RichieRich
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posted on January 4, 2001 07:48:02 PM new
I have been selling on ebay for over a year. I was looking at the competition and there is my picture. They used ipix to post it.
What can I do? Should I email the seller? Should I report this to ebay?
Please tell me what you would do so I can make a good non emotional decision.
Thanks for all you help!
Patti
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sharkbaby
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posted on January 4, 2001 07:53:38 PM new
you should definately report it to ebay! a lot of people steal pics & descriptions. it is amazing what some will do, but ebay will, and have to my personal knowledge, stopped people doing that very quickly
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RichieRich
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posted on January 4, 2001 07:58:20 PM new
After looking at more of her items just like mine.....she even stole some of my descriptions word for word. I have been selling these since November. She just started listing hers on 1/2/01.
Can I report this to ebay? Will they do anything?
She as 10 feedback dating from 5/99 to now. I have over 470 feedback 538 positive, 1 neutral.
Please help....I am fuming!
Patti
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sharkbaby
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posted on January 4, 2001 08:02:12 PM new
i had a friend that this happened to a few months ago and she reported it to ebay and they stopped the auctions and took action. not sure right now all the action they took, but they made the seller stop doing that under some sort of warning. and it was fast too!
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POTON
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posted on January 4, 2001 08:05:47 PM new
Richie, you should defenitely contact safe harbor BUT sometimes you gain an enemey, and this enemy won't leave you alone and you will have to leave with this treat for the rest of your eBay life. Below are 2 links (addresses)
1) Where eBay explain very well hown an auction can end if steal somebody else work
http://pages.ebay.com/help/community/png-copyrights.html
2) And the other address is about what the FBI is doing to protect the intellectual property of others.
http://www.fbi.gov/programs/fc/fifu/intellectual/ipc.htm
Email this guy to remove your pic form their auction or you will contact immediately these 2 places and they will take care for you.
Poton.
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nanastuff
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posted on January 4, 2001 08:06:09 PM new
Just a thought and don't everybody yell at me at once....Since this is a newby, perhaps this person just does not realize this is a wrong thing to do?? Have you emailed this person (without your fumes showing)? You will know from the response you get.
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cyberjp
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posted on January 4, 2001 08:10:41 PM new
Are the pix of your own making, ie digital camera or scan? or are they from the manufacturors site or product literature? If you custom made the product and took your own pix then ya ebay will do something. If it is a scan of a product that is common, ie Compaq computer, Mountain Dew can, etc s/he is not infringing on anything as you nor her hold the copyright to it. There are alot of factors that I do not know about your specific issue but the big thing is that if it is not a custom, hand made item or a picture that you have the copyright on there isn't much ebay or you can do legally. I hate it when people do it but what can ya do?
Joel
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vargas
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posted on January 4, 2001 08:29:14 PM new
I'm with nanastuff -- if these are your original works, e-mail the seller first. A lot of people are under the misimpression that everything on the internet is free for the taking... and that it's okay to do so.
If it turns out he/she knows better and refuses to remove the pics, you can report him/her to eBay and eBay will end the offending auctions.
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RichieRich
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posted on January 4, 2001 08:31:01 PM new
I have looked at every item she has listed - 19 of them. 3 of them have MY pictures, 1 other I now is another sellers which I now have looked up the email addy for.
The descriptions are a cross between mine and another seller.
I am thinking about emailing the other sellers and advising them of the stolen pictures and descriptions as I know they are not all hers. I know this because it is easy to spot the good pictures from her pictures.
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RichieRich
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posted on January 4, 2001 08:37:23 PM new
OK! I am going to politely email her. I will give her the above links and 24 hours to remove my picture. I will inform her that after 24 hours I will fine the necessary reports.
I guess that would be the right thing to do. I take a lot of time and put a lot of work into my pictures. There are there to sell MY items not someone elses.
Thanks everyone for your ideas. I enjoy reading the threads every night. I have learned many things here at AW! You guys and gals are great!
Thanks again!
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barrelracer
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posted on January 4, 2001 08:38:59 PM new
If it is your photo, if you took it, no matter what it is a picture of, even a Mountain Dew can, ebay will end the auction. This goes for descriptions too.
But you have to prove that it is your photo. Do you still have an old auction it is listed on?
This happened to me not too long ago and the other seller wrote a nasty reply to my letter asking him to remove the photo. Ebay ended the auction.
I had my copyright on the photo, he didn't even bother to edit it out. He felt anything on the interent was public property too.
ebay doesn't think so. But you have to be able to prove it is yours.
Good luck, I know the feeling of fuming you have right now.
~Not barrelracer on ebay, don't pick on them!~
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RichieRich
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posted on January 4, 2001 08:55:47 PM new
barrelracer - There are my pictures, taken on my hardwood floor in my kitchen.
