eBay

apsolutions · ‎09-07-2021

I have been on ebay for 22 years and have never had a situation like this. I contacted by a potential customer asking me if what was shown in my listing was what they would actually get and if the photos shown were actually mine? I found this odd and inquired affirming that everything in the listing was mine and was genuine. She informed me that is doing a search for the item she was looking for my photos came up in 2 other listing under 2 other usernames - my hand and the piece of jewelry - identical - they stole my photos. I investigated further to see the word play they were using and with their title and my photos they were not remotely selling anything that resembled the photos. Unfortunately there are people that think they can get a 2 carat diamond for $111. Every jewelry listing they have - had the same description which does not say what you are buying, people are buying based on a title and photos - stolen photos. One of his user ID's has 36 negatives for fraudulent selling and they say that they are in New Jersey but they are not - they are in India. I have spoken to ebay multiple times and they keep saying they are working on - It has been 6 weeks and this is not OK. And by using my photos it ties me to a scammer that is involved in mail fraud and other activities - why is this OK, why is it not taken care of. I am quick to get a slap ion the wrist for an error or a ding for shipping something one day late and this is allowed to continue? I have reported the user ID on both of the accounts multiple times and reporting each listing multiple times. After I went to the listings to check them out I started getting offers from the fraudulent buyer on the listing showing my bracelet, my hands and my photos - trying to scam me into buying something with my own photos!!!! I am getting ready to message everyone that left negative feedback for fraudulent behavior to be sure it was reported to ebay - what else can I do to get these listing taken down that are using my photos and the reality is this person needs to be thrown off ebay. Any suggestions?

caldreamer · ‎09-07-2021

Once you post photos they belong to EBAY and anyone can use them. You could try contacting SELLER directly and demand they stop using your photos. Tell them you are going to report them to EBAY (that might scare them off).

skeletonstore · ‎09-07-2021

Lot of people are basically telling you that copyright laws in the US have changed. I would sure like to see a link to the HR Bill and signature from president that intellectual property no longer matters and as so many are suggesting above once you upload a photo to ebay or I guess anywhere(people are not trying to suggest ebay is a separate entity like another country right?)you waive your rights. You don't. That is the short answer because it doesn't require a long lecture to explain the obvious. Ebay can't change federal law by getting you to click some update to a "user agreement". Ebay is BOUND by FEDERAL LAW. Congress gave them safe harbor in exchange for responding to copyright claims, it's called "SAFE HARBOR". In lay person terms it means they can't get in trouble(sued)for copyright infringement because they are a venue(independent). Try to imagine what would have happened to youtube/google if they didn't have the same benefit. I have filed numerous DMCA take down notices on Ebay, Amazon, Youtube and many other websites and do not get rejected because it's not part of the deal. You are making a legal demand similar to a cease and desist when you file a DMCA take down. Vero@ebay.com or you can also mail the complaint to eBay Inc. 2145 Hamilton Avenue San Jose, California 95125.

skeletonstore · ‎09-07-2021

Let me take in one step further and say when you file your DMCA identify the infringement by link and that is all. You are under no obligation to prove it is yours. Ebay is required by law to accept your statement under penalty of perjury. That's it. The guy who took your photos doesn't expect this. He is in for a rude awakening if you file the claim.

skeletonstore · ‎09-07-2021

Let me point out another fact he has no appeal for recourse via Ebay after Vero takes action. He will receive a message(MC999 or whatever) indicating you filed a copyright claim against him and a warning not to relist the item(picture)or risk further actions(suspension). He will have to travel to the US and file a counter claim in court. He is not going to do that.

american-photography · ‎09-07-2021

Watermark your images with your Ebay name to discourage theft.

fashunu4eeuh · ‎09-07-2021

@american-photography wrote:
Watermark your images with your Ebay name to discourage theft.

Hi, your suggestion is a good one if this were not eBay. The picture policy stipulates that watermarks are not allowed.

https://www.ebay.com/help/policies/listing-policies/picture-policy?id=4370

fashunu4eeuh · ‎09-07-2021

@ittybitnot wrote:
then an attorney could draw up a letter telling them you will sue if they do not remove your images. You would then take them to small claims court.

@fashunu4eeuh

Somehow I don't think a criminal operating out of another country is going to be too impressed with the threat of "small claims court" or any type of legal action on the part of eBay due to some 'investigation'. Just sayin'

If the errant ID starts costing eBay some bank, then something will be done. I would surmise that what the eBay CS told the OP about some "investigation" is just a made up story.

Ack! Thank you @ittybitnot for pointing this out. Apologies to the OP. I missed the part about the scam seller being in India.

gjs_16 · ‎09-07-2021

@skeletonstore wrote:
Let me take in one step further and say when you file your DMCA identify the infringement by link and that is all. You are under no obligation to prove it is yours. Ebay is required by law to accept your statement under penalty of perjury. That's it. The guy who took your photos doesn't expect this. He is in for a rude awakening if you file the claim.

I am definitely thinking of taking action in this regard, there are a slew of copycat sellers who stole not just my pictures but also my invention (granted it's a simple garage trick to modify an existing product so that it is the equivalent of an NLA part)... And I would not have been so upset if it were not for the fact these individuals copied everything... The listing, the pictures, the item, even the specifics and the description and it is clear it is copied because the sellers have no clue what the product actually is because apparently they can't even copy correctly. That and the prolificacy of it, we're not talking a few individuals but literally hundreds!!! All over, they went to amazon and even on walmart with it...

It shot right through my sales, I used to sell a few thousand dollars worth a year...

Now, maybe $100-$200...

It's not just one product either, but it is the one that has me the most aggravated.

Unfortunately, I also see this being taken advantage of in some order.

skeletonstore · ‎09-08-2021

When someone steals my listing description and maybe changes things around a bit using my unique thoughts I edit my own listing and point out the difference. I make the argument to buy from me because the other offerings are inferior.

With inventions that could involve patents and I'm not sure how you'd go about protecting that unless you got a patent. I've had a listing removed for using a very basic title because a company who had a license didn't like their product would be called the same thing. To me it was ridiculous because all it consisted of was a common word and a year. It was probably defensible. In that instance I think it was abuse of the tool.

I don't have a very successful Ebay store but do know a couple things because of frustrations over the years selling on Ebay. Descriptions matter very little these days when ebay continues to insist on it be an optional tab. All that really matters (unless you want to get into how item specifics affect search)is the title, price, shipping policy but most important of all that 1st picture. If your picture just wows em or becomes iconic in some little way it's worth something. That is why they steal it. They're piggybacking. I've had people steal my photo for that same reason like the OP said and sell a totally different item.

Thing is if you don't nip it in the butt as they said it can turn into a mountain or even an avalanche. I dabble in music and used to have one of my songs pirated. It was a Beatles parody so people started adding it to fake Beatles albums. I find them on Ebay to this day. I even found my song on vinyl on this site. Most of the bootlegging is off of Ebay but if I see it I just don't sit back and allow that to become the trend. Some little websites used to give my a hassle but I haven't had any problems with big websites if I checked all the boxes. I'm no lawyer and you don't have to be a lawyer to file a DMCA. However you've got to be a little German Shepherd or people will harvest what you sow.