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Fellow GJ member using my photos on ebay?

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davethorik

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Curious what the collective here thinks. While browsing eBay surprised to see pics I had taken (of tools) in an eBay auction that wasn't mine. They are pics I've posted here, does that mean it's a free for all? This person has the same username here as on eBay. I was never asked for permission.
 
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Vantastic

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Call him out.
I want to be sure never to bid on his auctions.

Post the link of your pic and a screenshot of his auction. Let's see it.
 

larry_g

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Photographs from all over the internet are used elsewhere. Seems to be the norm. Have you ever linked a photo that wasn't yours for all to look at?

lg
no neat sigline
 
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davethorik

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Larry, maybe a picture on here, but not in a craigslist ad or ebay auction. The auction is still up now.
 

LXCam

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Curious what the collective here thinks. While browsing eBay surprised to see pics I had taken (of tools) in an eBay auction that wasn't mine. They are pics I've posted here, does that mean it's a free for all? This person has the same username here as on eBay. I was never asked for permission.


I never meant for you to see them. Gezzis man, how can a guy get away with scamming a fellow member if you're gonna actually hunt him down. Damn fun sucker. :(








:D
 

BK13

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Did you copyright the photos? If not, what he did is bush league, but legal...


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Zeke

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Did you copyright the photos? If not, what he did is bush league, but legal...


Sent from my iPhone using Tapatalk

Copyrights are automatic. You can register a copyright to make it easier for those that would use your images, especially if they are part of a business of any kind. But you don't have to register your image or text to enforce your right. You do have to prove you originated the work if you want to enforce your right.
 

BK13

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Copyrights are automatic. You can register a copyright to make it easier for those that would use your images, especially if they are part of a business of any kind. But you don't have to register your image or text to enforce your right. You do have to prove you originated the work if you want to enforce your right.


Really. Did not know that. Thanks for straightening me out.


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404

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Did you copyright the photos? If not, what he did is bush league, but legal...


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Copyright is automatic, but registering the copyright gets more money when suing people.
 
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davethorik

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Here are screenshots of auction...
 

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LB-1911

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Curious what the collective here thinks. While browsing eBay surprised to see pics I had taken (of tools) in an eBay auction that wasn't mine. They are pics I've posted here, does that mean it's a free for all? This person has the same username here as on eBay. I was never asked for permission.

:see:

It may be legal from a copyright sense, but ebay frowns upon this.

http://pages.ebay.com/help/policies/image-text.html


Contact ebay and try to get him to pull the pics or shut him down.


:thumbup:

https://www.google.com/#q=someone+using+my+photos+on+ebay
 
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davethorik

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I'm not looking for money, but I'm willing to call someone out who took my pictures from here and used them for personal gain on eBay. Poor form.
 

Sam'sAutoParts

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He should have asked first.

I have had my pictures that I used in my eBay listings copied and used in other peoples eBay listing. I was agitated the first time it happened, and reported it to eBay, nothing came of it. It still irritates me, but I try to look at it as a compliment just so I can keep my sanity. :bounce:

BTW, those are good pictures you took, I can see why he wanted to use them, but he should not have used them unless you gave your blessing.
 

Davefr

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Do the following:
1. Send a contact seller email and tell him to remove the images immediately.

2. If he doesn't do this then contact Ebay. They'll remove his listing if you give them proof but it might take them a few days.

3. If he fails to do #1, then buy a few of these from him and then start leaving him negative feedbacks. $1.50 is a small price to pay for poetic justice.

http://www.ebay.com/itm/OA-Lodge-47...hash=item25ac6f5889:m:mkYzQFKDKPYcEa8nvsWnp1g

I hate images thieves. I try to provide high quality images in my auctions and will not let anyone steal them and take away my competitive advantage.
 
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Fordman7795

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The guy is selling new in wrapper tools and wanted a picture of what the tools look like without opening his. If he was using your pictuRes to scam someone then id be concerned. In this case it seems like a pretty minor issue.
 

TheEuronater

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The guy is selling new in wrapper tools and wanted a picture of what the tools look like without opening his. If he was using your pictuRes to scam someone then id be concerned. In this case it seems like a pretty minor issue.

This is how I feel about it. I mean people use others pictures all the time, even big companies use stock photos that someone else took. He is selling a BRAND NEW item, so instead of opening it up and ruining the seal he is using pictures that he found to show what's inside. OP, if you don't want people using your pictures either watermark them, or state in your post you want anyone that wishes to use your pictures to ask for permission. I agree, he could have asked, as it would have been a kind gesture but the business world isn't always kind.
 
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Kenwc

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The reality is that when you post a pic of "anything" "anywhere" on the internet it's public domain and fair game for anyone unless you copyright it and even then people do it.
 

78fj40

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I have updated the auction and removed the photos.

There was no ill will.

I used google image search to find the photos, there was no specific gain to be made on the images. When the images are copyrighted, google does not allow them to be copied.

So before this gets out of hand, I want to apologize to you and let you know that I am truly sorry.

I had an unwrapped item and didn't want to break the seal to take a photo of the contents. I am not a 'power' seller, and I don't profit from selling this set. It's already at a loss on eBay.
 

theoldwizard1

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Photographs from all over the internet are used elsewhere. Seems to be the norm. Have you ever linked a photo that wasn't yours for all to look at?

lg
no neat sigline

99% of the photos I post here are from "somewhere else". I probably would NOT use someone else's photo to sell something on eBay.
 
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davethorik

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I have updated the auction and removed the photos.

There was no ill will.

I used google image search to find the photos, there was no specific gain to be made on the images. When the images are copyrighted, google does not allow them to be copied.

