Ebay no longer protects your pictures or your description

derryb

Have a seller using my pics and verbatim description to obviously sell a coin he does not have. Talked to second level ebay fraud supervisor, they could care less.

Hemispherical

Sounds like the need to embed watermarks in pics.

MS Paint 3D can do it as other more expensive editing software.

ctf_error_coins

It is illegal to use someone else's photograph in a commercial way (to make money) without the permission of the owner of the copyright.

The ebay person you talked to knows nothing. Go higher up.

ifthevamzarockin

Your photos are your property. Last time that happened to me it just took one quick phone call to get the listing removed.

RogerB

RE: ".. second level ebay fraud supervisor,"

Is this person one who investigates fraud complaints, or one who is a fraudulent supervisor? What you discussed was copyright infringement for the purpose of committing a fraud.

Cougar1978

I have no prob them using my photos if they bought the coin from me but something they don’t own - what nerve.

Do u have link to item in question?

ChrisH821

@Cougar1978 said:
I have no prob them using my photos.

Do u have link to item in question?

Why not just tell buyer remove them? Watch out he may neg u lol.

I got the impression that it is a photo and description of a coin that the OP currently has for sale. As in some rando just duped his listing essentially.

ms70

Hang up. Call back.

Satisfied = Hang up.

Not satisfied = Repeat.

cameonut2011

@derryb said:
Have a seller using my pics and verbatim description to obviously sell a coin he does not have. Talked to second level ebay fraud supervisor, they could care less.

Send them a DMCA take down notice. If they refuse, sue eBay. Usually I'm not so litigious, but I have really come to hate eBay with its anti-seller policies (granted IP rights to images are a low priority for me).

Edthelorax

.> @ErrorsOnCoins said:

It is illegal to use someone else's photograph in a commercial way (to make money) without the permission of the owner of the copyright.

The ebay person you talked to knows nothing. Go higher up.

Selling counterfeit coins is illegal too. Ebay doesn't care about that either

Hemispherical

@derryb

Ebay’s Verified Rights Owner Program (VeRO)

Snippet from Ebay’s site on this program. Much more details in the link or search the term “VeRO.”

“What is the verified rights owner program?

The Verified Rights Owner (VeRO) program allows owners of intellectual property (IP) rights and their authorized representatives to report eBay listings that may infringe on those rights. VeRO embodies our commitment to provide a safe place to buy and sell, which respects property owners' rights.”

“Examples of infringements
Items that bear the rights owner's trademark—such as a logo—but were not authorized by the rights owner.

Unauthorized copies of audio, video, or other media.

Unauthorized use of a rights owner's images or text in a listing.”

https://pages.ebay.com/seller-center/listing-and-marketing/verified-rights-owner-program.html?ul_ref=https%3A%2F%2Frover.ebay.com%2Frover%2F1%2F711-53200-19255-0%2F1%3Ficep_ff3%3D2%26pub%3D5574933636%26toolid%3D10001%26campid%3D5337487965%26customid%3D%26mpre%3Dhttps%253A%252F%252Fpages%252Eebay%252Ecom%252Fseller-center%252Flisting-and-marketing%252Fverified-rights-owner-program%252Ehtml%26srcrot%3D711-53200-19255-0%26rvr_id%3D1939988694958%26rvr_ts%3D372b879e16a0aad948c62a06ffdf6b55

jmlanzaf

@Edthelorax said:

.> @ErrorsOnCoins said:

It is illegal to use someone else's photograph in a commercial way (to make money) without the permission of the owner of the copyright.

The ebay person you talked to knows nothing. Go higher up.

Selling counterfeit coins is illegal too. Ebay doesn't care about that either

Disagree

Edthelorax

@jmlanzaf said:

@Edthelorax said:

.> @ErrorsOnCoins said:

It is illegal to use someone else's photograph in a commercial way (to make money) without the permission of the owner of the copyright.

The ebay person you talked to knows nothing. Go higher up.

Selling counterfeit coins is illegal too. Ebay doesn't care about that either

Disagree

I have records of 34 coins being removed by Ebay on 28 different days all from the same seller who's account is still active today.
During that period, they basically only sold 4 1909-S Indians for a total of $850. This was 100% preventable.

Edthelorax

@derryb said:
Have a seller using my pics and verbatim description to obviously sell a coin he does not have. Talked to second level ebay fraud supervisor, they could care less.

What about TPG's that are displaying images stolen off Ebay in their auction records? I don't care if they use my images, but I have never been asked.

