posted on April 2, 2001 06:57:06 PM
Hi! If someone steals a picture from an auction and uses it on their website, what are the laws regarding this? Or are there any?
The person stole several pictures of handcrafted items and is selling the items as their own. The pictures most definitely are the auction sellers, you can tell by the backgrounds, positioning, etc. The picture thief is not linking the photos directly (or the problem would be easily solved for the time being). They have obviously been uploaded to the thief's own server. They were previously reported to the web host they were doing this with before and the host shut them down. Now, they have found a new host and are at it again. The new host, at this point, doesn't have much of response.
Is there anything the real owner can do? Are there copyright laws or anything to protect the real owner of the pictures?
posted on April 2, 2001 07:22:26 PM
I dont think there is any legal action for the use of the pictures but if you hold a patten on item they are selling as there own you have a very good case.
inless you actually put your name on the pictures it will be hard to prove it is yours.
I put my domain name in all my auction pictures makeing it far less likely anyone will copy and use them and even if they do use them its great advertizement for my website.
posted on April 2, 2001 07:37:31 PM
The photographs belong to the owner and the their is violating copyright infringement laws.
Contact the violator directly and identify yourself as the owner of the photographs that are being used without permission. Tell them you have not given permission for the use of the photographs and demand that they immediately remove the images from their listing. Copy eBay Safe Harbor into your email demand and follow up and request that the violator be suspended for illegal useage of your photographs without permission.
With a little work, you'll be able to have either the photogrpahs removed from their listings or their account removed from eBay.
posted on April 2, 2001 07:56:18 PM
Thank you for the responses so far!
computerboy: The true owner of the pictures is an ebay seller, the thief user is using them on their website, not on ebay. They were already caught on ebay using stolen pictures (among many other offenses) quite awhile ago and 2 of their user id's have been NARU'd. So reporting them to ebay would have no effect at this point. Thanks anyway!
this wont work since the pictures dont belong to the person makeing the complaint the ower of the pictures would need to make the complant to safe harbor.
secondly if there is not a name and date on the pictures there is no real way to prove who they belong too as well.
there is more or less 100 thousand pictures on ebay inless everyone signs there pictures not much chance of proveing if some one is useing a copy of anothers picture.
posted on April 3, 2001 04:56:43 AM
As the photographer, you hold the copyright. PERIOD. Regardless of where you may havwe posted the pictures, they are YOURS!
Send a formal warning to the new host, (see eBay's VERO PAGE for the warning format) clting the violation of copyright AND tell them that by law, they MUST remove the offending material. Of course, if the copier fires bvack with a "it's mine, so sue me" letter, you are SOL, but I don't think they will do it.
And notify Time [email protected] of the picture theft. Or file a VERO complaint about the pictures.
"They were already caught on ebay using stolen pictures (among many other offenses) quite awhile ago and 2 of their user id's have been NARU'd" Point this out in the message to timesensitive ... they REALLY HATE IT when their warnings are ignored.
posted on April 3, 2001 06:17:40 AM
If a person has NOT paid the US Copyright Office a registration fee, then the work (photo or whatever) is NOT protected under the Federal Copyright Act. A WHOLE lot of people are under the belief that they are entitled to federal copyright protection for free, but they are sadly mistaken.
Original works NOT registered with the Copyright Office ARE protected to a lessor degree by what is called common copyright law.
Obviously it is much easier to prove you are the owner of a registered work than an unregistered one.
However, the courts in most, if not all states, DO recognize common copyright law as long as you have serious evidence as to the origin of the work in dispute.
The courts have not really come to grips with copyright in cyber space yet. One lawyer equated putting a photograph on the internet (a technically public domain) as equivalent to handing our copies of your photographs to anyone at a mall.
That does not necessarily suggest however that those who you hand it do can do with it as they please.
The only TRUE and proper way to indicate that a photo (especially) is copyright is to stamp it such and copyright law DOES indicate that each and EVERY image must be stamped, not just the page et al.
