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People 'Borrowing' Your Photos For Their Own Listings!?

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jdmern's Avatar
United States
1949 Posts
 Posted 12/04/2014  2:33 pm Show Profile   Bookmark this topic Add jdmern to your friends list Get a Link to this Message Number of Subscribers
As some of you may be aware of, I sell a decent volume of world coins on ebay. Certainly not my full time thing at all, but I treat it with same principals I use on the other businesses I own.

I will be the first one to admit I am not a great photographer, nor do I care to put the time or effort in do so- I do a couple of hundred ebay listings a week and it's simply a volume game.

When I started treating ebay a bit more seriously, I noticed that a certain seller began 'borrowing' some of my photos of PCGS graded coins and was using them as his stock photos. Considering they were identifiable by the serial numbers, it was 100% clear. At this point, I decided to begin using the fairly distinctive (and yes, I am aware, somewhat distracting) background I regularly use. Thought this may put an end to the 'borrowing' and act almost like a watermark on my photos...

Well I came across this listing this morning:
http://www.ebay.com/itm/NETHERLANDS...em27f1265011

Now nevermind that the coin is nickel, not silver, guess whose photos they just cropped and used?!

(for reference, this is the source)

http://www.ebay.com/itm/1965-Nether...em51c467fcdb

Frustrating because:

1. I have that coin exact coin
2. No mention of the stock photos
3. They are essentially selling 'my' coin but for a lower price

As I was about to send them a message, I did a little bit more research... This is not the only listing that is doing the same thing.

Is this a problem some of the other larger volume sellers have come across?

What have others in similar situations done?

Is the only thing to do to go, try and find how many people are actually using your photos currently, and politely asking them to stop using your photos?

Sorry for the diatribe, it is immensely irritating to have someone undercutting you with your own photos!
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chequer's Avatar
Canada
4227 Posts
 Posted 12/04/2014  5:39 pm  Show Profile   Bookmark this reply Add chequer to your friends list Get a Link to this Reply
There should be an easy way to report this on ebay (and there may be, but I don't know it). I would recognize your background too, but maybe not with the crop they did.
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westernsky's Avatar
United States
7621 Posts
 Posted 12/04/2014  6:15 pm  Show Profile   Bookmark this reply Add westernsky to your friends list Get a Link to this Reply
Watermark your photos.

Report the photo thief to ebay.
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Medieval's Avatar
3772 Posts
 Posted 12/04/2014  6:30 pm  Show Profile   Bookmark this reply Add Medieval to your friends list Get a Link to this Reply
Send the seller an e-mail asking if it is the exactly coin pictured which he is selling or if it is a stock photo first. Then based on the answer take it further.
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matttheriley's Avatar
United States
1512 Posts
 Posted 12/04/2014  7:25 pm  Show Profile   Bookmark this reply Add matttheriley to your friends list Get a Link to this Reply
Or buy it then open a case against him when the coin you receive is not the one pictured.
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Tapestry's Avatar
United States
12 Posts
 Posted 12/04/2014  8:10 pm  Show Profile   Bookmark this reply Add Tapestry to your friends list Get a Link to this Reply
You can report them to ebay for whatever it's worth.

Look for "Report Item" link on the right, just above the description.
Report Category: Copyright and Trademark
Reason for Report: Images or text copied from your listing
Detailed Reason: Copied pictures or text.

Unfortunately, only you can make the report.
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BStrauss3's Avatar
United States
4593 Posts
 Posted 12/05/2014  08:14 am  Show Profile   Bookmark this reply Add BStrauss3 to your friends list Get a Link to this Reply
Search ebay for the DMCA (Digital Millennium Copyright Act) takedown notice process. In order for ebay to take advantage of the "safe harbor" provision they must have one. It's a lot more powerful than reporting the listing. You report it, the photo is gone. Poof.
-----Burton
50+ year / Life / Emeritus ANA member (joined 12/1/1973)
Life member: Numismatics International, CONECA
Member: TNA, FtWCC, NETCC, EveryCountry (online) coin club
Owned by three cats and a wife of 40+ years (joined 1983)

