Again, Photograph Theft, Copyright Infringment?

I saw a thread a while ago on this for someone else's photography. In this case, it is not necessarily because I have such a camera talent, I don't. The issue is, this person took my photograph of my plant, in my backyard, from my member store, and posted it as advertising for their plant on EBay. He certainly didn't have my permission to do this.

Now what is my recourse? Any one know?

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=4305353358

Thanks,
Molly
and my store at: http://184.scifstore.com/module/store/si/7011/

Molly, you can contact eBay and explain what happened. If that doesn't work, let me know - I have a very effective letter we use when we contact someone about copyright infringement of a member's images they've posted here and I'd be happy to help you tailor it to fit your needs. (But I'd definitely start with eBay.)

It falls under VERO for Ebay.

You can download this http://pages.ebay.com/help/community/NOCI1.pdf , fill it out and fax it. Why they don't offer it on-line is beyond me.

It's probably too late on this item, but you can get him warned.

It's a pity he didn't just use the image from the source, instead of copying it, and submitting it as his own. It's always fun when they use your image on your server. You can change the image to what ever you'd like.

I forgot to mention, "Try contacting the person who did it first." Sometimes it's an honest mistake.

He's removed it from his store item, but can't remove it from the one currently running due to the time left.

Terry & Chris, thanks for your input. When I saw the photo on the Ebay site, I immediately zapped an email off to him and told him he needed to get the photo off his ebay ads. I told him I would have to deal with the issue as larceny and copyright infringment. He wrote back and apologized for using the picture, said he didn't realize that it belonged to me. He claimed a friend had sent it to him.

He did take it off the individual Ebay listings, but on the stores listings, it's still on one and it's still on the one currently under bid. (I know they won't let him change his ad under current conditions and circumstances.The item will close in less than 12 hours.)

When this bid closes, I will watch him to make sure he follows though.

Terry I will keep you advise in mind if needed for future infringments and Chris, I'm storing the form for the same thing. YAll are really fast. Thanks so much,

Molly
:^)))

I joined your store site today Molly. I had to see what the picture looked like and it is beautiful. Let us know how the store works out for you. I hope you do well with it.

Molly, before you upload your pictures, use photoshop, or another editing program to put your name on it. Somewhere difficult for them to crop it out of the picture...

you can make a pretty copyright thingy very easily - or someone else could do it for you, and you get in the habit of putting it on all of your pictures before uploading them pretty quickly
i used to do this, but then i really stopped caring whether or not people use my pictures
but if they're using your stuff to make money, then yes i would definitely have a problem with it :)

kinda like this ..or something similar

The internet seems to encourage people to "use" photos and text of others...and "think" that just because what they are "borrowing" doesn't have a bit "copyright" sign on it they are safe. One woman on GW copied a full text of a website, put it on her own website as her own and said she copywrote it. When called on it she claimed innocense. HA!

Yes, I would embrace ebay for help.

Molly... I didn't see a copyright notice on the photo at your store site. I'd take Miss_Kitty's advice and put copyright info. on all your photos before you upload them anywhere.

Edited to add: It's a bummer when anyone steals something, much more so when they use it to make money.

This message was edited Jun 7, 2004 12:25 PM

You are right Darius, there was no copyright specifically on the photos in the store, however, there is a copyright on the store site for Molly's Folly that Dave set up, I assume automatically for all the member stores. I was depending on that copyright to act as an umbrella to everything within the scope of Molly's Folly.

That is a good idea Miss Kitty. I'll have to get my dh to do it for me, he's the photo editor in the house.

In any event, for this time, the party in question has withdrawn my photo and says he won't be using it again. He says a friend gave it to him and he didn't know it belonged to me and he apologized.

Thank you everyone for your advice.

:^)
Molly

perhaps a bit late in the game but there is html code which will (supposedly) disable the right-click option used to obtain photos - of course, if someone REALLY wants a photo they'll find a way to get it.

I have the code if anyone wants it.... but when XP came out, all you have to do is point your mouse over the picture and it gives you the option to save the picture, so the code for disabling left click and right click is pretty much useless. It works for the text though, that way if they are bound and determined to copy your site they either have to retype it or save the entire page and look at the code to get the text.

Some sites that have the no right click code, you can still copy the picture by right clicking and immediately left clicking.... any time you put something on the web you take a chance someone will copy it. Which is why marking your pictures, as I suggested, and Miss_Kitty illustrated is the best way to keep anyone from re using your photos.

Glad he removed your photograph! The way things get passed around the internet, maybe someone did send it to him. Why he couldn't take a picture of his OWN plant, though, is a mystery.

This is an issue that cuts both ways. I periodically have to remove posts or entire threads where people have "borrowed" images and text from emails they received, or directly from other sites.

When I remove a post, I try my best to gently explain the reason for our AUP privately via email, although I'm sure it has caused some hurt feelings with some members. But we have to hold ourselves to the same standard we apply to others: if we allow people to post stuff from other sites or books, it's a little hypocritical to turn around and demand that no one copy the original images and text that our members post here.