Check it out. I'm sure the regs are free from the Copyright Office.
posted on April 3, 2001 07:02:29 AM
Wrong Rebelguns- a copyright is created as soon as the original work takes a tangible form.
Registering your copyright gives the advantage of being entitled to legal fees should you pursue an infringement. But the copyright is created in the agent as soon as it takes tangible form, registering creates benefits, but has no effect on whether a copyright is created.
The DMCA [Digital Millinium Copyright Act] changed many aspects of copyright. It isn't even necessary to mark your creation with a copyright symbol anymore to maintain a copyright.
The link below has all the basics and I have cut and pasted the pertinent part.
http://www.loc.gov/copyright/circs/circ1.html#wwp
HOW TO SECURE A COPYRIGHT
Copyright Secured Automatically upon Creation
The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. (See following Note.) There are, however, certain definite advantages to registration. See "Copyright Registration."
Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time. "Copies" are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. "Phonorecords" are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the "work" can be fixed in sheet music (" copies" or in phonograph disks (" phonorecords", or both.
If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the created work as of that date.
The use of a copyright notice is no longer required under U. S. law, although it is often beneficial. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works.
[ edited by reamond on Apr 3, 2001 07:10 AM ]
[ edited by reamond on Apr 3, 2001 07:13 AM ]
posted on April 3, 2001 08:41:08 AM
Securing a Copyright is primarily necessary if you plan on taking the bozo to court or if the images are particularly valuable. If anyone had any idea what might take place by stealing an image, they'd never do it. The thief would lose big time
posted on April 3, 2001 08:52:40 AM
I would figure that the primary trouble would be proving the picture was yours. What if that person took his own picture of the same items, in the same background using the same camera???? The pictures would have to be compared bit-by-bit and that is easy to completely change?
If I take a picture of a Barbie doll in a pink evening gown against a white background, does that mean I own the copyright on all picture created the same way?????
posted on April 3, 2001 12:04:54 PM
I would like to thank everyone for the replies! We realize there is not much we can do about the pictures that were already stolen, as someone said, takes alot to prove it. However, how this even came to our attention was another user happened across the person's web site and emailed the true owner of the pictures asking if they were one and the same. So someone who is truly unbiased was able to figure out that it was the same picture being used by 2 people. These items are handcrafted and handmade items, very unlikely that any 2 could be exactly same. And also, one of the pictures has an item that has hand lettering on it. It is the real owner of the pictures handwriting so there is absolutely no question whose picture that is for sure.
Regardless, there isn't much that can be done about what has already been taken. The picture thief was emailed and requested to remove the said pictures, they responded in a frightening and threatening manner. The web shop where the web site is housed is basically not saying anything at this point. The real owner has now taken steps to ensure that future pictures will be safe from this person.
It is amazing how many pics on the person's website are stolen from ebay auctions, just browsing the website, I would say at least 80% were taken from different auction sellers. Many from auctions that are currently running.
I find it a shame that people cannot take the time to create their own pictures, it's not that difficult for heaven's sake!
Again, I would like to thank everyone for replies. All were appreciated!
posted on April 3, 2001 12:05:58 PM
A copyright is "secured" as soon as the original work is brought into tangible form [ provided it is something that can be copyright]- registration is not necessary.
However suing for infringement has two elements to consider- first is it worth it to the copyright owner, and second, does the offender have assets to pay legal fees and damages.
It is doubtful either of these elements are met by small eBay sellers. It is doubtful registration fees are even worth the trouble for small sellers.
It is probably not even worth the time and expense to get an injunction.
posted on April 4, 2001 05:35:09 AM
Ebay will do nothing so don't waste your time I had somone copy my whole ad pictures html ect . Safe harbor did nothing ....He is still using my pictures taken on my dining room table irratating but thats the way it goes.. ihave looked at this sellers auction and it looks like he dosen't own a camera I beleive he just steals all his pictures !!!
can be fixed in sheet music (" copies"