Ebay seller stole photos of my PCGS coin. re: veRO, DMCA, reporting account
Azurescens
Posts: 2,763 ✭✭✭✭✭
Someone bought a PCGS coin from me and relisted it. No big deal. However they copied my listing and used all my photos. I reached out to them politely to have them take it down or I'd be filing a DMCA.
Seller tells me he's never had a problem stealing people's copyright for the last 15 years. Starts attacking me and calls me a bad person for his literal thievery.
Ebay now has the original photos, the info, seller admitting to stealing, seller admitting to selling items they dont have, seller admitting to long history of stealing copyrighted material to make money.
I've forwarded the materials to my attorney. It's the first time I ever had to follow through on something like this.
Is there anything else I need to do on the veRO side except mail it and wait?
Comments
If I understand this right, the coin is not yours any more, although the title of your thread says it is. Clearly the photos are yours and he should not use them without permission. You have every right to pursue this matter as far as you would like. For me, life is too short to be bothered. I would be more upset if he were using photos without purchasing the coin.
simply insert a watermark on your ebay photos. Mine includes the word "copyright."
The government is incapable of ever managing the economy. That is why communism collapsed. It is now socialism’s turn - Martin Armstrong
Hate to break the bad news to you.
"When you create listings you give eBay and it's members permission, through our user agreement, to use your images and product details. Your content may be added to the eBay product catalog, and may be used by other sellers in their eBay listings."
Did the seller actually use the words that he's "never had a problem stealing people's copyright for the last 15 years"? And ditto for seller admitting "to long history of stealing copyrighted material to make money"? If not, I'd suggest not misquoting others - especially those with whom you expect to engage in legal proceedings.
Mark Feld* of Heritage Auctions*Unless otherwise noted, my posts here represent my personal opinions.
eBay gives permission to steal. I'm sure your photos were not copyrighted. Is this really worth involving an attorney? If it is to you, good luck.
"Buy the coin, steal the photos."
They aren't using your private information ... are they?
If the coin ends up lost or damaged would you be held liable?
If so I would pursue it.
FYI...
Picture policy
https://www.ebay.com/help/policies/listing-policies/picture-policy?id=4370
The following are not allowed:
Photos that don't accurately represent the item
Placeholder images used to convey messages
Stock photos for used, damaged, or defective items
Photos with added borders
Photos with added text, artwork or marketing material
Watermarks of any type, including those used for ownership attributions
fuhgeddaboudit
sometimes ya gotta fight fire with bigger fire.
The government is incapable of ever managing the economy. That is why communism collapsed. It is now socialism’s turn - Martin Armstrong
Be cool. Stand your ground.
Interesting
Successful transactions with : MICHAELDIXON, Manorcourtman, Bochiman, bolivarshagnasty, AUandAG, onlyroosies, chumley, Weiss, jdimmick, BAJJERFAN, gene1978, TJM965, Smittys, GRANDAM, JTHawaii, mainejoe, softparade, derryb
Bad transactions with : nobody to date
I guess watermarks could be considered subliminal advertising?
Successful transactions with : MICHAELDIXON, Manorcourtman, Bochiman, bolivarshagnasty, AUandAG, onlyroosies, chumley, Weiss, jdimmick, BAJJERFAN, gene1978, TJM965, Smittys, GRANDAM, JTHawaii, mainejoe, softparade, derryb
Bad transactions with : nobody to date
I don't think you have much of a case but good luck.
My Collection of Old Holders
Never a slave to one plastic brand will I ever be.
Just am curious, you sold and were paid for a coin on eBay, then the buyer relisted the coin as a seller using your image.
Just my thoughts here, I have never minded if a buyer uses my images. While I pay a photographer to do this service for me, they are part of my sale. If someone wants to resell a coin (or any item) and wants to use my image, I figure they now own the item and why not use my image if I’ve been paid.
With that said, I know this issue has caused problems over the years. I agree with others to use a watermark or copyright if this is a big deal for you. I just don’t think this is something that necessarily should cause you any stress.
