Ebay Inc. Stole my Pic ! [Archive] - Rangefinderforum.com

CameraQuest

08-27-2006, 09:37

I couldn't believe my eyes, but there it was.

http://search.reviews.ebay.com/_W0QQfvcsZ3003QQsoprZ52119243QQupvrZ3

MY pic of a Voigtlander Bessa R2 with MY 50/2 Summicron, being used by Ebay Inc as a "stock photo." the pic was taken by someone from http://cameraquest.com/voigtBR2.htm

Ebay has a copyright infringment program called VERO by which copyight holders can have auctions which infringe upon their copyrighted material (pics or text) removed once a protest is lodged. I have used it many times, but I have never reported Ebay Inc before!

I sent off an email to Vero to remove my pic, and cc'd the CEO of Ebay, along with a bill for the use of the pic.

Stephen

flashover

08-27-2006, 09:42

just checked it's still there. This dosen't suprise me ebay is a big ............. ah you know what I mean. Make them pay.

peter_n

08-27-2006, 10:44

Good for you Stephen. Make 'em pay!

FrankS

08-27-2006, 10:54

Stephen: big corp., American legal system, copyright infringement, you may become a wealthy man! :)

raid

08-27-2006, 10:56

Think of your poor "brothers" on the RFF ....
Let's all consider sharing as our next goal.

Raid

mc_vancouver

08-27-2006, 10:59

Go get em. And by the way, I think this applies to me, too, in that I have been guilty, sometimes, of purloining an image from someone's site to use for my own ad when I didn't have a digital camera (this was ages ago). As a buyer, of course, I would much rather buy from someone who has the images of the item they are selling, the actual one, not a stock photo. Digital cameras aren't expensive and you don't need a fancy one to take a small image for the RFF (or other) classifieds.

RayPA

08-27-2006, 11:00

I think you need to watermark your pics Stephen. This happens fairly regularly to you. :) I think I put you on to an auction that was usuing one of your images once. This is the first time, however, that a corporation has lifted one. They should know better.

.

ywenz

08-27-2006, 11:01

Why would ebay be so stupid as to do this? I don't get it....

erikhaugsby

08-27-2006, 11:17

I think Ray has it right: Steven, you are a bohemoth in the film world. Therefore, (some) people might find it easy to use your photography in their works. It happens, they get away with it, it sucks.

Fortunately, this time you've caught one of them! :D:D

NIKON KIU

08-27-2006, 11:30

I sent off an email to Vero to remove my pic, and cc'd the CEO of Ebay, along with a bill for the use of the pic. :)

Stephen
You forgot to use a smilie at the end of that last paragraph;)
Kiu

Didier

08-27-2006, 11:44

Let them pay. At least $5000000
Didier

flashover

08-27-2006, 12:58

Stephen I never even thought of this before when I posted in this thread. Useing you photos is widespread. Even in Canada. The Craiglist add I responded to and bought my Contax IIIa from used a shot from you wed page on the IIIa. It was easy to spot with the golden tint to the shot.

Ash

08-27-2006, 13:24

Wow.. make sure you rinse them for everything they got. "Stock Photo" ?!?!

lushd

08-27-2006, 13:29

SDK

08-27-2006, 19:20

Why would ebay be so stupid as to do this? I don't get it....

It's probably some intern's fault.;)

rbiemer

08-27-2006, 19:27

Hi - why don't you take up their invitation and write a review? You might even mention who owns the picture and point out who sells these cameras. That could get their attention and its a free advert for you to make up for some of their cheek.
I just clicked on the link Stepehen gave us and got the same page and the offer to "be the first to review this".
I'm thinking:
Lovely camera as the owner of this photo and its copyright can tell you. For more info and the legal version of this photo go to: http://www.cameraquest.com/voigtBR2.htm" Or something like that?
Which I just did.
Rob

Stephanie Brim

08-27-2006, 19:32

Yeah, you deserve some money out of this. And the recognition that the photo is yours. This was really ****ty of them. I think that when I get these last two things that I'm buying, I'm going to boycott them. People who would just steal someone else's photo for personal gain are not people that I'd like to do business with.

BillBingham2

08-27-2006, 19:41

I agree, turn the screws in on them! They can afford it! If you did something they did not like, they would think nothing of hit you for it. They are not people, they are a big corporation. Hit them hard, hit them again and again and again.

