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Seller using my photo for his/her listing?

Seller is using my photo for his/ her listing. I have reported it to eBay today but i have never seen a report taken seriously. I have tried messaging the seller but no response. Is there anything else you would advise?

Message 1 of 13
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Re: Seller using my photo for his/her listing?

Unless its a copyright picture you dont have much of an argument. People use stock photos and others photos all the time. Not saying its right. Just likely wasted energy with ebay customer service.
Message 2 of 13
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Re: Seller using my photo for his/her listing?

ebay won't do anything.......several years ago they, in the user agreement,  made all pictures posted "their property" to use in the catalog....so they won't go after sellers who use other's photos......

Message 3 of 13
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Re: Seller using my photo for his/her listing?

It used to be against policy to use someone else's pics or texts. But eBay changed that rule. They do still urge members to use their own images and texts, or to ask permission from the entity or person whose pics were “borrowed.”

However, if you took your pictures yourself, you then own the copyright and someone using them without your permission could be violating your intellectual property rights..

 

Below are some links that might aid your search for how to handle the issue now. 

 

https://www.ebay.com/help/policies/listing-policies/images-text-policy?id=4240#section1 

 

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

 

 

 

Message 4 of 13
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Re: Seller using my photo for his/her listing?

I have tried, they will send you to read all these various articles and long story short it is all a very big waste of your time, I'm not even sure watermarks are still allowed.  Your best bet is to sell lots of OOAK items as that tends to send the pilferers in search of easier marks, it's the MQ's that attract the thieves.

 

One thing you might be able to do...

Is to put your store's name in the background of the picture, like maybe have a business card or some other such thing lying alongside your item with either your UserID or your store's name on it.

That might work, anyone copying your pictures will then be advertising for you, keep in mind some bandits may crop your images.

Message 5 of 13
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Re: Seller using my photo for his/her listing?

I wanted to add that watermarks are NOT allowed!

 

From the eBay Fall 2017 Update:

Watermarks are no longer permitted on images uploaded with eBay listings. We will monitor images for watermarks and notify you when we identify images that do not comply with our updated image policy.

Sellers who continue to include watermarks in images will have their listings removed from search if not corrected by March 1, 2018.

 

http://pages.ebay.com/seller-center/seller-updates/2017-fall/policy-updates.html

 

There may also be trouble with the earlier suggestion of using a background with your store's name on it as that may fall under "Placeholder images used to convey messages" and/or "Photos with added text, artwork or marketing material" which is also no longer allowed.

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

Message 6 of 13
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Re: Seller using my photo for his/her listing?

https://www.ebay.com/help/policies/listing-policies/images-text-policy?id=4240#section1%C2%A0

 

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

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.

-------------------------

So basically, IF eBay itself has added your item to the catalog (accessible if they are selling the same ISBN, EAN, UPC) then the other seller likely has no idea it is 'your' image.  It just auto-populated as an option when they entered the ISBN/EAN/UPC code.     However, if your item doesn't use one of those (like 99% of what I sell) there is no way your image is added to the 'stock image catalog', and thus is not allowed for another seller to use.   

 

It IS a major cop-out on eBay's part to put it all on the seller to contact the other seller.  However, any time I have to do it, it has always resulted in the other seller removing my images.  Here is what I say, or similar:

 

"Good day.  I noticed that you are using my images [and/or descriptions].  While I am flattered you thought my images were of such high quality to use, it is against eBay policy to steal another seller's images or text for use in your own listings.   Continuing to use mine or any other seller's images may put your seller account at risk.

 

Thank you for doing the right thing and creating your own images and text.  Best of luck selling, and happy eBaying! -Chad R."

Message 7 of 13
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Re: Seller using my photo for his/her listing?

RE;

 

"Good day. I noticed that you are using my images [and/or descriptions]. While I am flattered you thought my images were of such high quality to use, it is against eBay policy to steal another seller's images or text for use in your own listings. Continuing to use mine or any other seller's images may put your seller account at risk.