I have used them since November and even have them on current listed items as well as past items. So ebay can see at least I had them first. I launch from AW and they are store here also. I am sure they are some in completed at this time....I am getting the closed auction item numbers together now. I guess that is what ebay will need, right?
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bck
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posted on January 4, 2001 08:58:51 PM new
I was bidding on a very unusual vintage sprinkler. I received an email from another seller to look at ebay #______. I did and guess what, he had another vintage sprinkler like the one I was bidding on and the auction even had the same pics as the auction I was bidding on!
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RichieRich
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posted on January 4, 2001 09:00:23 PM new
OK this is the email I am planning to send the theft!
Hi!
I too am sellers on ebay. I am email you because my pictures are on your auction listings. This is NOT allowed. Please read the link below:
http://pages.ebay.com/help/community/png-copyrights.html
Note this section:
eBay Guideline: No Copying Allowed! When you prepare your auction listings you generally should use only material (text, photographs, etc.) and trademarks/names that you created or own yourself or licensed from the owners.
I am giving you 24 hours from this email to remove my pictures and any description you my have taken without my permission. If not done within this time period I will be filing the necessary reports.
You might also like to read this link:
http://www.fbi.gov/programs/fc/fifu/intellectual/ipc.htm
Sincerely,
Patti Rich
RichieRich-Colorado
What do you think? Should I email the other sellers she has stolen from as well?
I appreciate all you ideas. I have learned lots here at AW and read the boards every evening. You guys always have great ideas!
Thanks!
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katzname
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posted on January 4, 2001 09:13:43 PM new
barelracer ~ how can I put a copyright on my pictures?
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barrelracer
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posted on January 4, 2001 09:13:49 PM new
Hi Patti,
I was trying to find out where I sent my email, if it was [email protected] or safeharbor.
But it took them almost 24 hours to remove the auction. They didn't end it either, they deleted it!
So you are talking 48 hours if you give the seller 24 hours. How long is your auction?
Yes, get your ended auction numbers ready for ebay.
I personally would not email the other seller, but opinions will vary on that. Some say they are "complimented" when someone steals their photos.
I'm not one of them!
Good luck.
~Not barrelracer on ebay, don't pick on them!~
[ edited by barrelracer on Jan 5, 2001 12:39 PM ]
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twelvepole
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posted on January 4, 2001 09:14:09 PM new
The description part will be harder to prove if it is a cross between yours and anothers.... but the picture sounds like it should be easy.
Ain't Life Grand... 
[ edited by twelvepole on Jan 4, 2001 09:15 PM ]
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barrelracer
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posted on January 4, 2001 09:18:27 PM new
I use my Image Composer program to put a copyright on. I put the text over the photo in a place where they really can't crop it out without damaging the photo and then group the photo and text.
If I was using a scanner without a photo program, I guess I would type the words, cut it out and put it on the photo as I scanned it or something.
~Not barrelracer on ebay, don't pick on them!~
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POTON
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posted on January 4, 2001 09:20:38 PM new
Patti this is a new member and I think we should give them a nice impression at least an opporyunity, why don't let her/him to finish his/her auctions, probably doesn't make any money at all and if he/she does he/she will be glad to work in his/her own. Just warn them that you will allow them for the first and last time, otherwise you will be forced to repor him/her. ...Well, that's what I think
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RichieRich
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posted on January 4, 2001 09:26:45 PM new
The theft's auctions do not close until 1/12. She listed them on 1/04. Mine close the 10th and I will list more on the 10th to close on the 17th.
I think I am going to start by reporting it to ebay and like them handle it. If they respond to me with we don't get involved, then I will send the above mentioned email to the theft.
I also will email the other sellers so if they feel the need to email ebay they can also do it.
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Pocono
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posted on January 4, 2001 09:40:12 PM new
I agree with POTON.
I always allow them to finish the auctions,
and THEN if they list them again AFTER my warning,
they will be vaporized!
Send the notice, but give them til it's over, not 24 hours.
Just my way, and it usually works.
HOWEVER, if they LINK to my pictures?
LOL...it's "Big Mama" or "Big Bubba" on their auctin page.
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RichieRich
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posted on January 4, 2001 09:50:49 PM new
I wish they would have linked to the pictures. I would have ruined a prefectly good suit just to put in their listing. Now that could have been fun.
This is not fun. I just has my blood boiling.
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katzname
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posted on January 4, 2001 10:02:10 PM new
When I first started, I did not know it was a no no either ~ it would be a hard lesson if ebay shut down her auctions ~ but one that would not be forgotten......
I would warn her before contacting ebay ~ but that is just me.......