B2 (;->

ghost

08-27-2006, 19:53

this reminds me of an early scene in pulp fiction.

akptc

08-27-2006, 19:55

I'd let it go. You sell these cameras, are easily considered an extension of the manufacturer, where else would one go to get the most appropriate, reliably accurate image/rendition of what the camera looks like - to the source of course, and Cameraquest is a major source. That some young, inexperienced, or plain lazy guy didn’t ask permission, well, it happens. But, better they used your picture than some crappy or inaccurate one. If you can get credit for the photo, great, otherwise, it's just a nice but rather plain-vanilla photo of a camera, isn’t it? I have dozens of my technical illustrations, all copyrighted, being used w/out permission by folks in my profession, but try to see it from the “bigger picture” perspective – at least people are seeing this stuff as it should be. Just my 2 cents…

flashover

08-27-2006, 20:04

Andy I can see your point. But I look at it this way. Ebay is a bussiness and a big one at that. They have yet to give me a break even when I had problems with a buyer refusing to come throught with payment. They got theres and that's all they care about. they make you jump through hoops to get anywhere. So they don't deserve any breaks. Give them an inch and they will take 10 miles

rover

08-28-2006, 02:28

This isn't funny, but it is kind of funny Stephen. You can't make this stuff up. Let us know how it turns out.

clintock

08-28-2006, 03:36

wintoid

08-28-2006, 03:42

Classic post, Clintock. That rings so many bells :D

Ash

08-28-2006, 04:02

if you get well above $3000 can I have $40 to sort out my paypal dispute please?? :D

rovnguy

08-28-2006, 15:14

I notice that B&H watermarks all the images of equipment that they have in their "used" equipment section.

patrickjames

08-28-2006, 15:52

patrickjames

08-28-2006, 23:00

As an aside, I know someone who photographed a hotel and the pictures ended up being used by (I think it was) Orbitz without his permission. He was awarded by the court based on the click throughs of his image. Needless to say I wish something like that would happen to me. It ended up being in the MILLIONS because of the amount of hits. Needless to say, the copyright was registered. If he didn't register, no lawyer would have accepted the case. $30 to register for millions of dollars later.

rbiemer

08-30-2006, 20:43

I just got an email from Ebay:
We are writing to notify you that your review of the product

Voigtlaender Bessa-R2 35mm Rangfinder Camera

has been removed. This was due to the Guide being removed from eBay.
I guess they "discovered" that the pic wasn't theirs to use.
I am still in the "top 5000 reviewers" though:D and last time I looked at the page, 8 out of 8 people found my review helpful. Thanks to folks from around here, I'm sure!
Rob

Gabriel M.A.

08-31-2006, 11:32

Think of your poor "brothers" on the RFF ....
Let's all consider sharing as our next goal.
Ah, if things were that simple. Steve should first stick it to Da Man for Da Man stickin' it to him. We'll deal with the whole mushy brotherhood thing later.

Gabriel M.A.

08-31-2006, 11:39

Reality check-
If Stephen hasn't registered the photo with the copyright office then he will be lucky to get a dime. If ebay refuses to pay his invoice there is nothing he can do because no lawyer will take the case. Here's a lesson for everyone. You must REGISTER your images with the copyright office (And its cheap) otherwise your copyright notice in the real world means nothing. I hope Stephen has it registered.
I'm no lawyer, but that's not how it works. As long as you claim copyright where you've published or posted your work, it is immediately, legaly copyrighted by you.

The disclaimer, though, has to be made. The only reason you would want it registered is to be absolutely sure you can get royalties for your work. Even the U.S. Copyright Office considers it a "formality". They encourage it, though:

http://www.copyright.gov/register/

flashover

08-31-2006, 12:09

just had a look. stolen pic is still there but the review is gone. Hey ebay you make enough money pay for the photos don't steal them

patrickjames

08-31-2006, 17:41

I'm no lawyer, but that's not how it works. As long as you claim copyright where you've published or posted your work, it is immediately, legaly copyrighted by you.