So before this gets out of hand, I want to apologize to you and let you know that I am truly sorry.

I had an unwrapped item and didn't want to break the seal to take a photo of the contents. I am not a 'power' seller, and I don't profit from selling this set. It's already at a loss on eBay.

Thank you.
 

PJNJ

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The reality is that when you post a pic of "anything" "anywhere" on the internet it's public domain and fair game for anyone unless you copyright it and even then people do it.

Absolutely wrong. Here's a couple of links regarding fair use and public domain.

http://lifehacker.com/follow-this-chart-to-know-if-you-can-use-an-image-from-1615584870

http://www.publicdomainsherpa.com/10-misconceptions-about-the-public-domain.html

As stated before copyright is automatic (for anything created after March 1, 1989 for the USA). And the concept of gain just doesn't consider profit or whether the sale is profitable.
:beer:
 
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Davefr

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The reality is that when you post a pic of "anything" "anywhere" on the internet it's public domain and fair game for anyone unless you copyright it and even then people do it.

Not true. An image is copyrighted the instant it's created.

The fair use exclusion only applies to when the image serves a greater public good. I really don't think the courts would classify a "for profit" auction as a greater public good.
 

gabeancounter

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Curious what the collective here thinks. While browsing eBay surprised to see pics I had taken (of tools) in an eBay auction that wasn't mine. They are pics I've posted here, does that mean it's a free for all? This person has the same username here as on eBay. I was never asked for permission.

I think you should have contacted him before calling him out. I have seen people use pictures from other sites here. Should they all be called out?

Was he selling your picture? Did he cause you a financial hardship?

Put your big boy pants on and contact him privately or just let it go.
 

Hpozzuoli

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I have updated the auction and removed the photos.

There was no ill will.

I used google image search to find the photos, there was no specific gain to be made on the images. When the images are copyrighted, google does not allow them to be copied.

So before this gets out of hand, I want to apologize to you and let you know that I am truly sorry.

I had an unwrapped item and didn't want to break the seal to take a photo of the contents. I am not a 'power' seller, and I don't profit from selling this set. It's already at a loss on eBay.

Well said and very well handled. Your reasoning was just. I am sure you would have asked if Google told you who's picture you found. I wouldn't open a new item to take photos either.
 

Kenwc

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I referred to "reality". It happens thousands of times a day on social media. It's just not something I'd pop a vein over or call someone out in public over.

Not true. An image is copyrighted the instant it's created.

The fair use exclusion only applies to when the image serves a greater public good. I really don't think the courts would classify a "for profit" auction as a greater public good.
 

firworks

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It really doesn't seem like a big deal to me. Like other said he might want to show what the set looks like unwrapped but still sell it as a new in packaging tool. As long as the tools that he sells look identical to the ones in the photo there's no scam or malice involved.

When we went and got our dog on Craigslist, we saw the picture and drove to Indianapolis to pick her up. We get there, dog looks exactly like the picture. We bring her home. A few weeks later we discover the photo that they used was actually a Shiba Inu mousepad. It even had the radius corners from the eBay auction.

http://www.ebay.com/itm/Shiba-Inu-Mousepad-/141845704580?hash=item2106a9af84:g:VCkAAOSwo6lWOrDl

However, it really does look exactly like our dog. :lol:
 

454ragtop

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I think you should have contacted him before calling him out. I have seen people use pictures from other sites here. Should they all be called out?

Was he selling your picture? Did he cause you a financial hardship?

Put your big boy pants on and contact him privately or just let it go.

X2, he's selling new tools, so he isn't trying to scam anyone. Talk about a tempest in a teacup........
 

OCJohn

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Copyrights are automatic. You can register a copyright to make it easier for those that would use your images, especially if they are part of a business of any kind. But you don't have to register your image or text to enforce your right.
This is technically correct, but good luck finding an attorney who'll help you.

Unless you want to spend tens of thousands of dollars more than any potential reward/ruling to try and prove a point, the image needs to be registered.
 

raiderhillbilly

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I guess we will have to stop posting half of what we do. If you removed all the pictures from this site that were copied from google images without permission, I don't guess that i would have ever noticed the site.

I guarantee that every last one of you has posted a googled picture without asking. You should be glad that your work helped a fellow member.
 

Mohawk Dave

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BFD.

New item vs new item. No difference. (Not like someones taking credit for some badass photography picture you took at twilight or something)

78fj40, if I had the photos you needed, I'd let you use them.
 

OCJohn

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PS – most such cases of copyright protection involve big-dollar commerce. The reposting of photos for little to no commercial gain – while illegal – gets a collective yawn from this country's legal system.
 

Roberts210

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How about allowing GJ member 78fj40 to use the photos now that he's come clean? I would if they were mine. I mean his auction obviously wasn't a scam auction, and he sounds like a good guy. He uploaded the pictures to illustrate what was available inside the sealed boxes. Maybe he could give you photo credit in the auction.
 
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drivesitfar

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ALL: just an FYI. if any of you want to post one of my pictures you can or do whatever with it you choose as long as it isn't in bad taste.

i grab pictures all the time by googling and showing another member what he has or needs help with. if that's a crime send me to photo prison i guess.

i would have an issue like the guy in Portland, Oregon advertising a like new vise and then when asked for the 3rd or 4th time before driving 3 hours each way that he actually had a broken unrestored vise. i almost took the gamble and the drive before asking to see the real vise because i thought something was a bit off.

anyway i'd like to see more pictures on Garage Journal with posts so let's not get petty because we all don't have time to take, download and post them when google is one click away.

cheers all
 
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