Seller using my copyrighted photos in several listings & selling fakes!
Seller uses copyrighted photos from my patch collection website in his listings. He is selling authentic items that are literally in my possession, then has a counterfeit manufactured and shipped out of the Philippines once the listing is sold. The buyer is completely unaware that they are not getting the actual item pictured - which again, belongs to me - and will receive a reproduction instead.
I've reported the listings to eBay numerous times, citing their own policies which are being broken. However they apparently take no action and the seller won't stop. It seems eBay doesn't give a rip as long as they get a cut of the profits.
Does eBay have the legal obligation to stop this practice, and what additional actions could I take?
26 comments
fashunu4eeuh
·3 years agoOh, one last thought—
The vero report carries far more weight than your reporting the listings on eBay thru the usual “Report This Item†link. Since the seller using your IP is your competition, eBay might discount your efforts as an attempt to erroneously interfere with another seller’s account. Multiple reports could also fall into that sphere of thought. Just my two cents.
fashunu4eeuh
·3 years agoA few years back, it was a clear policy violation to use another seller’s intellectual property. Times have definitely changed. But that’s eBay. A little thing called a federal law trumps eBay policy, and there is a law that is intended to protect digital assets. It’s the Digital Millennium Copyright Act.
Sign up to Vero and then fill out the form. Submit it to eBay. eBay has no choice then but to remove the offender’s listing. It’s the law. Be sure to quote eBay policy when submitting your report. The first sentence in the Vero policy is this:
â€Listings or products that infringe on the intellectual property rights of others are not allowed on eBay.â€
Since you are the right’s holder, those listings should come down. Good luck to you. I hope this gets resolved to your benefit.
For more info, see the links below.
https://www.wilkes.edu/about-wilkes/policies-and-procedures/copyright.aspx#:~:text=The%20Digital%20Millennium%20Copyright%20Act,and%20anything%20that%20is%20copyrighted.
https://www.ebay.com/help/default/default/verified-rights-owner-vero-policy?id=4349
albertabrightalberta
·3 years agoAlthough I've always questioned ebay's "right" to our images when posted on ebay, rather than fighting them on that when other sellers make unauthorized use of my work, what I've found that works for me is to file NOCI reports showing that my images are listed on another site. It's a legitimate workaround and one that ebay DOES respond to. (And even though the same images are in my ebay listings, it's the other site's listings I show as being infringed on.)
The image and text policy clearly states that using images from another website is disallowed and since the OP states that the images were stolen from his website, he has a valid infringement claim.
From the policy:
"Can I use images or videos that I copied from other websites on eBay?
No, you can't use images or videos from a manufacturer’s website, even if it is publicly available. Copying content from other websites or internet searches may be considered copyright infringement.
This is a PDF of the NOCI form and it has typeable fields.
https://ir.ebaystatic.com/pictures/aw/pics/pdf/us/help/community/EN-NOCI.pdf
retro_entertainment_collectibles
·3 years ago@slippinjimmy is spot on with you're problem. In addition you can file with the Government pursuant you're situation. Here's the URL of instruction on how you might proceed: https://www.justice.gov/criminal-ccips/file/891011/download
1786davycrockett
·3 years agoUnfortunately, the link provided is to the United States Department of Justice, which does not have jurisdiction in the Philippines. Since the crime was committed in the Philippines, the OP would have to make his case in the proper jurisdiction, applying the Philippine copyright law, which may be drastically different from American copyright law.
Here's an example of the different jurisdictions of copyright law:
Years ago, when I worked for an American comic book company, one of our British comic book writers created a comic book story, based upon a short story written by W. Somerset Maugham. While it had received approval by the American publisher, I pointed out that the Maugham short story was still protected under American copyright law, although it had become public domain under British copyright law. To avoid being sued by the Maugham estate, we had to request a special dispensation from the American copyright holders, proving that we were a publisher of "educational publications", with no expectations of making a profit on the product. And only then could we publish the story in comic book form.
So who knows what the standards may be under Philippine copyright law.
dentalsales4u
·3 years agoA few sellers here on eBay were using photos from our company website.
I did a Vero report on these sellers and eBay did removed the listings.
The sellers had to redo their listings using their own photos, so using the Vero program does work.
Good luck to you
krazzykats
·3 years agoI always wondered. Can you claim copyright if you didn't make the item in the photo?
If I take a picture of Barbie, using my doll & props, can I copyright the picture if the barbie is for sale? Am I copyrighting the composition of the picture?
I didn't make Barbie, so can't see how I can copyright her period. ðŸ˜
ittybitnot
·3 years agoI always wondered. Can you claim copyright if you didn't make the item in the photo?
