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 SpanishCat
 
posted on October 27, 2001 05:37:55 AM new
Okay, so I am checking out my auctions this morning and as always I check out how the rest of the items exactly like mine are doing so I have a fair idea of the "market". And what do I find???! Someone has lifted my photos! No doubt about it! Exactly the same!

So what do I do? Report them no doubtly but with the "I am so mad revenge" attitude, I want to replace my photos, too! How will that effect their photos? Will theirs still appear of will they lose them?

Any and all help/ideas are welcome! Both mine and their auction have a little more than 1 day left!

 
 mommacude
 
posted on October 27, 2001 06:39:07 AM new
It depends on if they saved a copy of yours or linked to where you have yours hosted.

Which brings up a question. . .do you guys think it's OK to use a photo from a company web site such as a Barbie? I did that when selling a Barbie I just got from the Mattel outlet, without even really thinking about it. . .not from another seller. .. but is that against the rules also? I just went to Mattel.com and used the photo there. I didn't link to it, but saved a copy and used that. I notice a lot of other Barbie sellers using those photos or the ones from eToys.com.

What do you think?

Christine

 
 madorman
 
posted on October 27, 2001 06:50:05 AM new
My instinct tells me that it is wrong in the eyes of that web site, but that you're not likely to be caught and scolded unless some one turns you in. (which is more likely to happen if you post something like this in a chat room).
Caution advised.....
M A Dorman & The Woman's Club of Ramsey
 
 SpanishCat
 
posted on October 27, 2001 07:02:44 AM new
Well, I emailed them requesting the seller to remove my photos from their auction and included in the email Ebay's Infringement Rules.

But, couldn't take it anymore and reported them to Ebay too!! I feel somewhat better, but then checked and 1 of my bidders on my item (who got overbid) has now bid on this sellers item WITH MY PHOTO on it!!!! Now I feel like emailing that buyer letting them know it is a stolen photo.....any ideas???

Still considering changing my links.......

 
 Avante
 
posted on October 27, 2001 07:05:10 AM new
There is a javascript that you can post in your auction description that disables the right click on the mouse. I have mine at the bottom of my listing options in AW software this way I don't have to constantly remember to put it in. Here it is:
<script language=JavaScript>
<!--
/*
Disable right mouse click Script (By Crash @ http://walk.to/crash)
Submitted to and permission granted to Dynamicdrive.com to feature script in it's archive
For full source code to this script and 100's more, visit
http://dynamicdrive.com
*/

var message=" ";
function click(e) {
if (document.all) {
if (event.button==2||event.button==3) {
alert(message);
return false;
}
}
if (document.layers) {
if (e.which == 3) {
alert(message);
return false;
}
}
}
if (document.layers) {
document.captureEvents(Event.MOUSEDOWN);
}

document.onmousedown=click;
// -->

On the "var message" Put what you want to say when they do try and right click. When someone does right click a little box will appear on their screen with the message you inserts. Ex: they right click and a box appears saying "Oops, that's a no no thank you" whatever you choose to say in the var message appears. This is really cool. If the above does not work this is the website that should have it listed in it's archieves and many others. http://dynamicdrive.com

There are ways around this, but if the person is to lazy to do their own homework chances are they are to lazy to figure out the way around it. And off to someone elses auctions to lift their images. Hope this helps.



 
 SpanishCat
 
posted on October 27, 2001 07:10:24 AM new
Well, I realize I can't change my links because that would probably ruin the photos in my auction. I can't go in and revise because I already have bids. However, their auction ends 7 hours after mine. That way, I could email my winning bidder the photos, and then change the links to my cats or a photo I can take today which would be maybe a photos of a note which reads "This seller steals photos". That would maybe work, right?

 
 wowwow85
 
posted on October 27, 2001 07:16:11 AM new
take it as a compliment and stop acting like a cry baby.
cry cry cry,whine whine whine!

 
 MartyAW
 
posted on October 27, 2001 07:19:37 AM new
wowwow85,

Remember to focus on addressing the subject matter, not the individual.

Thank you for your cooperation.

Marty

[email protected]
 
 Avante
 
posted on October 27, 2001 07:22:15 AM new
Well spanishcat you could go ahead and change your pic now. Take a pic you want to exchange it for (replacing your cats using the current name of the image on auction) change the file name on the current images you are using, go to add to item description on ebay and add the new pics image file name, at the end of the pics include the disable right mouse click java from my message. On AW there is a way to go and attach multiple images (it comes up in text and you just copy and paste to the add item description) If the person that stole your images didn't copy them to their computer but is simply using the link to yours, your cats will appear on their auction too. Wow your cats could really get alot of exposure this way.

 
 stormypetr
 
posted on October 27, 2001 08:02:36 AM new
I'm not sure I understand people's preoccupation with this. You are posting a picture of an item. All of the pictures are, by default, going to come out looking very similar. If someone wanted to make their picture look exactly like yours, it would be pretty easy. I really don't care if anyone uses my picture. I would be more upset if they copied all of the wording from my auction. That's where you separate the marketers from the sellers.

