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  • KK
  • · Edited

This fellow stole all my pics! The plant they are auctioning was sold by me a month ago

http://www.ebay.com/itm/122463147539?ul_noapp=true

here is the same tree I sold on March 31st

http://www.ebay.com/itm/322464384070?ssPageName=STRK:MESOX:IT&_trksid=p3984.m1561.l2649

Just got off the phone with eBay, seems there IS something they can do about it. Covered under their VeRO program

Reportable listings include:

  • Unauthorized use of your content or photo in a listing description
  • Items that infringe on your intellectual property
  • Counterfeit or replica items

http://pages.ebay.com/seller-center/listing/create-effective-listings/vero-program.html#m17-1-tb2

http://pics.ebay.com/aw/pics/pdf/us/help/community/NOCI1.pdf

By the time they receive my report the item may have already sold but I was told the seller will be sanctioned
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Happily, there is usually, but, not always, a solution. I managed to get all my money back from that rambling Spanish woman via Ebay/Paypal.
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Oooo man that's cold blooded.
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Whats he going to do when the plant arrives to the buyer and it looks nothing like the one in the picture? 

I tried to look at the bidders but he has it set on private bidders list 

You could always do what a friend of mine did put up an auction with the same pictures and write NO TREE FOR SALE IN THIS AUCTION Check out the other auction for Black madiera give the item number and his name and explain that he is a thief 

Good Luck KK there's allot of rats out there 
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  • KK

I faxed my complaint with other documentation to eBay's VeRO program. Lets see IF and how long it takes for eBay to act.

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Originally Posted by Dave

You could always do what a friend of mine did put up an auction with the same pictures and write NO TREE FOR SALE IN THIS AUCTION Check out the other auction for Black madiera give the item number and his name and explain that he is a thief


That's a good idea, if eBay fails to act by the end of tomorrow I might give it a try.
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  • KK

I can't believe the nerve of some people, I accused the seller of being a thief for using my pictures without my permission, they just replied

"Of what am I a thief? It would be nice if you would take the time to explain yourself instead of jumping to conclusions."
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What an amazing set of Castagna's.... Sorry to see this crap going on....
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it's happened to me too many times. this is my photo on this Violet De Bordeaux. Maybe a small commission? LOL

http://www.ebay.com/itm/Violette-du-Bordeaux-FIG-TREE-Ficus-Carica-NEGRONNE-Petite-Live-sml-Potd-Plant-/142284528548?hash=item2120d19ba4:g:s1sAAOSwB-1YofBO
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Quote:
Originally Posted by KK
I can't believe the nerve of some people, I accused the seller of being a thief for using my pictures without my permission, they just replied

"Of what am I a thief? It would be nice if you would take the time to explain yourself instead of jumping to conclusions."


He is playing a game with you, he has not "stolen" your pic, you still have it and he is not selling copies of your pic. He is using it without permission.

 I went through this over ten years years ago with my Ebay store, my pics are still being used to this day. After a long losing battle with Ebay I have this info to share. If your pic in not identified as yours with a copyright or watermark and you post it on a public site like Ebay, it become public property. If a person uses your pics posted without these things he can't be held responsible for any copyright problems as it was the copyright holders responsibility to insure it is marked.  On the other hand he may be violating Ebay rules I don't know what they are any longer. But any legal recourse was out without ID on the pics for case. It is not enough to show he used your print you must show he knew it was protected. Still P.O.'s me ten years later and people are still using them.   

I believe there are watermark programs free or cheap. If I was selling online now I would use one with an email address watermark. Even posting on this forum if you don't want other people using them, watermark. He is a jerk but I bet he has done this long enough to know the rules, I wonder if he will ignore getting busted or pull them down. Seems to me if you ask a question it is on the ebay item page isn't it? If so I would ask him why he is using your pics on the sellers page. Good luck with your battle.......I hope Ebay has grown some gonads, ten years ago there was no rules or enforcement of much that was done on Ebay. I dare say it has gotten much better. Let us know what happens to him and your pics.  
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What happens if you bid win auction
then send a message that it is your photo and its fraud they committed
and pay with credit card or just cancel the sale
?

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  • KK
  • · Edited

Quote:
Originally Posted by JMRTSUS


He is playing a game with you, he has not "stolen" your pic, you still have it and he is not selling copies of your pic. He is using it without permission.

 I went through this over ten years years ago with my Ebay store, my pics are still being used to this day. After a long losing battle with Ebay I have this info to share. If your pic in not identified as yours with a copyright or watermark and you post it on a public site like Ebay, it become public property. If a person uses your pics posted without these things he can't be held responsible for any copyright problems as it was the copyright holders responsibility to insure it is marked.  On the other hand he may be violating Ebay rules I don't know what they are any longer. But any legal recourse was out without ID on the pics for case. It is not enough to show he used your print you must show he knew it was protected. Still P.O.'s me ten years later and people are still using them.   