The disclaimer, though, has to be made. The only reason you would want it registered is to be absolutely sure you can get royalties for your work. Even the U.S. Copyright Office considers it a "formality". They encourage it, though:

http://www.copyright.gov/register/

Let me assure you that this IS how it works. The Copyright office may consider it a formality, but the court system definitely does not! Technically you can not get punitive damages (which is how you make money in a copyright case) unless the work is registered before the use takes place. This is the reason why you won't be able to get a lawyer to take your case unless it is registered. Without registration, you can only get the value of the use, which pretty much puts you into small claims court since a lawyer will not take your case. I am not a lawyer, but this is how it works is the real world, at least in the US. If you don't believe me, ask any other professional photographer, the APA or the ASMP. I wish it were simpler.

Gabriel M.A.

08-31-2006, 18:01

Let me assure you that this IS how it works. The Copyright office may consider it a formality, but the court system definitely does not! Technically you can not get punitive damages (which is how you make money in a copyright case) unless the work is registered before the use takes place. This is the reason why you won't be able to get a lawyer to take your case unless it is registered. Without registration, you can only get the value of the use, which pretty much puts you into small claims court since a lawyer will not take your case. I am not a lawyer, but this is how it works is the real world, at least in the US. If you don't believe me, ask any other professional photographer, the APA or the ASMP. I wish it were simpler.

Then it's a sad state of things if a law, such as it is, is meaningless if no lawyer has the balls to stand up for it unless they have a piece of paper (which is what the Copyright office allegedly was trying to alleviate: paperwork). But that's what they say, "posession is nine 10ths of the law".

Hmm, sounds like I have a lot of paperwork to do. I guess they need the fees. Law infringement sure is a business.

jan normandale

08-31-2006, 18:05

I'd be happy if they did away with the stock photo thing altogether.. well, on second thought, seeing the horrid shots people try to make of their photo equipment, maybe not. "I went digital, now this M6 is not good enough for my advanced skills, so I'm selling all my old film stuff" and the shot is out of focus, with an on-camera flash from a digital compact, blown out white table top, and totally black figure of some kind of camera, at a large distance.. with a big flash reflection glare from the glass on the camera/lens..

I often wonder what kind of photographic genius can take a digital camera and (with a preview screen to check the images) take out of focus, blown out, glare covered images. Most people can only take good images with digital cameras today even if they are 'record shots' So how do they do that?? LMAO!

chrish

08-31-2006, 18:13

Let me assure you that this IS how it works. The Copyright office may consider it a formality, but the court system definitely does not! Technically you can not get punitive damages (which is how you make money in a copyright case) unless the work is registered before the use takes place. This is the reason why you won't be able to get a lawyer to take your case unless it is registered. Without registration, you can only get the value of the use, which pretty much puts you into small claims court since a lawyer will not take your case. I am not a lawyer, but this is how it works is the real world, at least in the US. If you don't believe me, ask any other professional photographer, the APA or the ASMP. I wish it were simpler.

i'd second this. I heard bert monroy (the photoshop realism guy) do a talk on having images filed with the copyright office because he had a suit against a magazine company that used one of his images without permission and he lost the case. it had mostly to do with him not having the image filed, but i dont remember the details exactly.

dostacos

08-31-2006, 18:51

Think of your poor "brothers" on the RFF ....
Let's all consider sharing as our next goal.

Raid

sorry Raid, I pointed it out so I will claim the "finders fee":eek: :D :D :D :D

dostacos

08-31-2006, 19:05

I'd be happy if they did away with the stock photo thing altogether.. well, on second thought, seeing the horrid shots people try to make of their photo equipment, maybe not. "I went digital, now this M6 is not good enough for my advanced skills, so I'm selling all my old film stuff" and the shot is out of focus, with an on-camera flash from a digital compact, blown out white table top, and totally black figure of some kind of camera, at a large distance.. with a big flash reflection glare from the glass on the camera/lens..
you forgot the necked guy reflected in a chrome product :eek:

ddutchison

08-31-2006, 22:44

I just got an email from Ebay:
Quote:
We are writing to notify you that your review of the product
Voigtlaender Bessa-R2 35mm Rangfinder Camera
has been removed. This was due to the Guide being removed from eBay.

I guess they "discovered" that the pic wasn't theirs to use.
I am still in the "top 5000 reviewers" though:D and last time I looked at the page, 8 out of 8 people found my review helpful. Thanks to folks from around here, I'm sure!

Sorry, but they didn't take the guide or the picture down, just your review. I've just left another review in it's place referencing Cameaquest's page with the picture, as well as this thread. Is anyone here a member of Slashdot?