ACop

Is there any corresponding ebay policy regarding images listed by the owner, as a listing, becoming ebay property? If so then the use a sellers images from a previous listing would actually be using ebays pictures and voiding the vero above. Maybe the vero pertains to IP or CW for things never listed on ebay before?

I doubt it, as it is more likely ebay workers in Indonesia just dont care about our problems. But it also seems like something those too long to read policies include some sort of transfer of ownership for images used on their site.

derryb

Ebay used to take such listings down. They no longer do. Yes active listing.

So, when someone uses your pics, just add another pic to the listing:

jabba

I’ve used sell one like this button that copy’s the title and sets everything up but you have to put your own description and photos that’s not right using another person photos to sell a coin that’s messed up!

Hemispherical

Ebay’s VeRO form:

—————

Notice of Claimed Infringement
Intellectual Property (IP) Owner Name: _______________________________________________________________
Reporter Information – All required except as noted
Name and Title: ___________________________________________________________________________________ Company Name (if different than IP Owner Name): _____________________________________________________ Mailing Address: __________________________________________________________________________________ __________________________________________________________________________________________________ Email Address (for communication with eBay) _________________________________________________________ Email Address (for communication with sellers) ________________________________________________________ Phone Number: ___________________________ Website (optional): ______________________________________
Declaration
I have a good faith belief, and do solemnly and sincerely declare, that use of the material in the manner complained of is not authorized by the Intellectual Property Owner, its agent, or the law. The information in this Notice of Claimed Infringement is accurate, and under penalty of perjury, I am authorized to act on behalf of the Intellectual Property Owner of an exclusive right that is allegedly infringed.

---

Signature Date
Allegedly Infringing Material
Allegedly Infringing Item Number(s)/Product URL(s): ___________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Reason Code (select only ONE from list on page 2): _____________________________________________________ Description of why you believe listing(s) infringes your rights: _____________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Registration information and jurisdiction of applicable intellectual property right: ___________________________ __________________________________________________________________________________________________

 Allegedly Infringing Material Cont.

Allegedly Infringing Item Number(s)/Product URL(s): ___________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Reason Code (select only ONE from list on page 2): _____________________________________________________ Description of why you believe listing(s) infringes your rights: _____________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Registration information and jurisdiction of applicable intellectual property right: ___________________________ __________________________________________________________________________________________________ **Additional items and reason codes can be reported on a separate page using the format above.
Reason Codes
Trademark – item infringement
1.1 Item(s) is a counterfeit product which infringes a trademark (provide trademark registration information).
Trademark – listing content infringement
2.1 Listing(s) contains unlawful use of trademark (provide trademark registration information).
Copyright – item infringement
3.1 Software is offered for sale in violation of an enforceable license agreement (eBay will not process reports seeking to prohibit the sale of genuine unopened software).
3.2 Item(s) is a counterfeit product which infringes a copyright.
Copyright – listing content infringement
4.1 Listing(s) contains unlawful copy of copyrighted text.
4.2 Listing(s) contains unlawful copy of copyrighted image.
4.3 Listing(s) contains unlawful copy of copyrighted image and text.
Other infringement
5.1 Item(s) infringes a valid and enforceable patent (provide a copy of the relevant court order and the patent registration information).
5.2 Item(s) infringes a registered design right (available in Europe, Asia, Australia, and New Zealand only - provide design right registration information).
5.3 Item(s) violates a celebrity's right of publicity (available in US only).
5.4 Listing(s) content violates a celebrity's right of publicity (available in US only).
5.5 Store name or User ID infringes on a trademark (put user ID or Store URL in ‘Item Number’ field and provide trademark registration information).
6.1 Other – please detail in “Description of why you believe listing(s) infringes your rights” field.
Please note that eBay does not process reports to enforce selective distribution agreements, M.A.P. policies, and contractual disputes.

https://ir.ebaystatic.com/pictures/aw/pics/pdf/us/help/community/EN-NOCI.pdf

ifthevamzarockin

"Ebay used to take such listings down. They no longer do."

It seems this is correct. Back in the day you could not copy a listing or photos then they started photo sharing. The photo sharing was for sellers to be able to find a generic photo to make listing faster & easier. The sharing was optional, you had to go into your account settings and click the little box for no share. The little box is gone and after reviewing ebay policy it seems they changed that in one of the updates.

Copied from user agreement

Someone's using the descriptions from my listings word for word. What can I do to stop them?
When you create a listing or product page you give eBay and its members permission, through our user agreement, to use your images and product details. Your content may be added to the eBay product catalog, at our discretion. Content added to the catalog may be used by other sellers in their eBay listings.

