thought about it the more I realized how I would feel if someone killed my eBay because I used photos of something that wasn't mine. I might have a good reason for doing, like my camera broke, or I was unaware of the legality of doing it.

I've decided to send the guy/girl a message informing them they infringed and the dangers of doing so. I'm of the opinion people deserve a second chance and a fair shot.

You're more understanding than I am. I had someone sell the exact same item as me on eBay and he used my pictures AND text from my ad on eBay. I was pissed, but too busy to look into the issue, otherwise I would have reported him to eBay for sure. At most, they would only give a warning and a temporary suspension for this type of thing unless they were a repeat offender. IMO, if you're too lazy to make up your own auction, then don't sell it.

 

[mazersteven]

Hey has anyone seen my new bar stools?

 

[njedpx3]

Sorry, thought you had already tried the friendly route

That's a fairly devestating thing to do. I personally am going through my own struggle with eBay at this moment because they are suspicious of how many high dollar items I've sold on a new account. They won't allow me to sell anything until I have given them reason to believe what I am selling isn't stolen. It's unfair, it's rude, and completely unexpected.

For me to try to wreck this guy's eBay would be rude and unjust, especially if I don't know the guy's situation. I admit I was upset about it a little while ago, however, the more I thought about it the more I realized how I would feel if someone killed my eBay because I used photos of something that wasn't mine. I might have a good reason for doing, like my camera broke, or I was unaware of the legality of doing it.

I've decided to send the guy/girl a message informing them they infringed and the dangers of doing so. I'm of the opinion people deserve a second chance and a fair shot.

Sorry Seth, I assumed you had already tried contacting the guy/girl and that didn't work. I thought you had already exhausted the nice efforts since you were talking about sueing. When you go to that extent, you had better be serious because litigation is very expensive even if you win.

Sorry you are having stolen supect issued. I tried eBay successfully acouple of times, to buy a car and then again to sell a car. However, anymore, I am more wary of unknown transactions and transactors.

Again, sorry I didn't fully understand you situation.

Peace,

Forest Man

 

[deedubb]

Hey has anyone seen my new bar stools?

Vote to ban!

 

[Adam]

Vote to ban!

Vote to drink!

 

[j_garcia]

Place your name (user name or something to identify them as your sale) on the photo so that another person would have to photoshop it out. They are obviously lazy, so they won't use your pics. The same thing happened to MikeC and he sent an email to fleaBay to have them do something about it.

 

[MDS]

I'm sorry but this is comical. Threatening to sue (good luck with that) and sending a complaint message to someone who used a picture of a generic piece of audio equipment that many thousands or millions of people have is a pretty good waste of time. Even if you had a 'copyright' on the picture because you took the picture yourself, of what value is it?

If one were a photographer and someone used one of their pictures without permission, that would be copyright infringement. Ebay's policy is more for that kind of thing. First and foremost you have to ask yourself 'what damages did I incur?' The answer to that question is obviously ZERO.

 

[Halon451]

Look at it this way - free extra advertising on your gear.

 

[Seth=L]

Look at it this way - free extra advertising on your gear.

Since I sold that amp more than a month ago I fail to see how it helps me.

 

[lsiberian]

Since I sold that amp more than a month ago I fail to see how it helps me.

Perhaps your photography skills are worth more than you anticipated.