Your photos being used by eBay sellers

Discussion in 'Arts, Literature & Photography' started by Darkbulb, Jan 8, 2017.

  1. Darkbulb

    Darkbulb Member #10

    This is probably the third or fourth time I've seen a photo or photos of mine being used in ads on ebay to sell a razor. The latest was today when a seller decided it was a good idea to use one of my photos of the Rocnel DE-P in his ad.

    As this has happened a few times now I reported his use of my image to eBay and sent him a message.

    The conversation that followed was...bizarre.

    "Hi, if you don't mind - please remove my photo of the DE-P razor from your ad as my razor is not the one being sold.

    His reply:
    "Removed for now. Please provide proof that this is your razor"

    "The photo was a placeholder until I could get my own photos up. I do want proof that this is your photo."

    At this point he had my photo as the 'main' photo and a number of other photos - I assume his - so the 'placeholder' argument was odd. I told him where he could find the photo - posted by me on forums.

    ....and then he reports me :)
    "And the photo was removed before your got your panties in a wad and "reported me". All the photos are mine. Since I took it down when you asked, you are misusing the eBay system for vindication. I will report you for misusing the eBay system. As I said, it was a placeholder.

    I don't do forums because too many people there are thin-skinned and spoiling for an argument"

    I just get tired sometimes.

    I'm far from a lawyer or legal expert but I would assume this would be IP/copyright related?

    Anyone else had their photos used by others to sell stuff? wasn't even that good a photo.....
    Last edited: Jan 9, 2017
    Looney12345, R181, SeanC and 2 others like this.
  2. RSSO

    RSSO Member #11

    Bar Montenegro
    Nice conversation lol

    Mine photo quality is too low even for aliexpres so Im secure , bat seen lot of cases even claiming custom SR
    YomD and Darkbulb like this.
  3. SeanC

    SeanC Forum GOD!

    SE London
    Yes it is a copyright / IP issue.

    I had this done to me on eBay once. Similarly it was a crap photo and I really mean crap. The seller didn't take it down as politely requested, so I reported the listing and eBay removed the whole thing instead.
    Looney12345, R181 and Darkbulb like this.
  4. Cheesepiece

    Cheesepiece Gold Member No. 8

    I don't see the issue with someone using a photo of an object that someone else has taken. I'm flogging a pair of trainers on eBay at the moment that are BNIB. I gathered some photos from a Google search of the same shoes, the provenance of which were mainly online retailers, e.g. Schuh, Office, etc.,. but at least one was from some online blog or other. I used these as the main visual descriptors of the shoes I'm selling then added a couple of my own showing them in the box and the EAN codes, sizing chart, etc. It's not a false representation surely. When I buy shoes, or anything really, online, from any retailer, or even an eBay seller, I'm not expecting the product received to be the product photographed. Should Connaught re-list and rephotograph every razor or razorblade they sell on eBay? No? At least, I don't think so. And by extension, neither should anyone else. Stock photos are ok for items in the same condition.

    As an aside I recently saw, I think it was Executive Shaving selling the new ATT Aluminium razors using Maggard's images. No big deal, I don't think.
    I'm certain it was the above links but the images have either been changed or cropped.

    PS. I take shite photos, so nobody wants mine and maybe that's where I'm bias.
  5. Holyzeus

    Holyzeus TSR reject

    Disagree, if it's a new item fine but not for used
    Darkbulb and Len like this.
  6. pjgh

    pjgh Forum GOD!

    Halifax, UK
    I've had it countless times with eBay and website vendors when I was into car detailing ... shiny car pictures, beading, meticulous paintwork. Vendors were generally easy, as a name and shame on forums was enough to prompt action to remove ... some got really shitty. eBay, completely different and there's no mechanism within eBay to have the pictures removed.

    Watermark EVERYTHING you don't want used by anyone else.
  7. SeanC

    SeanC Forum GOD!

    SE London

    As you say stock photos aren't an issue, but I would add the caveat 'for new items only'. For example a Spiderman DVD cover is a Spiderman DVD cover no matter how you look at it.

    For the incident I mentioned previously, it was a second hand item with the living room in my flat clearly in the background. Lazy and potentially misleading seller is my conclusion.
  8. chris.hale

    chris.hale Forum GOD!

    Cumbria, England
    I disagree that it's not a good photo, but I think you may have to start watermarking your pictures.
  9. Steve Bowles

    Steve Bowles Forum GOD!

    Your photos would be hard not to "borrow" on ebay. Too bad phone cameras don't have a "(c)" ability.
  10. MPH

    MPH Forum GOD!

    When your browsing items on eBay there's a button which say something like; "Sell item like this". It then copies a load of info to make it easier to sell something. Does this copy over the pictures too? I would hope not, but it might explain how pictures could end up on other auctions???
  11. LeeBot

    LeeBot Forum GOD!

    I'd agree in some cases - ie stock photos for DVD's or albums etc.

    However, I've sold a few things on Ebay and having took some pictures with my phone at the time they really weren't up to scratch for my liking. There was nothing suitable in Google Image searches so I went to the extra time, cost and effort to buy a half decent camera and cheap lighting setup. Someone then used my photos for their listings and given the extra effort I'd gone to I was suitably miffed.

    I do appreciate the irony in me getting annoyed by someone ripping my photo that I only put the extra effort in to get because I couldn't find a decent photo of someone else's to rip-off!
    halvor, Steve Bowles and Looney12345 like this.
  12. Batch300

    Batch300 Extraordinarily Uncomplicated

    A picture is worth 10,000 words.

    Used item: actual photo of the item for sale
    New item: actual photo or stock photo from manufacturer

    Any non-actual photo of the item should be indicated as such. Not OK to use photo from another individual without permission.
  13. Darkbulb

    Darkbulb Member #10

    I think there are two issues;
    A) using someone else photo for commercial purposes, and
    B) using a photo of another's item when selling a used product.

    One is a copyright/royalty issue and one is purely misleading.
    Holyzeus and Andrimus like this.
  14. Darkbulb

    Darkbulb Member #10

    I'll be looking at adding some unobtrusive watermark going forward but as obnoxious ad the guy came across demanding that I proved that the photo was mine he raised an interesting question: How would I?

    Take this photo as an example - but the question can probably be applied to most of our photos these days - it was taken on a phone, the original photo is probably deleted off the phone by now.... How does one these days prove ownership of a phone image as there are no negatives or anything like that?
  15. SeanC

    SeanC Forum GOD!

    SE London
    Your phone may embed GPS co-ordinates into the photo. Mine does. If these coincide with your home then that's evidence enough imho
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