 

Please go back and read the above posts, once your image is placed on eBay you no longer have any copyright protection, they own it.  I don't agree with the way eBay has this setup, but it's their site, their rules.

Message 8 of 13
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Re: Seller using my photo for his/her listing?


@redmodelt wrote:

 

Please go back and read the above posts, once your image is placed on eBay you no longer have any copyright protection, they own it.  I don't agree with the way eBay has this setup, but it's their site, their rules.


I am not reading it incorrectly. It is ONLY if eBay puts your image in their own catalog is it no longer 'your image'.  Note how I describe how my situation, and many other sellers, will not result in their images ever being added to the 'catalog'.  Relevant portion:

 

"Your content may be added to the eBay product catalog, and may be used by other sellers in their eBay listings." 

 

So again, ONLY if it is added, by eBay, to the eBay product catalog, may another member outright 'steal it'.  That said, if a seller continues to steal your image after asking them nicely, you have little recourse, which is annoying.  But what I wrote as what I send to sellers that steal my images usually is enough of a 'veiled threat' that they do the right thing.  Again, I think most don't necessarily do it 'on purpose', so sending them that quick note gets results.

Message 9 of 13
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Re: Seller using my photo for his/her listing?


@redmodelt wrote:

 

Please go back and read the above posts, once your image is placed on eBay you no longer have any copyright protection, they own it.  I don't agree with the way eBay has this setup, but it's their site, their rules.


They do not "own" it. the user agreement gives eBay a LICENCE to use the image on the site and authorized third-party marketing services. The copyright ALWAYS remains with the eBay user who supplied the image.

 

As another poster stated this ONLY applies to images included in the eBay Product Catalog NOT every image uploaded by every seller.

 

If someone has used one of your images that is not in the catalog AND you are the copyright holder you can file a DMCA notice and the image will be removed, usually in less than 24 hours and the seller who "borrowed" the image will get a VERO notice.

 

 

Paranoia strikes deep
Into your life it will creep
Message 10 of 13
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Re: Seller using my photo for his/her listing?

Ok maybe I read this differently, In Section 9 I read it as anything you place on eBay becomes theirs and in Section 10 about using images that ARE copyrighted. Reading other things in the past seem to indicate that once the photo was placed on eBay you could not used it anywhere else. I wish I could point in the right direction where that info was found.

9. Content

When you provide content using the 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 the 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 the 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 the 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 the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.

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.

10. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. eBay's Verified Rights Owner (VeRO) program works to ensure that listed items and content on our site or in our apps do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our VeRO team and we will investigate. Learn how to submit a notice to eBay - opens in new window or tab.

Message 11 of 13
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Re: Seller using my photo for his/her listing?

Thanks for the information. I am sure like others there is miss-understanding when it comes to language used in above, not all of us have a background in business so sometimes things are not as clear.

Message 12 of 13
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Re: Seller using my photo for his/her listing?


@redmodelt wrote:

Ok maybe I read this differently, In Section 9 I read it as anything you place on eBay becomes theirs and in Section 10 about using images that ARE copyrighted. Reading other things in the past seem to indicate that once the photo was placed on eBay you could not used it anywhere else. I wish I could point in the right direction where that info was found.

9. Content

When you provide content using the 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 the 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 the 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 the 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 the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.

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.

10. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. eBay's Verified Rights Owner (VeRO) program works to ensure that listed items and content on our site or in our apps do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our VeRO team and we will investigate. Learn how to submit a notice to eBay - opens in new window or tab.


This is my favorite part. 

 

"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. "

 

This is akin to being asked by my mugger if the watch that they are stealing from me is genuine or a fake.

 

Harlan Ellison rants about this the best. 

https://youtu.be/mj5IV23g-fE 

 

https://youtu.be/mj5IV23g-fE

Message 13 of 13
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