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Someone Used My Photo On Ebay

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 Posted 04/05/2021  4:13 pm Show Profile   Check Tanman2001's eBay Listings Bookmark this topic Add Tanman2001 to your friends list Get a Link to this Message
My post about a dateless Shield nickel is the first thing that comes up when you Google "dateless Shield nickel". So maybe I shouldn't be surprised someone would just take my image to sell some random stock coin, but it's a first for me.

Original post: http://goccf.com/t/338089
eBay Listing: https://www.ebay.com/itm/294103560780
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 Posted 04/05/2021  4:23 pm  Show Profile   Bookmark this reply Add jbuck to your friends list Get a Link to this Reply


Send them a sternly written message with a link back to your post.
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 Posted 04/05/2021  4:35 pm  Show Profile   Bookmark this reply Add keith12 to your friends list Get a Link to this Reply
Not sure how it works. But once you post it here it's out there for anyone to use I think? Bobby could tell you better then I. But I just pulled your coin off Bing Images

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 Posted 04/05/2021  4:42 pm  Show Profile   Bookmark this reply Add Zurie to your friends list Get a Link to this Reply
Maybe you should be honored that he chose your photography! Not sure why he would have picked your coin as a stock image unless he wanted to make sure that the ones he is selling are better than advertised. It's not legal to use your photo without your permission, so I bet he would remove it if you complained.
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 Posted 04/05/2021  4:58 pm  Show Profile   Bookmark this reply Add jbuck to your friends list Get a Link to this Reply

Quote:
But I just pulled your coin off Bing Images
I am sure they did that or Google. There is a warning though they seemed to ignore... A link labeled "Images may be subject to copyright."


Quote:
It's not legal to use your photo without your permission, so I bet he would remove it if you complained.
Easier to beg for forgiveness than for ask permission.
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 Posted 04/05/2021  5:06 pm  Show Profile   Bookmark this reply Add Rothery to your friends list Get a Link to this Reply
Not only is your picture on Google search for "Dateless Shield nickel" but it also takes you to your CCF Topic post. So yeah, like Keith12 stated - it's all out there for the taking/looking.
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 Posted 04/05/2021  5:07 pm  Show Profile   Bookmark this reply Add jbuck to your friends list Get a Link to this Reply

Quote:
it also takes you to your CCF Topic post
Bobby works hard to get CCF posts ranked high in the search results.
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 Posted 04/05/2021  5:43 pm  Show Profile   Check Tanman2001's eBay Listings Bookmark this reply Add Tanman2001 to your friends list Get a Link to this Reply
I don't care all too much that they used this image, although I would very much like to be asked for permission first. It's a low value listing and I think that they made it clear enough in the description that this is be a stock image. If it was a high value coin or they didn't make it clear this wasn't the coin they were selling, I'd ask for them to take it down.

I do find it concerning that some users here think that if you can find an image on Google or "Bing Images" that means its copyright free. You would have gotten an "F" in Comp Sci if you went to my middle school. Yeah anyone can download or look at this image, but using it without permission outside of fair use is potentially ethically and legally wrong.
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 Posted 04/05/2021  9:02 pm  Show Profile   Bookmark this reply Add Ballyhoo to your friends list Get a Link to this Reply
I have personally used images from the internet in writing a weekly blog on another web-site, only if the subject is about a rare, unique or similar coin. And I always list the link from where it was sourced at the bottom of each blob post. I would, however, never use another to sell or promote anything. I would post a crappy image, yeah my photo skills lack at times, before doing such a thing. It's bad for business.
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 Posted 04/05/2021  9:03 pm  Show Profile   Bookmark this reply Add kbbpll to your friends list Get a Link to this Reply
From what I've gleaned, and I'm not a lawyer, copyright is an automatic right. When you created the image, the copyright became yours and yours alone, and it doesn't need to be "published" to take effect. "Fair use" then comes into play if someone else uses it. "The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright".

There seem to be a lot of complexities with the quoted law, but I would think that someone using your image to sell their coins is a pretty flat-out violation of your copyright. The question to me is whether you have to put the @c thing in your images or not. I've always figured using a photo from HA or PCGS on here is "fair use", because it's for "teaching" or "scholarship" purposes. If you feel strongly about it, I'd send them a little "cease and desist" message.
Edited by kbbpll
04/05/2021 9:03 pm
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 Posted 04/05/2021  9:21 pm  Show Profile   Bookmark this reply Add kbbpll to your friends list Get a Link to this Reply
It's also a violation of ebay policy:

https://www.ebay.com/help/policies/...licy?id=4240
"Can I use images that I copied from other websites in my listing or product page?

No, you can't use images copied from other websites or internet searches in your listing or product page, unless the owner of the image has given you permission. For example, it may be considered copyright infringement if you copy and paste an image from a manufacturer's website, unless you have permission."
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 Posted 04/06/2021  07:39 am  Show Profile   Bookmark this reply Add Kcm to your friends list Get a Link to this Reply
I'm also not a lawyer, but my understanding is that the copyright owner (the creator of the image in this instance) must assert his right else use of the material is up for grabs. That is to say, since the image is not marked as copyrighted, it's available for use by anyone. If someone uses an unmarked material and is then informed of the copyright by the owner, I believe continued use would constitute violation.

I own a trademark. (TACK-TILES) It cost a bit of money. If I don't warn people it's mine, my attorney warns me I'll lose it. The best way to protect it is by appending the Marca Registrada, but if I do not or cannot I must always present it in all caps. Years ago Kleenex took very little care of their registered TM, then panicked at the fact that it was being used as a general term for tissue. They tried to get it back. The court said no, it's too late to protect it.
Given the option of choosing between a very interesting coin or a rather valuable one, I'd choose the former every time . My vexation lies in the fact that the two so often coincide.
Edited by Kcm
04/06/2021 07:44 am
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 Posted 04/06/2021  08:47 am  Show Profile   Check Tanman2001's eBay Listings Bookmark this reply Add Tanman2001 to your friends list Get a Link to this Reply
Sent seller a message this morning.
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 Posted 04/06/2021  11:48 am  Show Profile   Bookmark this reply Add jbuck to your friends list Get a Link to this Reply

Quote:
Sent seller a message this morning.


Let us know their response.
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 Posted 04/06/2021  11:57 am  Show Profile   Check nss-52's eBay Listings Bookmark this reply Add nss-52 to your friends list Get a Link to this Reply
It is risky for the image stealing seller because they can not deliver the exact item in the image, and some buyers will take issue with that.
For you, I guess it represents a competition of sorts for your eBay listing.
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 Posted 04/07/2021  7:09 pm  Show Profile   Check Tanman2001's eBay Listings Bookmark this reply Add Tanman2001 to your friends list Get a Link to this Reply
Seller took down the listing after I contacted them. Said they found the image by "search(ing) Google for images marked as free use".

They also said they sold two coins for a total of $4 with my image. They offered me a portion of those sales. I declined.
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