Author: 3rd Edition of the Sample Slabs book, https://www.sampleslabs.info/
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Tim Stroud's Avatar
United States
2661 Posts
 Posted 12/05/2014  5:42 pm  Show Profile   Bookmark this reply Add Tim Stroud to your friends list Get a Link to this Reply
That is not the only one. I say we all report him! And from all the different backgrounds, I would say that most of his pics are stolen.

http://www.ebay.com/itm/FRANCE-1916...em27f1262746
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BStrauss3's Avatar
United States
4593 Posts
 Posted 12/05/2014  5:48 pm  Show Profile   Bookmark this reply Add BStrauss3 to your friends list Get a Link to this Reply
http://pages.ebay.com/vero/notice.html


Quote:
How to report a listing to ebay

If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit an electronic Notice of Claimed Infringement (NOCI) to ebay's VeRO program, or you can provide ebay's designated agent with the following information:
1.a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
2.identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
3.identification or description of where the material that you claim is infringing is located on the ebay site, with enough detail that we may find it on ebay's website;
4.your address, telephone number, and email address;
5.a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law;
6.a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

ebay's agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
By mail
ebay's Registered Agent
583 ebay Way
Draper, UT 84020
By phone(866) 322-9106
By fax(801) 757-9521
By email
copyright@ebay.com

ebay has adopted and implements a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of ebay and/or others.

-----Burton
50+ year / Life / Emeritus ANA member (joined 12/1/1973)
Life member: Numismatics International, CONECA
Member: TNA, FtWCC, NETCC, EveryCountry (online) coin club
Owned by three cats and a wife of 40+ years (joined 1983)

Author: 3rd Edition of the Sample Slabs book, https://www.sampleslabs.info/
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bobby131313's Avatar
United States
24165 Posts
 Posted 12/05/2014  5:52 pm  Show Profile   Bookmark this reply Add bobby131313 to your friends list Get a Link to this Reply
VERO is not really for images, it's for Gucci to report fake Gucci bags and similar premises. I'm sure they will just refer you to the standard reporting form.

FYI, the VERO reps at ebay have been known to be irresponsible bullies in the past. They have been known to completely ignore first doctrine laws and remove items anyway.
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jdmern's Avatar
United States
1949 Posts
 Posted 12/05/2014  6:06 pm  Show Profile   Bookmark this reply Add jdmern to your friends list Get a Link to this Reply
I did do the standard report to ebay since I did not get a response... Looks like most of that seller's photos were 'borrowed' anyways...

What I don't understand is why someone would take the time to find, download and crop a photo for a low $ listing. It really would be much simpler to just take your own photo and upload it.

That is, unless it's a bait and switch kind of thing...

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BStrauss3's Avatar
United States
4593 Posts
 Posted 12/05/2014  8:02 pm  Show Profile   Bookmark this reply Add BStrauss3 to your friends list Get a Link to this Reply
The ebay DMCA page is the VERO page. It had better be the takedown or the bay is in big trouble.
-----Burton
50+ year / Life / Emeritus ANA member (joined 12/1/1973)
Life member: Numismatics International, CONECA
Member: TNA, FtWCC, NETCC, EveryCountry (online) coin club
Owned by three cats and a wife of 40+ years (joined 1983)

Author: 3rd Edition of the Sample Slabs book, https://www.sampleslabs.info/
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bobby131313's Avatar
United States
24165 Posts
 Posted 12/05/2014  8:16 pm  Show Profile   Bookmark this reply Add bobby131313 to your friends list Get a Link to this Reply

Quote:
It had better be the takedown or the bay is in big trouble.


Not hardly. ebay is just a venue, all of the millions of users all over the world agreed to that when registering including me, you, and the OP.


Quote:
Because intellectual property owners are ultimately responsible for protecting their intellectual property, and ebay isn't an expert in an intellectual property owner's rights, we need your help in identifying listings that you believe may infringe your rights.
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Tapestry's Avatar
United States
12 Posts
 Posted 12/05/2014  9:01 pm  Show Profile   Bookmark this reply Add Tapestry to your friends list Get a Link to this Reply
I've had the same crap happen on my blog. One particular photo is being sold on a clipart site based in the Netherlands. I can't seem to get it taken down.
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