If a seller is using an image of the actual coin being sold, tell me again why that is a bad thing? What I don't like are sellers I'm competing with who use my pics for their coins. I found the cure for this is to include in my description "another seller is using my pics of this coin in his listing. I can assure you I have this coin and he does not."
The government is incapable of ever managing the economy. That is why communism collapsed. It is now socialism’s turn - Martin Armstrong
It may help if you just consider the photos as part of the package when you sell a coin on ebay.
Let it go. It's not worth it. How are you damaged financially by him using your pictures? You no longer own the coin; the pictures are of little use to you now...
mbogoman
https://pcgs.com/setregistry/collectors-showcase/classic-issues-colonials-through-1964/zambezi-collection-trade-dollars/7345Asesabi Lutho
You lost me when you said Ebay has the ORIGINAL photos.
As a professional photographer my whole like, I will not make a comment as I do not want to get banned.
The only time I have reported picture theft was when a guy bought my coin and then listed it forsale on ebay before he paid for it!
The OP's experience is frustrating, but it seems that Ebay forces you to relinquish all rights to your photos when you list.
If you suffered a financial loss then you could pursue it, but what have you lost, really?
Ebay's rules are a web of sometimes contradictory statements that are no doubt meant to shield them from legal issues.
Look at all the pre-sales that go on when the mint is releasing one of their "special" coins. Literally every listing has nabbed the photo from the US Mint site. If ebay doesn't care about that, they aren't going to care about your situation.
You may not like this, but eBay's User Agreement specifically says that:
They further state that that as an eBay user, eBay provides images from other eBay users for your use.
Both are in Section 9 of their user agreement:
https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259#6
I for one do not want you banned either
Successful transactions with : MICHAELDIXON, Manorcourtman, Bochiman, bolivarshagnasty, AUandAG, onlyroosies, chumley, Weiss, jdimmick, BAJJERFAN, gene1978, TJM965, Smittys, GRANDAM, JTHawaii, mainejoe, softparade, derryb
Bad transactions with : nobody to date
I just wish my images were good enough to be lifted.😮
Dave
Honestly, what's the big deal someone using your pictures.
The coin has been sold , so consider the pictures 'sold' also.
I know it's not the proper ethical thing to do, but life is too short to get all stewed up about small matters.
Now lawyers are involved.
Oh my.......now there's a bigger problem.
"“Those who sacrifice liberty for security/safety deserve neither.“(Benjamin Franklin)
"I only golf on days that end in 'Y'" (DE59)
every photo taken is automatically protected by copyright, without registering that copyright.
the person who takes the photo owns the copyright, not the camera owner.
ebay also says that you must respect copyright laws.
and ebay can not circumvent laws by making their own regulations.
but, who cares??? feebay tells you one thing on page 1 if it suits them and generates sales and 10 things to the contrary on page 9-10 if it does the same but puts you through the wringer.
I am off feebay.... as I do not want to have the manage my money..their latest joke.
maybe some china outfit will come up with a "counterfeit Feebay",
No longer your coin and he has pictures of the coin he purchased from you and you are getting a lawyer? Wow. I can think of 10,000 more important things to focus on than a picture. But I’m not that OCD
"I spent 50% of my money on alcohol, women, and gambling. The other half I wasted.
What are your monetary damages? How much do you expect to receive if you "win"?
Or is it the principle of the thing?
Liberty: Parent of Science & Industry
I don't give a hoot now nor did I in the past, if a buyer uses my images to subsequently sell the item. I do give a hoot, if someone steals my images for item(s) still available for sale.
It's certainly foolish of the seller to list a coin he does not yet have in his possession, unless he's fine with a negative feedback if he sells it and then the coin gets lost in the mail on its way from you to him. For you, the kick in the groin will be if he eventually returns in while still under the return privilege because he wasn't able to sell it himself.
Azurescens, Loosen your neck tie and relax. I was at a red light last week when someone slammed into the back of my car and took off. Not much damage but I had a nacho supreme and a medium soda on the inside of my windshield and I wasn't as upset as you are over those pictures.
Sometimes I think that animals are smarter than humans, animals would never allow the dumbest one to lead the pack