Someone is using one of my pics on ebay without my concent :(

[kuntrygirl]

I would be honest with him as well.
Let him know that it is "Your Photo" & that he needs
Your permission to use it. If You decide to let him
it is your decision. You might require him to acknowledge
who's it is to continue using it. Ask him how he came by it.
You might also let him know you reported it to ebay....
Ebay has a catalog of photos that people can use, as well & I
think they are other sellers' pics.

This topic came up in the peafowl section a few weeks
ago. The person using the photo apologized.

Now whatcha gonna do?

I'm gonna have to agree with trailchick on that.

 

[SillyChicken]

If you post a picture on the internet, it belongs to everyone.

That is COMPLETELY WRONG!!! DO NOT EVER think that because something is on the net, that it is up for grabs. Anything from words, to photos, to music and artwork are still copyright protected and you DO NOT have the right to take, use or modify the item unless you have permission from the creator or it is posted as free ware where they say it is ok to use it! PERIOD! This also holds true for overseas in countries that agree to a couple treaties involving this issue. I'll tell ya it's a bear to fight overseas infringements.

I have a drawing used to sell products and to advertise my artwork services. People seem to love the image and I'm constantly having to do the following.

First you need to send the person a letter telling them they have infringed on your copyrighted photo. (in your case since you were being sneaky, I'd fess up you were testing him.. and then tell him he needs to remove it.)
I send this letter:

Dear Sir
I am the proprietor of the copyright artistic work of the "Cane Corso" (The "Work") being used in your logo. I have reserved all rights in the Work, which was first expressed in material form in 2008.
It has come to my attention that the image in your logo is identical to my copyrighted Work. Permission was neither asked nor granted to reproduce my Work and your Work therefore constitutes infringement of my rights. In terms of the Copyright Statutes, I am entitled to an injunction against your continued infringement, as well as to recover damages from you for the loss I have suffered as a result of your infringing conduct.
In the circumstances, I demand that you immediately:
1. Remove all infringing content and notify me in writing that you have done so;
2. Immediately cease the use and distribution of copyrighted material;
3. Undertake in writing to desist from using any of my copyrighted Work in future without prior written authority from me.
4. Be prepared to present for destruction, all marketable materials you have with this image.
I await to hear from you by no later than close of business on Wednesday, March 14th, 2012.
This is written without prejudice to my rights, all of which are hereby expressly reserved.
Yours faithfully,

Wendy S Hutchison
W S Hutchison Studios

The other option if he fights you or what ever is to file a DMCA with the website host. They will shut his website or ebay page right down. He will then have to correct his site to comply with host infringement rules.

 

[EweSheep]

Ive had an Ebayer last night using my Faverolle picture and he did not respond to my question. Next thing I did, was to blast it all over internet, on BYC, on FB, the breed clubs, etc. and it was not long the next round, all my chicken friends did their charms and seller put up the next picture of the Faverolles of their own instead of using mine. It made an impact, much much quicker than Ebay can.

Internet can be a powerful tool. Ebay aint going to do squat. Whitmore Farm had alot of problems with Ebay, even filling out the paperwork letting them know the pictures were "lifted" off from his website. I've seen really good graphic artists doing a very good job in covering up the watermarks, I mean, sooooooo good! TO find out if th epicture has been watermarked, you have to blow up the picture about 200% to see the lines of watermark to be obviously being "covered up". I know, we have been in graphic designing and we can twist up anything we can to blow up pictures, cover the flaw, and reduce it. That is how good we can do to "cheat" out of the system. Our teacher told us it is good for some for their OWN use but not for use for public views, broadcasts, publications without the permission from the photo owner. It is unethical to use someone photograph for your own Ebay auctions or your websites without the owner's permission.


Watermarks can only go so far but it is up to us, as BYC friends, to look after each other's photographic property. Before you ever go that direction, please please be very sure that the picture on Ebay MATCHES the BYCers/or another website before you do your investigation. We all can be fiercely protective of each other and would stick up for each other. So be careful and think ahead before you do your evil deed on that poor Ebay seller! Be kind to those that "didn't know", made an effort to correct the mistake, and others just blantanely defiant.

 

[Carols Clucks]

I would write back, since you said you felt bad, with something like this:

"Thank you for your honesty that it was not a photo of your gander, but I already knew that because it was my photo stolen off the internet. I am not asking you for my share of the sales that your use of my photo has made for you. But I am asking that you remove it and not steal photos to sell your products, it is misrepresentation and I do not want to be part of that"

 

[EweSheep]

You couldn't have said it better!

Or give the name of the person who owns that photograph.

I would write back, since you said you felt bad, with something like this:

"Thank you for your honesty that it was not a photo of your gander, but I already knew that because it was my photo stolen off the internet. I am not asking you for my share of the sales that your use of my photo has made for you. But I am asking that you remove it and not steal photos to sell your products, it is misrepresentation and I do not want to be part of that"

 

[kuntrygirl]

You couldn't have said it better!

Or give the name of the person who owns that photograph.


 

I would write back, since you said you felt bad, with something like this:

"Thank you for your honesty that it was not a photo of your gander, but I already knew that because it was my photo stolen off the internet.  I am not asking you for my share of the sales that your use of my photo has made for you.  But I am asking that you remove it and not steal photos to sell your products, it is misrepresentation and I do not want to be part of that"

x2

 

[Sonoran Silkies]

If you post a picture on the internet, it belongs to everyone.

Absolutely NOT. Read copyright law. What you state is incorrect; unfortunately, there are many people who have this erroneous understanding. A work does not have to have "copyright" stated to be protected by copyright law. You deliberately have to release it to public domain if that is your intent. There is a fair use doctrine that allows LIMITED use of PORTIONS of a work, but this would not fit into that.

 

[Sonoran Silkies]

It is rather disingenuous to say that their bird looks just like it. It might be fair to say that it is REPRESENTATIVE of the breed, but it really begs the question of why they did not use a photo of their own bird? Better to post a link to feathersite or other websites that show multiple drawings or photos of the breed.

I can see being nervous about personal, face to face confrontation, but this is an email confrontation, and all you have to do is politely say that the photo belongs to you, you did not give permission for them to use it, and what you want done (presumably remove it from their listing, possibly editing their listing to acknowledge that the photo previously present was not their bird, and they have removed it at the request of the owner. Straight, upfront and business-like. You don't have to get angry or emotional in your email; in fact, better if you do not.

 

[rebelcowboysnb]

Report to ebay just for the fact that now that he uploaded it to them he agreed that he owned the picture an that it could be saved an used by anyone from then on. You have to report it to get it removed from there free to use list.