eBay

spoonjewelry · ‎08-18-2020

Hello,

I just discovered an eBay seller using my photos to sell his items, filed the proper form and emailed to eBay.

Does anyone have a similar experience and if so, were your photos taken down?

This seller has over 5,000 listings with photos I recognize from other handmade artisans.

Mine were taken from another e-commerce site for handmade items.

The listing description says 925 silver and the price is under $3, free shipping. The ring that is described that way comes from a vintage spoon that is only available in silverplate. Not adding up to the truth in description, even if using their own photos. I reported that listing. Any hope of that being corrected to be accurate?

spoonjewelry · ‎08-19-2020

Thank you for the reply. A couple things that are true about my situation. The photos I took myself (referred to as my or mine) are not registered, they exist on my camera, memory card and on another website that I sell on. They did take down my photos that another seller was using in their listing.

There were about 20 emails back and forth with VERO and I answered every single one. They asked for information that was on the form so I just kept repeating and telling them it was there. Made me feel like the people working there aren't that detailed. It was frustrating, but the process taught me the one detail that will get the VERO request approved. I won't make that public though since that information will help the thieves.

eBay may be able to do what they want with my photos, but sellers have guidelines and can't do whatever they want. There is a distinction there that several posts have ignored, eBay's use and Seller's use are two different things.

Regarding price, I'm not interested in having the cheapest price, people who buy that way are not my target audience. My audience wants a legit spoon ring, they know a fake when they see it. That seller had many negative reviews stating that the rings were fake, fake metal etc. So anyone who did purchase could look at the feedback and make an informed decision.

That seller's description was not accurate in several ways. Metal was not as described (he owned up to that when answering my request to take down my photos. Stated not 925 silver and they were plated, also said they can't get wet. Legit spoons can get wet.) The photos were not of the item he was going to send. My photos showed the markings that a vintage spoon would have on the back side, such as "International Silver" or "Silver Plate" Those markings cannot be faked, even when casting from an original, the markings are faded.

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simba6 · ‎08-18-2020

Have to watermark your photos is about the only way to stop that. Buyers can always file an item not as described case if the items in not what the seller said it was. Or even if it is for that matter.

3eyedfishcatcher · ‎08-18-2020

eBay used to not allow sellers to take other sellers images. However now they take all images and add them to their catalog. This is supposed to be fore drop shippers but other sellers use the catalog images for actual items they have on hand. Their support reps will direct you to file a Vero complaint, however unless you took the time to register a copy right on your image there is little to nothing a Vero complaint will do . Also at the time of using the image in a listing eBay probably filed a copy right on the image so they are probably the true owners of the image.

younotver0 · ‎08-18-2020

@spoonjewelry wrote:
Hello,

I just discovered an eBay seller using my photos to sell his items, filed the proper form and emailed to eBay.

Does anyone have a similar experience and if so, were your photos taken down?

Yes.

No.

Handcrafted machine part for a small engine, it is custom specific.

Certain sellers copied it to sell a new look-alike, but it's not the same thing.

They even copied the description almost word for word except they can't even copy good, probably because they don't understand what it actually means since they wouldn't know what it is they are selling...

I have made purchases for other things from these types of sellers before, it is frustrating when I have a simple question about the product and it quickly becomes clear in their answer that they don't know what it is they are selling... Sadly many try to make up for that shortcoming by inventing the answer...

It is frustrating, it is what big corporations have complained about for years, it is why VERO was created thou that's not accurate and working the way it should either.

Not sure what to tell you, ebay won't do much unless you hold an actual VERO right and you are the rights owner, filing a VERO complaint without holding actual rights (usually trademarks is all they care about) won't do any good.

Watermarking pictures may be against policy, I would be sure to be EXCLUDED from their catalog first, then I would make sure all my listings are backed up local.

spoonjewelry · ‎08-18-2020

Does anyone have a similar experience and if so, were your photos taken down?

rosszonebricks · ‎08-18-2020

eBay Image Policy:

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

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.

So IF your pic was added to the eBay catalog, and another that is how a seller is using them, then this isn't against eBay policy. This ONLY happens if you use the UPC/EAN/ISBN field in your listing. The idea is that it would allow other sells to use existing photos for something that would be a manufactured item with such a code.

However, my items do not use UPC/EAN field. So when I find another member using my photos, I will message them and ask them politely to take them down.

From the Policy:

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

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.

I've personally never not had the other seller take my photos down and replace them with their own. However, yes, I strongly feel this is a major lame excuse by eBay not to have a stronger policy in place for this issue.

@spoonjewelry wrote:

Mine were taken from another e-commerce site for handmade items.

However, if you are saying they weren't even your images in the first place, I am not sure you really have room to complain.

kensgiftshop · ‎08-18-2020

@spoonjewelry wrote:

This seller has over 5,000 listings with photos I recognize from other handmade artisans.
Mine were taken from another e-commerce site for handmade items.

You're complaining about a seller that is using your photos, that you got from another site?

Have A Great Day.

spoonjewelry · ‎08-18-2020

Thank you for that information, I do not use UPC/EAN/ISBN field. I don't have stock items, it's a handmade item so not manufactured.

I read the links, but didn't see a catalog with products. Was hoping to search there for confirmation that my photos are not in an eBay catalog.

I wrote to the seller, but thieves don't voluntarily do the honest thing. Their description is deceptive and dishonest.

spoonjewelry · ‎08-18-2020

Found the following catalog listing guidelines (I don't think it was taken from a catalog, but from another e-commerce site) Even if from the catalog they didn't follow the listing guidelines, mine is vintage silverplate teaspoon, theirs is described as 925 silver which is most likely fake and a mystery metal:

Listing guidelines

Not allowed

Listing a Sony PS3 and using catalog information for a Sony PS4
Listing headphones for an iPod and using catalog information for an iPod Shuffle
Listing a book about the making of the movie Gone with the Wind and using catalog information for a Gone with the Wind DVD
Listing a CD with UPC 123456789 and using catalog information for a CD that looks similar but has a different UPC

If a listing doesn’t follow our guidelines, it may be removed, and you could be subject to restrictions of your buying and selling privileges as well as suspension of your account.

spoonjewelry · ‎08-18-2020

No, you misunderstood what I wrote. The photos of mine that were taken, were taken from another e-commerce site. I'm discussing photos I took, put on another e-commerce site, then the ebay seller stole them from there. Nice try with the on purpose misunderstanding to try and shame me though.

corvettestainless · ‎08-18-2020

@spoonjewelry mine is vintage silverplate teaspoon, theirs is described as 925 silver which is most likely fake and a mystery metal:

You have no proof of that and you are a competitor, so you should just leave it alone, because ebay will.

spoonjewelry · ‎08-18-2020

Does anyone have a similar experience and if so, were your photos taken down?

spoonjewelry · ‎08-18-2020

"However, if you are saying they weren't even your images in the first place, I am not sure you really have room to complain."

They are my photos, I took them myself of an item I made. I'm asking a question, However, if you are saying they weren't even your images in the first place, I am not sure you really have room to complain.

I'm not "complaining" but trying to find out helpful information. Feel free to not read or reply if you feel it is a complaint that offends you.

spoonjewelry · ‎08-18-2020

I have proof.

toysaver · ‎08-18-2020

Sorry, You signed away the rights to your pictures in the user agreement. It's a newer addition, was an issue complained about and reportable for many years, no longer so.

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

"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."