posted on November 2, 2001 07:47:41 PM new
Can somebody help me. I was just browsing through the tarot section on E-bay, when I came across an auction that has used my exact text and scan of earlier auctions for the same item. The only thing they changed is the font that was used. Does someone know what to do about that?
posted on November 2, 2001 08:06:39 PM new
I would email the person with a friendly message that your flattered that your pic was nice enough to copy but you'd prefer they not do it again - If they are linking to your pic host addr - Change the pic to something different with the same file name.
Good luck
posted on November 2, 2001 08:22:50 PM new
They haven't linked to my picture directly, because I use auctionwatch to post my pictures and this seller has used the normal E-bay pictures. So she must have copied my picture. And the text is exactly the same I posted a week ago for the same item, so that is copied too.
posted on November 2, 2001 10:03:12 PM new
Theres little that can be done this time, other than appealing to the others sellers sense of fair play, which isn't likely to work, but in future you might want to consider adding a copyright notice across the image with your user ID, any graphics program can do this.
It's still not perfect, copyright notices can be removed by someone if they want to bad enough, but likely it won't be worth the trouble and time to do it.
posted on November 2, 2001 10:03:42 PM new
I would do as ok4leather suggested and email them. See what their response is. If they realize they're caught, they might quit. If they don't, you can bring safeharbor into it later. You'll need to save all copies (including headers) of any correspondence between you and them in case it does become necessary to involve Ebay. Also, if you have the original, uncropped version of the picture with the filename assigned by the camera, be sure to hold onto it as that will prove you had it first and didn't copy it from them. Ditto for the auction number it was first used in.
The light at the end of the tunnel will turn out to be an oncoming train.
posted on November 2, 2001 11:18:27 PM new
I had someone do this to me this summer...use one of my pictures to sell their merchandise. At first, I just wrote to the seller and asked that they desist in using my pictures for their auction. When they didn't immediately change it and wrote back that they didn't know what I was talking about, I emailed Safe Harbor.
In my email to Safe Harbor I mentioned the offending auction numbers...current and completed (that I could find)...and why I knew the picture was mine. The offending seller didn't even change the name of the picture.
Safe Harbor emailed me and had me download a pdf file that had a form I had to fill out and fax back. Within a few hours, they called me on the phone. I think the phone call was to make sure that I was certain of what I'd reported since she had been really busy with my picture.
The very next day, I received an email from them that the current auctions had been ended and that all the bidders had been notified...even the bidders of completed auctions.
Much to my surprise, though, they also sent one to me of one of my own auctions. I had to respond to that, but they did fix that little mistake. That little surprise had me scramble to see if I had reported one of my own auctions. How they got that number is beyond me.
I have looked, and this seller doesn't use my pictures any more.
posted on November 3, 2001 12:31:47 AM new
It's all part of the auction thing. Some sellers place a clear plastic sheet over their item with their name on it to discourage photo theft. Sometimes I look at it like a 1960's hippy communue where everybody share everything.
posted on November 3, 2001 09:23:49 AM new
About 8-9 months ago I was selling custom made Flash ad banners under my other selling id. A friend emailed me that another seller appeared to be using my banner examples in *their* auctions.
When I looked, I fell out of my chair. Not only was the seller using ALL of my banners, he had also copied my text & unique HTML formatting. In short, his auctions were *exactly* like mine, with his name replacing mine throughout.
I immediately emailed both the seller and Safeharbor, sending SH all the applicable links. I got no reply from the seller, but Safeharbor replied to say they were "looking into it". Three full days later, the sellers auctions were still running, and a second email to Safeharbor was sent, this time SH stated they were still "investigating".
At that point I decided to take matters into my own hands, I pulled the sellers contact info, then using reverse lookup on his phone number traced him to an address in Vancouver. I had my attorney send what was basically a "cease and desist" order by registered mail, and it was only at that point that I got an email from someone purporting to be the sellers "father", apologizing for the actions of his "son" and vowing to end all the auctions, which he did.
To the best of my knowledge Safeharbor never took any action whatsoever other than telling me they were looking into it, there were no downloadable PDF forms, if this is a new policy of SH in dealing with such matters then all I can say is it's about time, because copyright infringement on eBay is *rampant*
posted on November 3, 2001 12:49:35 PM new
This all falls under the DMC act, and VERO is the system ebay uses to meet the DMC act requirements for an ISP.
All an Intellectual Property owner need do is send a letter/fax/email to ebay giving a description and item number, contact information (name, address, ph number) and signed under threat of perjury stating that you are the IP owner/authorized agent, and ebay must remove the item or face possible vicarious liability for infringement. This is the same procedure for any ISP.
The form must contain all the information required by the DMC act, and must be signed. ebay just won a suit where the IP owner just notified ebay and didn't include the required information. He lost his case in court.
For those of you unjustly accused of infringement, there is also a counter-notice claim form where you state under penalty of perjury that you have a right to sell the item. The accuser has 10 or 14 days to go to court and notify ebay of same or ebay must allow you to re-list your item.
While it is easy to get your item pulled by Vero, it is just as easy to get it re-listed, but ebay seems somewhat slow to notify about counter notice claim requirements.
More wrongly accused sellers need to file these counter claims, as most of those who wrongly accuse will not go to court.
It would also make them more circumspect about making accusations if every time they make a flipant Vero claim they then had to also go to court to enforce the claim due to a counter claim.
posted on November 3, 2001 08:02:26 PM new
I would like to thank everybody for their advice and opinion. It has helped me a lot. I have taken action and right now am sorting it out with the seller.
