EBAY, Reported and Response
Bullsitter
Posts: 5,991 ✭✭✭✭✭
Top photos, mine.
Bottom photos, sellers.
I sold this DC Token on July 21. This morning while checking new listing for Dan's items I saw my photos were being used by another Ebay seller for the same piece. I contacted the seller and told him to remove them then I reported it to Ebay. I gave Ebay both item numbers and all the information they needed.
Here is their response,
"Hello Thanks for your report.
It appears that the seller in question is using stock photos to advertise the product that they are offering. Please clarify how you’ve determined the reported listing is offering fraudulent product."
What do they need clarified? Look at the obverse spot at 3 o'clock.
That was my first and last time reporting to Ebay. They can't see.
BTW....the seller did the right thing and removed them at my request
Comments
Good thing you caught it and have it resolved
The image is still fresh in your mind.....do you miss it?
No, but only because I have another about to be sent to ANACS without that spot, probably grades 69.
They are very nice pieces.
Will they designate special label for my 'off centre over strike'?
Did you code your complaint incorrectly? Why did eBay respond: "Please clarify how you’ve determined the reported listing is offering fraudulent product."
It is an issue with using your photos, and a copyright issue, not "fraudulent product" as far as I can tell. I thought they had a specific category for using others' photos....
Not 100% sure, but I think they would, I don't see why they wouldn't.
Don't remember exactly but I didn't use the word fraudulent. That was my first time to make a report. I couldn't find anything about photos though. I do know it was a pain in the rear to deal with...no mas.
I'm glad it got resolved !!!
I'm totally confused...please clarity.
1..You sold that round on 7/21 & you are no longer in possession of that round?
2..You claim some one stole your pictures ( I have no idea when that took place)
3...It is obvious, it's the same round, but different set of pictures.
How can some one steal your pictures if you no longer own the product....
If I was the seller, I would have told you to "pound sand."
Just guessing , but maybe they photo-shopped his original pic to make it look like it was in a holder or box?
Also, his pics remain his whether he still has the coin or not, unless he specifically sold the rights with the coin.
I gave you a "disagree" because, the photographer owns the images even if they no longer own the subject within those images. The images of the coin are obviously the same, the new seller simply added a new background.
Good luck with that assessment. If your photo is not a copyright or Trade Mark (TM) photo...it's owned by anyone who wants to make a copy
Copyright protection arises automatically when an original work of authorship is fixed in a tangible medium of expression. Registration with the Copyright Office is optional. His photos were copyrighted the moment he published them on the internet.
Ebay's current item reporting system is mostly limited to drop down menu selections. For unauthorized use of photos the selections would be: "Copyright and trademark > eBay item infringes your intellectual property rights > Contact the eBay VeRO Program"
If you understand what is coming, then you can duck. If not, then you get sucker-punched. - Martin Armstrong
Copyright is granted the instant a work of art or photograph is created. This subject has been brought up over and over in past threads.
Now a photographer can put it out on the web and leave a blanket statement that anyone can use it for whatever reason. In that case they are giving explicit permission to anyone who wants to use their work. However, just because an image is found "online" does not make it "public property".
eBay will provide 'stock photos' of things sold in the past -I have not read their TOS lately, but suspect they claim partial ownership of any picture of any item listed on their 'platform'
In order to be protected the following 3 requirements must be met.
1) Fixed in a Tangible Medium - met
2) Original -met?
3) Creative - met
I'm not convinced that # 2 has been fully met. But then, I'm a contrarian.
Augustus Saint-Gaudens would be proud of DC's work
OP says the pics are his. Either you believe him or you don't.
If you understand what is coming, then you can duck. If not, then you get sucker-punched. - Martin Armstrong
The seller knew he was wrong. That's why he removed the photos at my request> @OPA said:
If he had told me to "pound sand" I would have bought the item. Then I would have returned it as not being as described and gave him negative feedback.
OPA, he removed the photos at my request. Why DO YOU think he removed them?
Pardon me @OPA ... I looked up the meaning of what you described as "pound sand" and I can attest to you that my friend is nothing but a good honorable man
How do you know the coin he was selling wasn't the coin you sold? They do circulate you know. I'm assuming thats your real gripe? If its the photo ownership then lets be realistic here. How much money are you going to lose because he used your picture to sell the coin in it? Professionals sell their services for like $6. how much do you feel you, i assume a non professional photographer, the seller would owe you for the use of the pic? Are people lining up to buy prints and t shirts of your photo?
Per ebay raw coin policy: "The listing includes photos of the front and back of the coin being sold, and you are authorized to use the photos. Stock photos and images that are dark, out of focus, edited, or misleading aren't allowed."
Using a pic of another coin and not one of the actual coin is misleading to a buyer. For this reason sellers must insist that other sellers not use their pics as a stock photo.
If you understand what is coming, then you can duck. If not, then you get sucker-punched. - Martin Armstrong
You seem to forget, we are not dealing with a coin in this auction, but a privately minted gold bullion round. Bullion, per eBay, is not subject to their return parameters.
Ok...I relinquish my contention that these are 2 separate pictures, because it appears to be the same coin.
But what I do not understand, why the fuss over someone using a picture of a sold item, that is no longer in the sellers possession?
How do I know? Because I contacted the real owner and he still has it. Also the seller now has his own photos up. Two of the pics he took are his, don't know where the 3rd photo came from but it's not the same piece . BTW, it's not about the money, it's about ethics and deceiving honest buyers that want what they paid for. I'm sure you have no clue to what I'm talking about. Here are the sellers current photos.
Do you even know what you're talking about?
It's not gold it's BRASS, listed where Ebay wants it, under Fantasy Issued Coins. It's not bullion.
The fuss is over...take your own photos don't use mine. Don't deceive honest buyers with better photos than what you have for sale. If you two boys don't understand that I can't help you.
My mistake........All this fuss over a BRASS Token? Give me a break....
Enough is Enough
If you understand what is coming, then you can duck. If not, then you get sucker-punched. - Martin Armstrong
fixed your post
I would spend exactly zero time on this if it were me. Jeepers. There is no loss to the original owner. There is no loss to the buyer. There is no loss to the art world.
All comments reflect the opinion of the author, even when irrefutably accurate.
I think this poster's issue over "original" is over the content, not who held the camera.
All comments reflect the opinion of the author, even when irrefutably accurate.
You have posted this picture before and it always bothers me....
Was the cat OK? Did the little girl in the middle learn her lesson and hold onto the handles the next time? Don't leave us hanging...
tt
Does college ball have a rule about using their images? They probably wouldn't get their panties too bunched up about you using this image of theirs if they do.
Unless of course, you took this picture too, which you use one the sports forum.
Shocking what happens there.