Picture Usage

[3576betsyd]

Yesterday, I got into a conversation with another seller via messaging about one of their auctions they had that was using my pictures of the same item. My pictures are ones I took, not stock photos or photos from other websites. Below is the conversation we had, but I figured I would ask my question here above the quoting - Can you use someone else's pictures without permission?

When I asked him to remove the pictures, he replied:

I'm sorry but I recently researched this issue with ebay. Once you upload your pictures to ebay they become part of ebay's catalog and anyone is allowed to use them. I actually called ebay myself a few weeks ago to question this about one of my pictures being used and they specifically advised me of this. I've been selling for over 15 years and just learned this last month. Good luck to you.

To which I replied

Please remove my pictures, as I have contacted eBay previously in the past and they have ended those auctions. I too have been selling for over 15 years, and I understand about using stock photos but these are my pictures on my table with my background and MY item.

I figured I would reach out seller to seller first before contacting eBay.

BTW, from eBay's own support pages:
https://www.ebay.com/help/policies/listing-policies/images-text-policy?id=4240

If you're not using content from the eBay product catalog, you should use your own when creating a listing. If you're using someone else's photos, videos and text, make sure you have permission from anyone that has any rights to that content.

You never asked permission.

Thank you

He has since removed the pictures, but still swears it is OK to do this:

Yes I know your frustration. I only started using other photos from other sellers a few weeks ago when ebay told me I could. I had a Disney Parks dress taken by myself in my own home and another seller put the same pic up. I called ebay and asked them and they specifically told me this. I was very surprised myself as I always thought it was copyright issues and they said no those pictures are now part of ebay's catalog and free for anyone to use. You may want to call them to ask them this yourself as I didn't believe it myself until I called.

I'll use another picture and replace yours now as I see you are upset and I don't want to do that. But please research this and I'm sure you will be as surprised as I was about the picture policy. It is good to know info moving forward with selling.

[glasser]

I am not 100% sure on this but believe you can claim anything you create as copyrighted when it is created. You don't have to register it. So you could conceivably add the copyright to photos and listings. VERO is more about registered trademarks and the right to use of names and proper attribution of marks. Like you can't use velcro unless you acknowledge the trademark or have permission

Not sure how eBay handles copyright issues, or if they do. But their sell similar functions is certainly a problem in this regard as well. 

If eBay is claiming that every photo that gets uploaded is in the catalog that would seem kind of sweeping and broad.

[varebelrose]

"...anyone that has any rights to that content."

Unless someone has specifically copyrighted the material, once they upload here they no longer have the rights to it.

[skeletonstore]

My Ebay business has been dead since that year.  I can't find an instance of late(2016).  In 2018 I was hit with a pretty ridiculous trademark infringement claim by a company who only had a license to reproduce the rights holders' trademark.  Let me think.  Technically it's suppose to be in writing as in mailed to the venue/forum(physical address)but I've only rarely had that problem not on Ebay.  I find this hard to believe unless ebay is outsourcing or sticking a non legal entity in the way to try and dissuade claims.  Like I said I even accidentally came across a section of the fall update that said Ebay is blah blah blah committed to protecting intellectual property.  If Ebay told you that,  they violated federal law and realyl have no right to claim safe harbor.  They would actually be complicit at that point.  I had trouble with Amazon at first since it's harder to contact their legal department but I never gave up.  Our country(government) is so messed up right now perhaps corporations think they can get away with anything if some "user", "member", customer" checks off some user agreement box.  That's not how it works.  You can't just say oh check of this box that says you forfeit your rights to be free and become my slave.  That would take a lot more than a form. This isn't a rule,  this is federal law.  You made a declaration that under the penalty of perjury you affirm that the alleged item violates your rights(intellectual property)?  You physically signed it in some way?  You don't have to do more than that.    

[popblox]

I agree with all of that, but there's really nothing we can do about it anymore. I mean, I'm sure there's something we could do about it, but I don't have that kind of time. I spend days, sometimes weeks, on my photos when I list a new assortment of items and they get ravaged by other sellers almost as soon as I put them up.

[skeletonstore]

I won't tolerate it.

[*madison]

Only bone idle lazy sellers use other sellers pics.

[heckofagame]

I had a seller actually use my listing word for word. Same title, same description. 

[jasmen@ebay]

Hey @3576betsyd I wanted to jump in here to just give some clarification! Basically unless you own copyrights on the photo anything that's posted on the internet can be screenshotted and used. The only way eBay can enforce anything and step in is if you own the rights.

We do encourage sellers to use their own photos for sure. If you don't take pictures of the actual item you're selling then it can open the door for a return very quickly. You're more than welcome to reach out and ask them to change it, which you did and that's great. However there's no way for us to force it without the documentation. I hope that helps clarify things! 😁

[releasethekraken_1]

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jasmen@ebay wrote:

Hey @3576betsyd I wanted to jump in here to just give some clarification! Basically unless you own copyrights on the photo anything that's posted on the internet can be screenshotted and used. The only way eBay can enforce anything and step in is if you own the rights.

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This may be the most utterly absurd statement ever made by an eBay employee. Copyright is conferred on the creator of a photo/written work/etc. AT THE TIME IT IS CREATED. It’s AUTOMATIC, as set forth in the Copyright Act of 1976. The creator isn’t required to register the photos in order to have copyright protection.

Absolutely unbelievable. You need to remove your post. And eBay needs to stop people from using stolen photos.

[luckythewinner]

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@skeletonstore wrote:

 File a DMCA take down via vero and if you use the proper affirmation and sign it which is as simple as using a form Ebay is OBLIGATED by FEDERAL LAW to remove it.   

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This is simply not true. 

The DMCA does not require a website to remove content when a Notice of Claimed Infringement is filed. 

All the DMCA does is grant immunity from liability to those websites that choose to remove content when a Notice of Claimed Infringement is filed.

The DMCA offers websites a liability shield; it does not punish them if they choose not to take advantage of that liability shield.

If eBay wants to assume the risk that they might be found liable for a seller's misuse of a listing photo, eBay is free to do so. 

[3576betsyd]

jasmen@ebay Thank you for replying, I do have a question concerning what you said. How are you defining copyrights, as if I take a photo of an item I own and is in my possession, on a unique and identifiable table, with a unique and identifiable background, that should qualify as copyrighted, correct?

The other seller in question was noticed by a friend and fellow seller who saw their photos being used by this person, up to and including photos with their hand in the picture, and saw one listing with my photo, which is noticeable based on the table I am taking the pictures on. Would their pictures that include their hand holding the item be counted as "copyrighted"?

[heckofagame]

This sounds great. Let's all start filing forms and taking legal action against each other. That would break the boredom of working on our listings. Well, at least for those of us that have them...

[bashort]

ebay used to take these down but I dont think they will anymore, I quit worrying about it, I will sometimes message the seller and tell them how great their pictures are.

[releasethekraken_1]

From the US Copyright Office website:

When is my work protected?

Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?

No. In general, registration is voluntary. Copyright exists from the moment the work is created.

https://www.copyright.gov/help/faq/faq-general.html

I can’t believe a multi- billion dollar corporation would allow an employee to post such a blatant misrepresentation of the law. 

[maxine*j]

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@3576betsyd wrote:

I understand they CAN be used, but is it allowed?

That seems in direct contradiction to eBay policy as I posted above. Why have the policy on your website just to tell users they can ignore it?

If you're not using content from the eBay product catalog, you should use your own when creating a listing. If you're using someone else's photos, videos and text, make sure you have permission from anyone that has any rights to that content.

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But you gave up your rights to the content when you used the photos on eBay and transferred the rights to eBay.

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