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.

[abfabvintage]

Am curious, what documentation are you talking about?

[singular-source]

Contact a lawyer if you really think there are damages....I doubt there are.

[releasethekraken_1]

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jasmen@ebay wrote:

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@3576betsyd you would need to go through the legal process to copyright them. You can then register with our Verified Rights Owner team to take action on anyone using photos you own the rights to. I can't give legal advise but if you do a quick Google search you can see some easy ways to get started if you'd like, but it's totally up to you.  

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Again, as already posted, THERE IS NO LEGAL PROCESS NECESSARY TO COPYRIGHT A PHOTOGRAPH.

You say you can't give legal advice, but that's EXACTLY what you're doing, and it's 100% wrong. Why don't you read the link to the Copyright Office website that's been provided?

[singular-source]

Promise you had more than one seller do that.

[3576betsyd]

@singular-sourceAs the one who posed the initial question, I do not think there are damages, I am honestly trying to understand a policy that seems to take both sides of the argument. For those who remember "back when" eBay was firmly against using stock or someone else's photos, but I do understand that takes manpower and time to enforce.

[3576betsyd]

And for those wondering, this is the second time this year I have seen others using my pictures, and the first time ended quite stupidly.

I had a puzzle listed, and another seller had the same puzzle so he decided to use my picture. Whatever algorithm eBay uses when it chooses listings to send offers to allowed me to send an offer on the puzzle in question to 2 users, one of which was this other seller. That seller, thinking I was making an offer on THEIR LISTING since he used my picture, accepted and then got all cranky when I SENT him an invoice, since he did not catch the fact that I sent him an offer on my listing, and did not make an offer on his listing.

[singular-source]

Honestly, I don't really care if someone uses my pictures.  The seller is losing an opportunity to describe their item accurately.  Fly by night comes to mind.  If you're selling new product regularly, I imagine I would change my opinion.

[releasethekraken_1]

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@3576betsyd wrote:

And for those wondering, this is the second time this year I have seen others using my pictures, and the first time ended quite stupidly.

I had a puzzle listed, and another seller had the same puzzle so he decided to use my picture. Whatever algorithm eBay uses when it chooses listings to send offers to allowed me to send an offer on the puzzle in question to 2 users, one of which was this other seller. That seller, thinking I was making an offer on THEIR LISTING since he used my picture, accepted and then got all cranky when I SENT him an invoice, since he did not catch the fact that I sent him an offer on my listing, and did not make an offer on his listing.

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You're not the only seller who's had that happen. We've had complaint threads from people on both sides of that fiasco.

[cstpos]

@3576betsyd  I always read that as being any pictures uploaded to the ebay site then become part of the ebay catalog, and can be used by other people. If a seller copyrights their photos, then that's different.

As others have said, it's not a good idea to use pictures of anything other than the item you are selling.

I would message that other seller back and apologize. They were super-nice in their reply in trying to explain it to you.

It is kind of shocking (and confusing) when you see your photos (background, etc) and it's not your listing.

[releasethekraken_1]

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@cstpos wrote:

@3576betsyd  I always read that as being any pictures uploaded to the ebay site then become part of the ebay catalog, and can be used by other people. If a seller copyrights their photos, then that's different.

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Every photograph you take is automatically protected under copyright law.

[a_c_green]

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@glasser wrote:

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. 

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Not exactly... Sell Similar is a function for copying one of your own listings (past or present) as the basis for a new one, and that brings in everything to the new listing: Title, Item Specifics, photos, description, the whole nine yards.

The similar operation for using someone else's listing is known as "Sell Like Item" (the page you get when clicking on the "Have one to sell? [Sell now]" link), and that does not give you the other seller's photos or description. All you get to start with in a Sell Like Item process is the listing Title (which cannot be copyrighted), the listing category(s), Item Specifics and some other minor details. If anyone wants to copy the other seller's photos or plagiarize their description, they will have to do so manually and deliberately.

[jasmen@ebay]

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@releasethekraken_1 wrote:

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jasmen@ebay wrote:

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@3576betsyd you would need to go through the legal process to copyright them. You can then register with our Verified Rights Owner team to take action on anyone using photos you own the rights to. I can't give legal advise but if you do a quick Google search you can see some easy ways to get started if you'd like, but it's totally up to you.  

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Again, as already posted, THERE IS NO LEGAL PROCESS NECESSARY TO COPYRIGHT A PHOTOGRAPH.

You say you can't give legal advice, but that's EXACTLY what you're doing, and it's 100% wrong. Why don't you read the link to the Copyright Office website that's been provided?

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Hey @releasethekraken_1 not giving any legal advise, no one has to register any of their photos at all. IF you'd like eBay to take action on someone using your photos then we do need specific documentation. You check out our Verified Rights Owner Program to learn more about it. 

I'm  not trying to argue with anyone here, just give info to the OP wondering what options they have. Hope you have a great day! 

[this*old*attic]

eBay claimed ownership of all pics a few years ago and allowed grabbing others’ photos….. wait for it…. to provide buyers with a uniform experience.

They did the same thing with guides various users wrote, so many pulled theirs down.

Do they even have those anymore.

[donsdetour]

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jasmen@ebay wrote:

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@releasethekraken_1 wrote:

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jasmen@ebay wrote:

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@3576betsyd you would need to go through the legal process to copyright them. You can then register with our Verified Rights Owner team to take action on anyone using photos you own the rights to. I can't give legal advise but if you do a quick Google search you can see some easy ways to get started if you'd like, but it's totally up to you.  

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Again, as already posted, THERE IS NO LEGAL PROCESS NECESSARY TO COPYRIGHT A PHOTOGRAPH.

You say you can't give legal advice, but that's EXACTLY what you're doing, and it's 100% wrong. Why don't you read the link to the Copyright Office website that's been provided?

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Hey @releasethekraken_1 not giving any legal advise, no one has to register any of their photos at all. IF you'd like eBay to take action on someone using your photos then we do need specific documentation. You check out our Verified Rights Owner Program to learn more about it. 

I'm  not trying to argue with anyone here, just give info to the OP wondering what options they have. Hope you have a great day! 

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This is the part of the user agreement that takes care of all of this.

9. Content

When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against eBay, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of our Services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. eBay takes no responsibility and assumes no liability for any content provided by you or any third party.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including eBay users). You may use that content solely in your eBay listings. eBay may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data, but cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that eBay is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.

The name "eBay" and other eBay marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of eBay in the U.S. and other countries. They may not be used without the express written prior permission of eBay.