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What to do when someone steals your eBay pic?

I sold an item on ebay and noticed that someone used my image that I took and is using that exact same image to sell theirs. What can I do to have the other seller remove it? That's my picture. I contacted the seller and asked politely to take it down but it hasn't been done. The seller is not the same person that I sold my item too. It's not an expensive item. It's just not his picture. What do I do?

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    grote15grote15 Posts: 29,521 ✭✭✭✭✭
    I have had both pics and auction listing descriptions lifted verbatim by other sellers. It is irritating but not sure what can be done or if ebay even cares.


    Collecting 1970s Topps baseball wax, rack and cello packs, as well as PCGS graded Half Cents, Large Cents, Two Cent pieces and Three Cent Silver pieces.
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    llafoellafoe Posts: 7,220 ✭✭
    WANTED: Cincinnati Reds TEAM Cards
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    downtowndowntown Posts: 671 ✭✭✭
    Originally posted by: djr
    Did they use your exact URL because if so change the image to something funny image


    +1
    I collect Seattle Pilots autographs, 1969 Topps autographs, Signed Mickey Mantle Home Run History cards and have a JC Martin collection (he was my college Baseball coach)
    Doug
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    ChiefsFan1stChiefsFan1st Posts: 845 ✭✭✭
    Originally posted by: djr
    Did they use your exact URL because if so change the image to something funny image


    This reminds me of a story I heard some time ago.

    Same senerio, someone used this guys pic of A Randy Johnson card. The guy just
    substituted one pic of "The Big Unit" with anotherimage
    I dont wanna grow up, Im a Toys-R-Us kid!
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    GriffinsGriffins Posts: 6,076 ✭✭✭
    As a matter of course I register every image I shoot/scan/create with the US copyright office every month (I'm a commercial photographer so it's part of my work flow). It's very simple and inexpensive. On the few occasions someone has lifted one of my images I've been successful in having ebay pull it, if the the offending party hasn't done so already. It happened as recently as 3 days ago.

    Always looking for Topps Salesman Samples, pre '51 unopened packs, E90-2, E91a, N690 Kalamazoo Bats, and T204 Square Frame Ramly's

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    jtlee321jtlee321 Posts: 2,355 ✭✭✭✭✭
    You don't have to register your images with anyone. Once you have created it, it's copyrighted to you. Contact eBay and tell them that this seller is using your images without your permission and that you have contacted him with no response. I would then contact the seller one more time and tell them that they are violating your intellectual rights and that legal action may ensue if they do not remove your image. Take a screen capture of their listing for any possible recourse needed.
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    miwlvrnmiwlvrn Posts: 4,226 ✭✭✭✭✭
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    GriffinsGriffins Posts: 6,076 ✭✭✭
    Originally posted by: jtlee321
    You don't have to register your images with anyone. Once you have created it, it's copyrighted to you. Contact eBay and tell them that this seller is using your images without your permission and that you have contacted him with no response. I would then contact the seller one more time and tell them that they are violating your intellectual rights and that legal action may ensue if they do not remove your image. Take a screen capture of their listing for any possible recourse needed.


    this is true, but it's next to impossible to have an attorney take on an infringement case if the copyright isn't registered, since they cannot collect damages. And paying hourly is untenable since often the award won't cover the xeroxing fees your attorney runs up, let alone their retainer.
    For just pulling down the images you are right though, no need to register in order to get ebay to comply.

    Always looking for Topps Salesman Samples, pre '51 unopened packs, E90-2, E91a, N690 Kalamazoo Bats, and T204 Square Frame Ramly's

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    miwlvrnmiwlvrn Posts: 4,226 ✭✭✭✭✭


    I found someone using an image of mine to sell the same item I had listed once. It was taken down very soon after I informed ebay.



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    PSASAPPSASAP Posts: 2,284 ✭✭✭
    If it's not a unique item or a graded card, I usually just let it go. Live and let live.
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    DboneesqDboneesq Posts: 18,220 ✭✭
    image
    STAY HEALTHY!

    Doug

    Liquidating my collection for the 3rd and final time. Time for others to enjoy what I have enjoyed over the last several decades. Money could be put to better use.
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    KbKardsKbKards Posts: 1,782 ✭✭✭
    Copyright - Smopyright




    From the link above.




    Using images or text descriptions from the eBay product catalog in your listings is a great way to include additional information or images for an item you are listing.




    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 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.




    When a seller uploads a picture to Ebay, Ebay can then add that picture to their product catalog(collection of pictures) unless the seller opts out of having their pictures used for that purpose. Ebay provides the pictures in their product catalog for sellers to use in their listings when they don't have a picture, or the product catalog pictures are better. It's handy if you're selling something like a specific model of blender and can show nice professional detailed pictures, but it's an awful idea for Ebay to allow it to be used for collectibles like cards where buyers expect to get exactly what's pictured.
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    MULLINS5MULLINS5 Posts: 4,517 ✭✭✭
    Most of what I sell on eBay are items that I an liquidating, therefore, mainly re-sellers are buying up my stuff and they regularly use my photos in their listings. It's flattering.
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    zep33zep33 Posts: 6,897 ✭✭✭
    I was selling a new SAAB remote once on Ebay and grabbed a generic pic of the same thing in the same packaging off the internet to sell it. Some other guy was also selling one and grabbed the same pic I did. He contacted Ebay and told him the pic was his (it wasn't) and Ebay pulled my listing. I took my own pic, relisted it 10 cents cheaper than his (I was originally more expensive than his) and sold mine. I checked his for about 2 weeks after and his still hadn't sold. Sometimes Karma does strike the douche.
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    SouthsiderSouthsider Posts: 1,043 ✭✭✭
    Originally posted by: Griffins
    Originally posted by: jtlee321
    You don't have to register your images with anyone. Once you have created it, it's copyrighted to you. Contact eBay and tell them that this seller is using your images without your permission and that you have contacted him with no response. I would then contact the seller one more time and tell them that they are violating your intellectual rights and that legal action may ensue if they do not remove your image. Take a screen capture of their listing for any possible recourse needed.


    this is true, but it's next to impossible to have an attorney take on an infringement case if the copyright isn't registered, since they cannot collect damages. And paying hourly is untenable since often the award won't cover the xeroxing fees your attorney runs up, let alone their retainer.
    For just pulling down the images you are right though, no need to register in order to get ebay to comply.


    At $35 a pop, it's a bit impractical for most ebay sellers to register each of their scans/photos. Even with a registration, you're not likely going to find many attorneys who would be willing to file suit against someone using your scan/photo in a listing for an ebay auction. Maybe if they were selling prints of your photograph or something, but not just using it to list their 1989 Topps Gregg Jeffries cards.
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    I had someone steal my eBay description and use it verbatim for a similar product on their website. They couldn't even bother to pretend they stole it.
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