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laciimalls.top copyright infringement

A website is directly using my ebay image to sell product.  I believe this to be copyright infringement.  Who can I contact at eBay to stop this?

 

https://www.laciimalls.top/lutron-vwp4bra-annodized-brass-plate-with-buttons-free-shipping-p-10917.h...

 

https://www.ebay.com/itm/292214389937

 

Message 1 of 26
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laciimalls.top copyright infringement

@ima.seller

 

If the picture in your eBay listing is your own photograph, and it is being copied by the off-eBay website, then you can try contacting them and asking them to stop using it. They might comply.

 

If they don't, then you will have to contact a lawyer and find out what your options are to make them stop.

 

eBay can stop eBay users from infringing copyright on the eBay website, but eBay can't do anything to stop another website from doing it.

Message 2 of 26
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laciimalls.top copyright infringement

It isn't being copied from ebay, it is being pulled by their web page from ebay's image server.  Ebay is literally serving up the image for them.  Ebay can certainly stop this.

Message 3 of 26
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laciimalls.top copyright infringement

Are your photos copyrighted? In order to be "copyright infringement," strictly speaking, an item must indeed be copyrighted. 

 

 

 

Message 4 of 26
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laciimalls.top copyright infringement

@pburnthat page has nothing to do with someone off eBay taking your pics. eBay has no control over that at all.

Message 5 of 26
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laciimalls.top copyright infringement

You are asking the impossible of eBay. Once a picture is on the internet anyone can steal it. The only way for eBay to prevent this is to not show pictures at all.

 

You would have to contact whoever runs that other website and ask them to take it down. If they don't, call a lawyer if it's that important to you.

 

Keep in mind that anything put on the internet is there forever and prettty much anyone who can access it can steal it.

Message 6 of 26
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laciimalls.top copyright infringement


@ima.seller wrote:

A website is directly using my ebay image to sell product.  I believe this to be copyright infringement.  Who can I contact at eBay to stop this?

 


Oh, and then, of course, there's always the eBay User Agreement.

 

https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259

 

I'll quote part of it. Who knows what this section really means?

9. Content

When providing 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 (as defined above) 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 against eBay, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of the Services.

Message 7 of 26
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laciimalls.top copyright infringement

I guess I need to start watermarking my images.

Message 8 of 26
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laciimalls.top copyright infringement

I highly doubt that laciimall.top is affiliated with ebay.

Message 9 of 26
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laciimalls.top copyright infringement

The creator of an image is the copyright owner unless specifically transferred.

Message 10 of 26
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laciimalls.top copyright infringement


@ima.seller wrote:

It isn't being copied from ebay, it is being pulled by their web page from ebay's image server.  Ebay is literally serving up the image for them.  Ebay can certainly stop this.


Hi, sorry for your concerns here. Normally the first move is sending a strongly worded Cease and Desist letter to the offending party, which in this case is the outside website.

 

Below is a link to the appropriate governing entity for further perusal.

 

From the US Copyright office:


Do I have to register with your office to be protected?

No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

 

https://www.copyright.gov/help/faq/faq-general.html

Message 11 of 26
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laciimalls.top copyright infringement

Your problem isnt with Ebay. That website thats copying your photos could pull photos from anyplace. You need to complain to whichever outfit is hosting that website and have that ISP tell them to start taking their own photos.

Message 12 of 26
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laciimalls.top copyright infringement

The website hasn't copied my image.  Their web pages are linking my image on ebay.

 

They are using an ebay image to sell an item on their website.

Message 13 of 26
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laciimalls.top copyright infringement


@ima.seller wrote:

I guess I need to start watermarking my images.


If eBay is the source of the images, then watermarking may not be an available option. eBay recently banned the practice on its site, altho no one can say how widespread the enforcement of the new policy is. (Sellers were up in arms about it, understandably.)

 

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

 

“Not Allowed:

Watermarks of any type, including those used for ownership attribution“

 

Message 14 of 26
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laciimalls.top copyright infringement


@ima.seller wrote:

The website hasn't copied my image.  Their web pages are linking my image on ebay.

 

They are using an ebay image to sell an item on their website.


Yours isn't the only one. I looked at a few more of their listings and when I checked the source for the images they were all coming from eBay.

Message 15 of 26
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