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Someone Used My Photo On Ebay

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Pillar of the Community
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2234 Posts
 Posted 04/10/2021  6:55 pm  Show Profile   Bookmark this reply Add cipster to your friends list Get a Link to this Reply
The image was used in a listing that said the picture is representative and you will receive a coin somewhat like this. It wasn't referring to a specific coin. Is it wrong to do this - yes of course - but in terms of how serious this incident is - I would worry more about someone using my credit card than using a picture I own being used as a generic coin picture. Just my opinion of course.
Member ANA and EAC

"You got to lose to know how to win".
Dream On by Aerosmith
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Canada
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 Posted 04/10/2021  6:58 pm  Show Profile   Check silverwolf's eBay Listings Bookmark this reply Add silverwolf to your friends list Get a Link to this Reply
also keep in mind, ebay itself also combs through photos, and uses them in their catalogs. Hence this is the reason eBay tried to stop people from using watermarks..
Forum Dad
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 Posted 04/10/2021  7:03 pm  Show Profile   Bookmark this reply Add bobby131313 to your friends list Get a Link to this Reply
When you upload to ebay you lose a lot of rights. I am a registered ebay affiliate, I can use any image uploaded to ebay, you grant that permission as soon as you upload.
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 Posted 04/10/2021  7:42 pm  Show Profile   Bookmark this reply Add jmkendall to your friends list Get a Link to this Reply
Kevin,

To clarify, first it was not the owner that sued. It was a family member who was not the legal representative of the original photographer.

More specifically you stated ( paraphrasing) that no person need do any research to determine which of the billions of images are, or are not copyrighted. Since all images created since 1950 are currently copyrighted; then no research is necessary to determine which is copyrighted. The natural assumption is that ALL personal pictures are copyrighted.

Thirdly, depending on your jurisdiction a Court can and will take this matter up. Is it worth it? Probably not. Especially in an issue involving possible interstate matters. Can it happen? Yes.

I'm not trying to put you down. It sounds like you might think I am. That is not my intention.

I'm an Engineer. I tend to cringe at absolutes. As a former Interviewer I'm well aware that rarely is ignorance of the law a defense. However; as Bobby pointed out you give up your rights with ebay. Something I did not know. ( shrugs)
Edited by jmkendall
04/10/2021 7:51 pm
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Canada
3360 Posts
 Posted 04/10/2021  7:46 pm  Show Profile   Check silverwolf's eBay Listings Bookmark this reply Add silverwolf to your friends list Get a Link to this Reply

Quote:
When you upload to ebay you lose a lot of rights.


that was my point, if you upload a photo on ebay it is pretty much , fair game..

I would never use someone else's photos.. But I have caught people using mine, I have sent them a message, that it is not allowed, some have removed them, some have not..

That is as far as I will go.. Certainly not the end of the world..

And in the end it is the seller, that will have to be responsible for the backlash of an item not as described case opened against them..
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 Posted 04/11/2021  10:24 am  Show Profile   Bookmark this reply Add Kcm to your friends list Get a Link to this Reply
@jmkendall wrote:


Quote:
I'm not trying to put you down. It sounds like you might think I am. That is not my intention.


I don't think @jmkendall is trying to put me down. I do think @jm is trying to call me wrong and prove so using naught but ambiguity.

@jm wrote:


Quote:
Kevin,

I'm not sure that is strictly correct.


And then @jm recounted a court experience.

Unable to discern which of my "that's" wants for correction, I penned my understanding of @jm's experience and asked how @jm's experience in any way relates to my errant and yet elusive "that?"

@jm's next offering is


Quote:
., first it was not the owner that sued. It was a family member who was not the legal representative of the original photographer.


That visits me as both irrelevant to my rectitude and also baffling. The plaintiff had to assert some claim of ownership to be granted standing to sue by the court.

@jm next offered:


Quote:
Since all images created since 1950 are currently copyrighted..., The natural assumption is that ALL personal pictures are copyrighted.


@bobby131313 eloquently disproves the first part. I'd still like to know how this fact in any way relates to my errant and still elusive "that?"To my mind, @jm's "assumption" simply adds "not nececssary" to my "not required."

@jm paraphrased me thus:


Quote:
..., no person need do any research to determine which of the billions of images are not copyrighted.


I'll conclude: I have owned a lot of intellectual property. In addition to trademarks and copy rights, I've been issued very many, perhaps thirty, U.S. and international patents (don't know why, but my favorite one is that issued by the Soviet Union). Trust me or don't to know the bounds of intellectual property ownership. A copyright is a piece of intellectual property.

It is the sole responsibility of the intellectual property owner to inform the public s/he owns it. It is the informed member of the public's responsibility to respect the ownership. With the exception of those obvious instances where personal property and intellectual property overlap (family photos, for instance) members of the public whom the owner fails to inform have no responsibility whatsoever to respect or even contemplate that some owner may be entitled intellectual property rights.

Kevin
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.
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 Posted 04/11/2021  11:11 am  Show Profile   Bookmark this reply Add Zurie to your friends list Get a Link to this Reply

Quote:
members of the public whom the owner fails to inform have no responsibility whatsoever to respect or even contemplate that some owner may be entitled intellectual property rights


Copyright, trademark, and patent are different types of intellectual property that are governed by different laws. The above statement is clearly incorrect in regards to copyright law.

https://www.fertilegroundcommunicat...t-permission
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 Posted 04/11/2021  1:06 pm  Show Profile   Bookmark this reply Add Kcm to your friends list Get a Link to this Reply

Quote:
The above statement is clearly incorrect in regards to copyright law.


Thank you Attorney @Zurie I stand humbled and corrected.

Kevin
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.
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 Posted 04/11/2021  1:34 pm  Show Profile   Bookmark this reply Add Kcm to your friends list Get a Link to this Reply
Moderator,
Please step in! CCF does not need a contest as to who can best shame whom!

Kevin
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
04/11/2021 1:35 pm
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 Posted 04/11/2021  1:48 pm  Show Profile   Check GrapeCollects's eBay Listings Bookmark this reply Add GrapeCollects to your friends list Get a Link to this Reply

Quote:
Moderator,
Please step in! CCF does not need a contest as to who can best shame whom!


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