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.

[mtgraves7984]

It's true... your photos can be used by others here. With that being said... I don't think it's a good idea to use anything besides actual photos of the actual item for sale.

[3576betsyd]

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.

[donsdetour]

Again if you are listing on eBay you give to  them the rights to the photos and descriptions and othesr can use them:

Read your user agreement.

[varebelrose]

The other seller was 100% correct. Not saying that I agree with it, but...

"When you create listings you give eBay and its members permission, through our user agreement, to use your images, videos and product details. Your content may be added to the eBay product catalog, and may be used by other sellers in their eBay listings."

https://www.ebay.com/help/policies/listing-policies/images-text-policy?id=4240

[jayjaspersgarage]

"It's true... your photos can be used by others here. With that being said... I don't think it's a good idea to use anything besides actual photos of the actual item for sale."

That's the key point.  Other than being lazy why would someone use a photo of the wrong item.  Multiple possible answers.  Many of my items are unique and are coming from one of four estates.  Of course I don't list most of them on-line as I have live in person sales.  The sale this past weekend was fabulous!  I saved $650 in shipping, pocketed $2,800 and paid no space fee.  I do list a few things from Hollywood but I am careful about it.  You won't find any movie worn costumes on ebay from me.

They don't own a camera.  Unlikely.

Their item is an exact replica with the same packaging so why bother?.  Perhaps.

Their items are in poor condition and they take the risk of getting INAD cases.

[3576betsyd]

I understand about the eBay product catalog. Based on that, I guess my question is, if my photo is not one chosen by eBay to be used in the eBay product catalog, then does another seller have the right to go to my auction and copy my photos.

[downunder-61]

Another thread about this

https://community.ebay.com/t5/Selling/Copycats/td-p/32304716/jump-to/first-unread-message

[dhbookds]

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@3576betsyd wrote:

I understand about the eBay product catalog. Based on that, I guess my question is, if my photo is not one chosen by eBay to be used in the eBay product catalog, then does another seller have the right to go to my auction and copy my photos.

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Pretty clear to me they do:

What should I do if my image, video or text is being used by another member?

When you create listings you give eBay and its members permission, through our user agreement, to use your images, videos and product details. Your content may be added to the eBay product catalog, and may be used by other sellers in their eBay listings.

You may contact the member and ask them to remove your image or text from their listing if it is not part of the eBay product catalog.

Note that "you may contact the member and ask........"  Does not say they must remove anything......

https://www.ebay.com/help/policies/listing-policies/images-text-policy?id=4240

[3576betsyd]

But what if the item in question is not part of the eBay product catalog? Some of the items do not use normal UPCs, so there is no product catalog to reference.

I understand what everyone is saying. I guess I am just confused by the contradictory nature of the entire policy in the link, since it also has this part on the same page:

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.

[inhawaii]

I would contact the other seller and tell him that after further research, he was right and you were wrong.

Thank him for taking down your pictures.  I'm sure he will appreciate it. 

He obviously feels the same was as you do about it. 

[3576betsyd]

The thing is though, looking at what everyone is saying, I think both are right and both are wrong. If my photo was chosen to be part of eBay's product catalog, then yes, the other seller has the right to use the photo and I understand that.

However, if there is no product catalog for this item, which I believe is based on UPCs or in this case lack thereof, then the seller needed to obtain my permission to use my pictures from my auction.

[dhbookds]

I think they are trying to discourage sellers from using other's info.......but they do not want to get into having to arbitrate the 1000's of cases that could arise from  outlawing it........

But bottom line is, sellers can do it.........

[skeletonstore]

Listen to ME not others,  I even accidentally noticed in the latest fall update Ebay reaffirms what I've always knew but still carry on ambiguously as you've seen.  Having said that, forget about all that and understand copyright law has NOT changed.  If someone is using your pictures you do not have to ask ebay or them or if it is okay.  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.  You do not have to prove anything.  You are not ASKING ebay if they can do something, you are TELLING Ebay what to do.  There is a world of difference.  It is your right.  Ebay has been dabbling with catalog blah and figure that most people are ignorant and or wont care.  Thing is,  if you do care they will HAVE to act.  There is no exception once you file a take down notice.  They would lose safe harbor to act otherwise.  Trust me. I have done this 100's of times on Ebay and elsewhere.  

[popblox]

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@skeletonstore wrote:

Listen to ME not others,  I even accidentally noticed in the latest fall update Ebay reaffirms what I've always knew but still carry on ambiguously as you've seen.  Having said that, forget about all that and understand copyright law has NOT changed.  If someone is using your pictures you do not have to ask ebay or them or if it is okay.  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.  You do not have to prove anything.  You are not ASKING ebay if they can do something, you are TELLING Ebay what to do.  There is a world of difference.  It is your right.  Ebay has been dabbling with catalog blah and figure that most people are ignorant and or wont care.  Thing is,  if you do care they will HAVE to act.  There is no exception once you file a take down notice.  They would lose safe harbor to act otherwise.  Trust me. I have done this 100's of times on Ebay and elsewhere.  

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This used to work for me, but since 2018 I have tried filing a NOCI with VeRO several times and it didn't work. The  response I always got back from VeRO was "We used to honor these requests, but VeRO no longer participates in these matters. You can try contacting the seller and asking them to remove the photo".

When was the last time you successfully submitted a NOCI to VeRO and they took down the listing using your photo? Just trying to figure out what I'm doing wrong.