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quickdraw29
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posted on January 4, 2001 10:56:51 PM new
Are your sales hurting because of this? Are buyers going to think negatively of you if they see a competitor with your pics? If you're angy because you put effort and hard work into it, what's so wrong with the idea that you helped someone become more effecient?! That's how this world works so just live with it. Your hard work will always benefit the world so be proud and quiting whining.
\"It's lonely at the top, but you eat better.
\"
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darcyw
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posted on January 4, 2001 11:42:55 PM new
I just went through something similar within the last 7 days. I found another auction where the seller did a copy and paste of my text, word-for-word. Boy I was upset. I sell Haviland. I identify the pattern, I write the text to desribe the pieces when I acquire the dinnerware set. I had been selling that pattern for 12 months. I keep my descriptions in a Word file template.
I decided to write the seller instead of reporting her to ebay. She apologized and changed the text of the auction to her own words.
What I did is modify my listing template so that the last line reads: Copyright © 2001 by DarcyW. All rights reserved on photos and text.
Next time this happens I will report it to eBay.
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barrelracer
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posted on January 5, 2001 07:24:31 AM new
Well like I said. There are 2 ways people look at this.
Some think it a compliment. Others, including I, think it is stealing.
Of course the original seller's auctions would be hurting by this, it is as direct competition as you get. The same pic and almost the same text-the only thing different would be the current price.
After trying to be "nice" and emailing the people first and getting rude remarks in reply I just go directly to ebay. They handle it very fast, and then, if this loser harasses you in the future in any way you are already on record with ebay with this individual.
~Not barrelracer on ebay, don't pick on them!~
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nanastuff
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posted on January 5, 2001 11:22:15 AM new
Sorry barrelracer, but I do think this is a different situation, as this is a new person that perhaps just does not know better. As I stated before, a simple non-emotional email to this person could solve the problem immediately; the seller will know by the response what to do next. JMHO
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harvestmoon
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posted on January 5, 2001 12:10:32 PM new
I have mixed feelings about this too, and it really depends on the item one is copying, IMHO. Hypothetically, if someone lists a video size priority box for bid and I'm going to list that exact same box, I do not think it's a crime to copy it as it's identical. I have on occasion copied a pic but went in with my graphic program and colored out the background as not to look like the same pic. I guess it's cheating, depending on how one looks at it, but how many different pictures of a walnut could there be. I suppose when someone takes the time to take numerous shots of their item, close-ups, side views, etc. and someone who is listing the same item doesn't have access to a DC to take the same quality pics, it would sorta tick me off if they copied all the pics, but for a single front view shot, I don't see any harm in it. I do not believe in copying someone else's text though. That I would find much more infringing than the copying of a photo.
[ edited by harvestmoon on Jan 5, 2001 12:12 PM ]
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richierich
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posted on January 5, 2001 12:15:52 PM new
I emailed ebay last night and the other sellers. By this morning I had an email from the person who used my pictures apologizing because she did not know it was wrong.
I responded to her basically suggesting she have my pictures and the others not belonging to her off the auctions. I also suggested that she read the RULES before proceeding.
Now I see that out of the original 19 auctions she had there are now only 10 running, the rest have been end (by her or by ebay, I do not know).
I also had an email from 2 of the 3 other sellers thanking me for notifying them.
If I had to do it again, I would still report it to ebay and not contact the theft. Why? Because I think it is the persons responisiblity to find out the rules before just doing things. I looked at, played with, read it all (not that I remember what it said) and read the message boards for 6 months before I jumped into selling. I felt I need to know, have some idea what is allowed and what is not.
Ignorance of the laws or rules is not an excuse to do whatever one wants to do. At the bare minimuim she could have asked first.
YES, stealing my pictures does hurt my auctions. Everything is so similiar including the * in the title and the description and then the pictures - my bidders may just "know" it is my auction. Even worst once "my" bidders communicate with me they know my name is Patti and she sells under the patty (only part of it) on ebay. Too confusing I think. But I can not do anything about that and that is ok but stealing MY pictures is going too far!
There are only so many ways to take a picture of the same item. The stolen pictures were much better then hers. The background makes a difference. Her colors are blue when they should be purple. But why should I let her steal my pictures so she can profit when I have the exact same items up for auction. It was my time and energy. Is she going to split the profit? I do not think so. There are only so many ways to describe it, but use your imagination or ask me first. Give me the choice to say yes or no.
Thanks everyone for your suggestions. I appreciate them all. Helps me think about it from both sides.
[ edited by richierich on Jan 5, 2001 12:31 PM ]
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mrpotatoheadd
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posted on January 5, 2001 12:20:58 PM new
I have mixed feelings about this too, and it really depends on the item one is copying, IMHO.
If you want to avoid mixed feelings, email the person whose picture you would like to use and ask permission to copy it. If they say "YES", you're home free. If they say "NO", well- you can probably guess what not to do.
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