You may contact the member and ask them to remove text from their listing if it is not part of the eBay product catalog.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including eBay users). You may use that content solely in your eBay listings. eBay may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

The new & improved ebay!
Every improvement puts me one step closer quitting ebay.

winesteven

@Edthelorax said:

What about TPG's that are displaying images stolen off Ebay in their auction records? I don't care if they use my images, but I have never been asked.

I’m not an attorney, but when TPG’s use eBay images of eBay sales in the TBG Auction Prices Realized, they’re just providing that information to the public, and not receiving any direct monetary benefit. In the case of the OP, the other guy is using the photos of the OP’s coin in order to try to supposedly sell his own coin, hence direct monetary benefit by the bad guy.

Edthelorax

@winesteven Thank you, that makes perfect sense.

ACop

@ifthevamzarockin said:
"Ebay used to take such listings down. They no longer do."

It seems this is correct. Back in the day you could not copy a listing or photos then they started photo sharing. The photo sharing was for sellers to be able to find a generic photo to make listing faster & easier. The sharing was optional, you had to go into your account settings and click the little box for no share. The little box is gone and after reviewing ebay policy it seems they changed that in one of the updates.

Copied from user agreement

Someone's using the descriptions from my listings word for word. What can I do to stop them?
When you create a listing or product page you give eBay and its members permission, through our user agreement, to use your images and product details. Your content may be added to the eBay product catalog, at our discretion. Content added to the catalog may be used by other sellers in their eBay listings.

You may contact the member and ask them to remove text from their listing if it is not part of the eBay product catalog.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including eBay users). You may use that content solely in your eBay listings. eBay may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

The new & improved ebay!
Every improvement puts me one step closer quitting ebay.

This is what i was thinking in my post.

Timbuk3

Good information to know !!!

ricko

I am amazed... Things on ebay have changed so much. I would think that outright fraud would still be addressed... but I guess it must be forced now.... It used to be a simple phone call would get it removed. Cheers, RickO

Namvet69

Digital crime requires lots of energy by innocent people. EBay should care a lot more about this behavior. Peace Roy

TwoSides2aCoin

Many patrons call the shop with coins they have (to sell) , and often I'm told (they see) " it is worth thousands of dollars on eBay"... or "online".
It causes a problem when I tell them "yours is not the same item".
So you're saying essentially that people are copying your photos to sell their item. I wonder why Ebay reps cannot see or hear the truth.

Route58

@ifthevamzarockin said:
Your photos are your property. Last time that happened to me it just took one quick phone call to get the listing removed.

If you see an online listing and you buy the coin, do you now also own the corresponding listing photos that were used to promote it?

derryb

@Route58 said:

@ifthevamzarockin said:
Your photos are your property. Last time that happened to me it just took one quick phone call to get the listing removed.

If you see an online listing and you buy the coin, do you now also own the corresponding listing photos that were used to promote it?

No more than you now own the ebay ID of the seller.

BStrauss3

@winesteven said:
I’m not an attorney, but when TPG’s use eBay images of eBay sales in the TBG Auction Prices Realized, they’re just providing that information to the public, and not receiving any direct monetary benefit. In the case of the OP, the other guy is using the photos of the OP’s coin in order to try to supposedly sell his own coin, hence direct monetary benefit by the bad guy.

You are also incorrect about intellectual property law. Copyright violation does not require monetary benefit.

It might or might not be fair use - that principle has been under attack for years...

BStrauss3

@Route58 said:

@ifthevamzarockin said:
Your photos are your property. Last time that happened to me it just took one quick phone call to get the listing removed.

If you see an online listing and you buy the coin, do you now also own the corresponding listing photos that were used to promote it?

Not unless you ask - and the seller agrees - to transfer the rights. Honestly, it's a reasonable request and most sellers will just say "go ahead". However, if it's a TruVue or the NGC equivalent, the seller only had the rights to use, not the ownership.

johnny9434

good old flee bay

Mizzou

On the other hand, if you receive a coin that is "Not as described" Ebay will back you 100% of the time and you will get a refund whether the seller likes it or not.

spacehayduke

Just more evidence of how flawed fleabay has become for numismatic coin offerings.......

Best, SH

DotStore

This has happened to me many times. Someone uses my Pictures, my Title for the listing, and my Description which I work hard to find the right words and formatting (they might customize the description to fit their name or account).

I've reported these listings, but nothing ever happens.

A couple of times I messaged the other seller that it's not right to do that. Most of the time they apologize and modify their listing. A couple of times the other seller was rude and basically told me to get lost.

My biggest complaint is with eBay ignoring my report. If I use the eBay function to "report" the listing, eBay should act on the listing immediately. This bugs me almost as much (if not more) than the Seller copying my listing...