 
 SpanishCat
 
posted on October 27, 2001 08:11:31 AM new
Well, the reason it is upsetting to me is that no one selling this particular item had ever posted pictures as good as mine. I hope that doesn't sound egotistical, but my photos showed very nice detail of the item and I got a higher final bid then anyone lately when I listed the same of a multiple item 2 weeks ago.

This seller must have noticed this because they have another similar item that they did attempt to take the same type of "shots" (full shot of item and close up of face) and they did not turn out as well as mine. They then turned to stealing photos to get the same results as me.

In response to those who think I am whining and crying:
Have your photos ever been stolen? I always thought the same thing that it would be a "compliment", however, when you happen upon someone elses auction and YOUR photo is appearing, it is somewhat of a shock (sarcasm!!). I felt unique in that my camera and photography skills were more sophisticated than the other sellers with this item. It is like being at work and a co-worker steals your business idea.

Does that help put it in perspective?

 
 jubilee333
 
posted on October 27, 2001 09:05:39 AM new
SpanishCat - I totally agree with you. I have never had my photos stolen yet that I have noticed, but I already can tell you it would upset me if it happened to me. It is copyright infringement plain and simple. It is not a compliment at all. I for one am bothered by the fact that people are stealing other people's work. It's against the law. And these people that are telling you to get over it and stop complaining are some of the people that won't tell a little white lie on a customs form and list it as a gift. A law is a law is a LAW...

Jube


 
 AuctionPulse
 
posted on October 27, 2001 09:55:43 AM new
SpanishCat you did the right thing by emailing this person and reporting them to eBay. They are indeed in violation of Copyright laws. This happened to me too and it really makes your stomach turn!

"do you guys think it's OK to use a photo from a company web site such as a Barbie?"
Only if you have contacted them and are authorized to do so. Otherwise, you are putting yourself at risk for copyright infringement.


 
 Nanasturtles
 
posted on October 27, 2001 10:27:54 AM new
I would be upset and was upset.....I found that someone was stealing my photo's and I was being charged by auctionwatch for them using them from my account!

 
 wowwow85
 
posted on October 27, 2001 10:29:45 AM new
some suppliers welcome sellers to use their photos as they know most are amateurs when it comes to photography and description.
in your case your competitor is stealing your photo,not your product.
he/she is selling the same product??right??
it is possible to have very similar photos when sellers sell identical products,your camera is probably a digital camera which is available in stores,he can imitate your background,lighting and achieve the same effect.
all the ingredients are available -name brand digital camera,lightbulbs,background paper/
unless you have a decorative piece in the photo ,i know some jeweler likes to use a fresh orchid she cultivates in her own greenhouse ,which is hard to obtain and is placed in the photo which is not easy to crop out.
it is not AGAINST THE LAW to have similar photos when selling mass produced products.
look at it this way-there are sellers who sell booklets on ebay titled how i make millions selling on ebay and now you can,or how i make 200,000 in my first month,now you can write a book and say how to take photos like me and get the highest bid??


 
 wowwow85
 
posted on October 27, 2001 10:40:08 AM new
anyone who is so concerned about complying with law this and law that should not bother getting involved with ebay,this is just like showing up in pure white gown at a filthy open market and complain the air stinks,the ground stinks and everything stinks,and now the gown will get stained,why come,why not go somewhere else ?
of course this person will probably buy something cheap and ask seller to pay for drycleaning.
ebay is a flea market and is becoming more so every day.
liquidation dot com salesman will tell you how much inquires they receive from ebay sellers.

 
 jubilee333
 
posted on October 27, 2001 10:43:33 AM new
wowwow85... I HIGHLY doubt that someone could take the EXACT same photo as someone else... Similar sure... but EXACT? come on... Clearly they lifted it from her auctions...



 
 wowwow85
 
posted on October 27, 2001 11:08:46 AM new
we dont know until we study the two photos,even after we study the photos,we have to ask who are we to judge,all we see are two photos on our own pc monitors?
also some photos are scanned,then we are comparing one scanner versus another scanner.
i would say if you are a superb photographer and you sell items which are easily obtainable from wholesalers,you will always have smartasses who come along and steal your photos.
not just photos,think of all the merchandise taken into china and reproduced.


 
 mcjane
 
posted on October 27, 2001 12:02:10 PM new
Do what someone else once did. They put big red letters over their picture saying:

"50% discount & free express shipping on this item"

It was there for a few days as the seller didn't notice it.
Too bad we could never know what explanation he had for his bidders.
I believe it was a dutch auction too.

 
 SpanishCat
 
posted on October 27, 2001 12:56:25 PM new
Well, the email to the seller worked as they emailed me stating:

"Yes, sorry about that. I was in a rush. I swear I have never done this
before and can promise I shall never do it again. Again I greatly apologize
for this."

She has since removed the photos and replaced them with her own.

Apparently the best policy going forward is to address the person you have the issue with. Thank you to all who gave advice.


 
 joice
 
posted on October 27, 2001 01:00:45 PM new
Locked at the request of the originator.


Joice
[email protected]
 
 
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