Not Mine Diamondbacks $1's - and someone's using my photos w/o permission or reference (1 Viewer)

[Psypher1000]

http://www.ebay.com/itm/200-1-Diamo...796314?hash=item2ca8fe41da:g:lScAAOSwDuJWz321

This is *not* my sale, but it appears to be either the sale of either the person that bought these from me, or someone else who is familiar with my photos.

For anyone who is interested, you do not have my permission to use any of my photos for commercial use unless you check with me first and I express that permission in writing. Chances are you'll get it if you ask - but you must ask first! I've had IP/copyright infringement issues in the past, so now I have to be a stickler about these things.

Referencing photos w/proper credit/citation is fine, of course, but proper credit/citations are not optional.

 

[kmccormick100]

Thought that pic looked familiar, but saw that it wasn't your listing.

 

[manamongkids]

Not me, but fwiw, fighting about IP/copyright infringement on eBay is fighting a losing battle IMO

 

[RainmanTrail]

Ya, it sucks when people rip off your photos without permission. I used to repair electronics as a hobby and sold some parts on eBay and use to have people steal my eBay photos on current listings, then undercut my prices lol. Pretty irritating.

Perhaps @jbutler or someone else with a legal background would know more, but it may be the case that if you post your chip photos on a public forum, they may be fair game for others to use? I don't know. However, you can report the listing on eBay and select the option for "they stole my pictures", or however it's worded, and they will often take the listing down.

 

[RainmanTrail]

Not me, but fwiw, fighting about IP/copyright infringement on eBay is fighting a losing battle IMO

I've gotten at least a dozen listings taken down by reporting them for copyright infringement of my pictures on eBay. They actually take this one seriously.

 

[Psypher1000]

Not me, but fwiw, fighting about IP/copyright infringement on eBay is fighting a losing battle IMO

You're not wrong, but a legal issue from years ago (long story, not going to get into it) has left me in a position where every time I see something like this, it's best that I make such a statement. I feel like a complete tool when I do it, but c'est la vie.

 

[RainmanTrail]

If you'd like to report the listing...

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

 

[Jeff]

Just trying to understand here...did you use this picture to sell these chips? if you aren't going to sue him for copyright infringement on your pictures, what is the potential problems?

 

[manamongkids]

also if it's a member courtesy is to ask permission, Bottom line. Non-PCF member then not sure what you can do, or if it's even worth the effort on this scale

 

[RainmanTrail]

It's not about sueing someone, at least I don't think, it's just about etiquette. You should always seek permission when you stand to benefit from using someone else's photos or work.

I find that people are generally receptive when asked. Like @ChaosRock was when I asked if I could use his bounty chip design and $1 chip colors for my Rounders set. But I imagine it'd be a different story if I just showed up with pr0n one day using his designs lol.

 

[manamongkids]

It's not about sueing someone, at least I don't think, it's just about etiquette. You should always seek permission when you stand to benefit from using someone else's photos or work.

I find that people are generally receptive when asked. Like @ChaosRock was when I asked if I could use his bounty chip design and $1 chip colors for my Rounders set. But I imagine it'd be a different story if I just showed up with pr0n one day using his designs lol.

also could be just a complete oversight by the Seller of these chips. IF he was the one who originally purchased from psypher, he could be totally ambivalent and not realize what he is doing. or maybe jsut lazy to take new pictures

 

[BGinGA]

There are several photos of my chip sets (taken by me) being used on different alibaba ads, used to advertise who-knows-what chips they are selling. I dunno whether to feel violated or flattered....

I'm guessing scott needs to always present a consistent position to protect his more valuable intellectual properties. Not tool-ish imo.

 

[CdnBeerLover]

IF he was the one who originally purchased from psypher, he could be totally ambivalent and not realize what he is doing. or maybe jsut lazy to take new pictures

If that's true, then what prospective buyers are looking at is the condition of the chips when Psypher1000 sold them, not as they are now. And if it's not the same buyer, it may not be a picture of the actual chips for sale. I don't think I'd want to be a prospective buyer in either scenario.

 

[Jeff]

I was asking, because it didn't seem like he was all that upset that they used his pictures (he said he would probably allow it), but it sounded like it put him (psypfer) in some peril about copyright and what not. Maybe it is more about being perturbed about someone using his picture. Thats cool.

 

[Psypher1000]

I'm guessing scott needs to always present a consistent position to protect his more valuable intellectual properties.

That's absolutely half of it, yes.

it sounded like it put him (psypfer) in some peril

In a nutshell...

• I sold goods to person B
• Person B damaged the goods unbeknownst to me after receiving them
• Person B used my pics to sell those goods to person C
• I was aware of their use, and while I asked person B not to use the pictures, I didn't document it
• I was sued by person C because the goods didn't match up to the pics provided by person B, and I couldn't prove that I didn't authorize their use so their claim was that I was complicit in person B's attempt to defraud person C.

Ultimately the case against me was dismissed, but I was advised at that time that every time I saw something like that happen, I had to respond firmly that they couldn't use my art/photos/whatever w/o permission, I didn't authorize their use, etc.

If the seller is on here and would have reached out to me for permission, I probably would have allowed their use provided they meet a couple of conditions. If it's someone I don't know, though, or you don't ask me before hand...no permission for you.

 

[ovo]

good price, but I don't like diamondbacks

 

[pltrgyst]

>... I was advised at that time that every time I saw something like that happen, I had to respond firmly that they couldn't use my art/photos/whatever w/o permission, I didn't authorize their use, etc.

First, they have to prove that you were aware of the unauthorized use.

Suggestion: if you care that much, insert a copyright statement as a watermark in any images you use on eBay, etc. It's easy enough to do.

 

[Psypher1000]

insert a copyright statement as a watermark in any images you use on eBay, etc.

The thought crossed my mind. This has happened twice in two months now. Probably going to have to start doing that.

 

[bergs]

Technically speaking, I believe that you can burn the violator with fire, under US Code.

 

[Toonexile]

I may be wrong but didn't eBay used to have a shortcut to help you create a auction where you could use a feature called something like 'sell something like this'?

If this is the case and it is still available, could the feature give an option to use pics already used by others when creating a new auction and the seller may be using your pics without even knowing where they came from?