I believe there are watermark programs free or cheap. If I was selling online now I would use one with an email address watermark. Even posting on this forum if you don't want other people using them, watermark. He is a jerk but I bet he has done this long enough to know the rules, I wonder if he will ignore getting busted or pull them down. Seems to me if you ask a question it is on the ebay item page isn't it? If so I would ask him why he is using your pics on the sellers page. Good luck with your battle.......I hope Ebay has grown some gonads, ten years ago there was no rules or enforcement of much that was done on Ebay. I dare say it has gotten much better. Let us know what happens to him and your pics.  



Thanks for the info. According to the US Copyright office

"When is my work protected?

Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created."

http://www.copyright.gov/help/faq/faq-general.html#register

The eBay guy I spoke with checked the listings and determined the seller was in violation of eBay's VeRO program which forbids using other people's pictures/text without permission.

"Copyright – listing content infringement
4.1 Listing(s) contains unlawful copy of copyrighted text.
4.2 Listing(s) contains unlawful copy of copyrighted image.
4.3 Listing(s) contains unlawful copy of copyrighted image and text."

I'd rather not deface my photos. I have no problem with people saving them, sharing them or posting them. But when they use MY photos to sell THEIR product, I consider it stealing

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  • KK
  • · Edited

Quote:
Originally Posted by Dave
You could always do what a friend of mine did put up an auction with the same pictures 


I couldn't resist any longer Dave

http://www.ebay.com/itm/-/192168779427?
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Excellent! Super! I love it! I looked at the sellers other stuff and it sure seems to me that he is very good with photoshopping colors onto plants.... Hope he gets fungus on his toes, the plick!
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  • KK

So ebay replied to my filing an infringement claim, lets see if they do something

"Hello Keith,


Thank you for contacting the eBay VeRO (Verified Rights Owner) Program in regard to potentially infringing items on the eBay site.

 

We received your Notice of Claimed Infringement.  We've sent the following reported listings for appropriate action: 122463147539

 

We'll process your notice as quickly as possible and you'll receive a separate confirmation email regarding the specific action taken.

 

Thank you for helping to keep eBay a safe and reputable forum in which to conduct business.

 

Sincerely,

 

Ian R.

eBay VeRO Team"
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Excellent Keith Get that bastard! The only time eBay moves fast is when you owe them money ... when a seller or buyer needs help it's a slow process .............
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Keith, that sucks...hope something happens to resolve this.

You'd think they could take down his listing or suspend it until after an investigation or something.  
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Interesting. It seems eBay removed the listing.... Which is the first time I've seen eBay take action on something like this.... Or the seller may have figured it out....

Clever idea with the second listing....
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  • KK

Unlike the Rolling Stones, I GOT SATISFACTION......... case closed!

"Thank you for contacting us.

We are pleased to inform you that the following listing(s) you reported have been removed from eBay in response to the Notice of Claimed Infringement you recently sent:

fcgardens

122463147539

We have notified the seller and all participating bidders that the listing(s) has been removed due to your request. 

If the Notice of Claimed Infringement contained items that are not listed above you will receive a separate email communication about those items. These notices may arrive at different times (over a period of up to several hours) as items for different sellers are processed separately.

If you should have any questions or concerns regarding this matter, please do not hesitate to contact us again.

VeRO Program

eBay Trust & Safety"
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Quote:
Originally Posted by JMRTSUS



 I went through this over ten years years ago with my Ebay store, my pics are still being used to this day. After a long losing battle with Ebay I have this info to share. If your pic in not identified as yours with a copyright or watermark and you post it on a public site like Ebay, it become public property. 



That not what my lawyer says, nobody uses my photos ever, if they do, I will sue them. And I will win too. Even EBay can't steal your photographs. Public property, I would love for them to try that. I need a new car.
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Quote:
Originally Posted by KK
Unlike the Rolling Stones, I GOT SATISFACTION......... case closed!

"Thank you for contacting us.

We are pleased to inform you that the following listing(s) you reported have been removed from eBay in response to the Notice of Claimed Infringement you recently sent:



Yes, of course they removed it, copyright infringement is a huge no-no. I used to sell photographs, you do not have to watermark them or do anything, but I would include that photos cannot be used without permission, it just moves things faster in some cases.

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Glad there was a good resolution for you and the rest of the information discussed is valuable for all of us in case we ever find ourselves in similar circumstances...
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