@krazzykats
The copyright issue here is for the PHOTO, not the product. As other's have suggested, so long as the 'stolen' images were snagged from the OP's website, and not stolen from another eBay listing, the takedown notice to eBay should work if made by the website owner.
a_c_green
·3 years agoIn addition, the OP can certainly watermark his own photos on his own website, which should cut down on the problem of copying by other sellers. He has stated in Message 8 of this thread that he's not using his photos in listings here, so he's not the one introducing them to the eBay platform.
the_fancy_fox
·3 years agoJoin VERO and report them. Ebay will take them down.
1786davycrockett
·3 years agoSince the seller who is using your images is situated in the Philippines, you will need to pursue actions against that seller in the jurisdiction in which the copyright abuse took place (i. e., the Philippines). Be aware, however, that copyright law in the Philippines may differ from copyright law in the United States; and a judge in the Philippines may be more sympathetic to an inhabitant of the Philippines, than to a foreigner -- no matter WHAT the nature of the law.
And, since the injured party is the OP (and not eBay), it is not eBay's responsibility to do anything, unless you subscribe to the VERO program.
slippinjimmy
·3 years agoYou DO NOT need to "register/subscribe" to Vero. ANYONE can file a Notice of Copyright Infringement (NOCI) with eBay. The Vero program was set up for Copyright holders to enable them to file NOCI's easily in bulk.
carolynnq
·3 years agoIf the photos aren't used on ebay and are completely your work, you can apply to the Vero program.
https://www.ebay.com/sellercenter/ebay-for-business/verified-rights-owner-program
alamrcn
OP3 years agoI thought the OP was clear, but maybe not...
I do not sell these items on eBay, and they have never been used by me on eBay. The photos are from my personal website, owned by me, where there is a copyright statement.
caldreamer
·3 years agoEBAY allows anyone to use photos shown in your listing. All you have to do is click "sell similiar" and all the text and photos appear. EBAY permits other people to use your photos.
Unless you have officially received "copyright" from patent attorney for your photos...they are "fair game" for anyone to use.
That being said...I understand for frustrating it is to take "the perfect photo" and have someone else use it.
slippinjimmy
·3 years agoPatents are not Copyrights, copyright on a image exists from the moment the image is created, no registration is required although it "may" be helpful if you initiate a copyright infringement case against an unauthorized user.
farmalljr
·3 years agoIf YOU posted the photos in your listings, you do not own the rights to those images. You gave up that right when agreeing to use the platform.
If they are NOT used in your own listings here, you do have some recourse. You can become a registered VeRO and then could take down any of the listings you see offering your products that are unauthorized to do so. Becoming VeRO approved is the only way, short of a lawsuit, that you can protect your intellectual properties.
slippinjimmy
·3 years agoSimply NOT true, when you open an eBay account you give eBay a RESTRICTED LICENSE to use your images for certain purposes. The ownership remains with the creator of the image.
farmalljr
·3 years agoWere that true, then other sellers could not use your images in their listings. eBay would have been sued out of existence.
Whatever pictures you post (or anyone for that matter) are eBay's for eBay's purposes. They extend the use of those photos by default by allowing users to use those photos in their listings. True, users can't legally copy your images and sell them if you have them copyrighted. But if you do not take legal action against them, or register with VeRO and take down those listings, you can lose your copyright by allowing the public use of them.
Some people complain to eBay and nothing more. If you don't take legal action, at some point you will lose your right to defend your intellectual property.
You can tell me I'm wrong again if you want. Doesn't matter. I'll just point you to Fender guitars and tell you again, if you allow public use and do not pursue legal action against offenders, you will lose your protections.
slippinjimmy
·3 years agoFrom the eBay User Agreement:
lamber9347
·3 years agoYour photos are not copyrighted once you've used them yourself on this platform. It's in the user agreement that others can use your photos themselves. It's a part of the internet that many confuse. Watermarking your photos is also not permitted. Not much you can do in this case either, caveat emptor for all buyers. Also, against the rules of this forum to name and shame another user. I'm sorry, not what you want to hear. Those who purchase a reproduction may want to go to you for an original so you can think of this as promotional for your original items. Best of luck to you....
alamrcn
OP3 years agoI am a collector, not a seller, and my photos have never been used on eBay. Copyrighted images found on the internet are not communal property.
lamber9347
·3 years agoThen your question was already answered when you were informed about the veRO program. Best of luck to you....
slippinjimmy
·3 years agoYour copyright never expires until well after you are dead!
When you open an account with eBay you give them permission to use your images in certain ways but the copyright itself is yours, remains yours and NEVER becomes the intellectual property of eBay.
stainlessenginecovers
·3 years agoIf the item and/or photos are YOUR copyright; you can join VERO on eBay and file a complaint.
Verified Rights Owner Program | Seller Center (ebay.com)
mtgraves7984
·3 years agoDoes eBay have the legal obligation to stop this practice, and what additional actions could I take?