06-03-2021 03:40 PM
If I have reported a listing/item to eBay as infringing on copyright/intellectual material, what is the likelihood of eBay taking action and how long does it usually take?
Backstory: the photo being used in another persons listing is mine (not a stock photo or generic item that they could also be selling, my photo of a handcrafted item with my farm/business name clearly on the label. I believe that they are using this to scam as I do not sell wholesale for resale and they would have no way to access the product except for purchasing it directly through me, which they haven’t). I very much don’t want others to be scammed and have it be in any way associated with my farm/business.
Is there any other action I can take beyond the very generic reporting?
06-03-2021 03:43 PM
To be honest, eBay does nothing when someone uses another users pics.
Here's the policy as proof. They even suggest you contact the offending party, which is probably the worst thing you could do.
06-03-2021 03:48 PM
You can watermark your photos.
06-03-2021 03:54 PM
Thank you for replying and the info.
Well, **bleep**... that sucks. If it just happened to be my photo of a generic item that they could also be selling, I really wouldn’t care, I just hate that I’m positive that this person does not have the item that they’re selling and the labeling is associated with my business.
06-03-2021 04:14 PM
eBay won't do anything about it, but you can always email the seller and ask them to please remove your original photo that you "own the rights to". It's a little intimidating at first, but I've done it several times - most sellers didn't have a clue they were hijacking a photo from another seller and took it down immediately.
06-03-2021 04:20 PM
If eBay took action against every copyright/intellectual property and patent violation about half of the items listed by the Chinese and Russian sellers would have to be removed. Their governments support and back the counterfeit operations that copy about anything you can think of. It has been an ongoing political battle for quite some time.
06-03-2021 04:23 PM
06-03-2021 04:31 PM
eBay policy:
"When you create listings you give eBay and it's members permission, through our user agreement, to use your images 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."
Full policy here:
https://www.ebay.com/help/policies/listing-policies/images-text-policy?id=4240
06-03-2021 04:36 PM
@littlebumblebeefarm Try to look at this differently. If the seller really doesn't have the item than they will end up with a return case or have to cancel. It will be their issue to deal with, not yours. Maybe the seller purchased it themselves from someone you sold this to, who knows?
You are not the person selling this so it's not attached to you, even if your logo is on it. It may end up being more advertisement for your work. You could end up getting more orders in the end. Sometimes good can come out of bad. Best of luck to you....
06-03-2021 04:37 PM
Sorry..
They stopped caring about our intellectual property when they started building their catalog of images. They encourage use of other sellers images..
I've had to deal with it twice, I was kind & explained that my items were "one of" and that if they had the same item, the wear, grain etc will not be an exact match and could cost them an INR case etc... I told them they would want to take their own photos to show the exact item a buyer was receiving.
In my case it was newbie sellers and they understood & took the images down.
Sorry @littlebumblebeefarm It's an uncomfortable situation but start out helpful & kind.. Hopefully they'll comply.
06-03-2021 04:40 PM - edited 06-03-2021 04:42 PM
It still is against policy to use another seller’s text and images. Except if eBay has your data in their catalog, any seller can use it, as we all agreed to those terms when signing up for an eBay account. What has changed however, is eBay no longer gets involved in the errant use of another seller’s intellectual property, unless they are a Vero member. If a Vero member complains, ebay will remove the offending listing.
I suggest you contact the seller and request they cease using your image. I don’t know if pointing to the policy would be helpful, but that certainly is an option. I see another poster has included the link to the policy. For ease of use, i have included it again. Good luck.
PS—Watermarks are not allowed on listing photographs. See that policy link below.
https://www.ebay.com/help/policies/listing-policies/images-text-policy?id=4240
https://www.ebay.com/help/policies/listing-policies/picture-policy?id=4370
“The following are not allowed:
06-03-2021 04:48 PM
06-03-2021 05:06 PM
@bigdeals.etc wrote:
@popblox wrote:...most sellers didn't have a clue they were hijacking a photo from another seller and took it down immediately.
Hahahaha. C’mon now... and most buyers actually had their cats purchase your items without their permission.
I mean, I get the reaction and I thought the same thing, but most (not all) of them said they got the photo from a google search. When I would search for the item on google, I'd find the photo of mine they were using in the top 5 google image results.
Maybe they all lied and just got really lucky that their deceptive fibs also happened to be the truth 😉? I don't really care either way - they can lie to me til the cows come home as long as they take it down.
06-03-2021 05:24 PM - edited 06-03-2021 05:27 PM
@fashunu4eeuh wrote:Oops, sorry @maxine*j
My reply just repeated some of the info in your post. Going to the slow typer’s corner now!
No problem. I cross-post with others all the time. Great minds and all that, right? 😊
Plus, I think there's now a lag with the posts that didn't exist before, too, so my post may not even have been showing when you started yours. I am willing to swear that it has happened to me. In this case, mine was more or less a repeat of gkn's!
=
06-03-2021 05:36 PM
I've had literally HUNDREDS of my headings and item descriptions copied word for word in other sellers listings. Somehow my text is inserted into eBay's stock catalog for others to use. I take time and care to created the most information dense and eye-catching headings only to often find myself competing with another member selling the same exact item using MY TEXT. It's infuriating to have to compete against myself.
Currently you can report the listing through the VERO program and eBay will take ZERO ACTION EVER. They could care less if it infringes on your intellectual property and your hard work as long as they can make a nickle profit. You can also call and report the listing/seller to an eBay representative as I've done dozens upon dozens of times and they will do NOTHING. It is truly despicable.