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Someone stealing your images and selling them on Ebay?
Todd Spoth, Photographer, Student/Intern
Houston | TX | USA | Posted: 6:55 PM on 08.09.11
->> Sorry if this has been discussed before, but I just found a seller on Ebay who has their own store and is a "top-rated seller" who deals in sports autographs on prints selling autographs on prints using my photo.

This image was shot for a newspaper and has not been licensed out.

Anyone else deal with this?

Advice?

Thanks,
-Todd
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Todd Spoth, Photographer, Student/Intern
Houston | TX | USA | Posted: 6:57 PM on 08.09.11
->> Should I contact Ebay first? The seller?

Should I ask him for an autographed Babe Ruth baseball instead?
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Bradly J. Boner, Photographer, Photo Editor
Jackson | WY | USA | Posted: 7:03 PM on 08.09.11
->> It depends on if you own the copyright or if the newspaper you shot it for owns it. If the newspaper owns it, I'd inform your editor or publisher and then leave it up to them.

If you own the copyright, you might first try and advanced search on ebay for completed auctions/listings from the seller and see if or how many images he's already sold, as you'd likely be entitled to damages. I'd then contact the seller.

If the sell is non-compliant, inform ebay and an attorney.
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Jim Colburn, Photographer, Photo Editor
Omaha | NE | USA | Posted: 7:04 PM on 08.09.11
->> Why not see if he has an RB67 film back he can trade you for the rights to the picture?

Just trying to help...
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Todd Spoth, Photographer, Student/Intern
Houston | TX | USA | Posted: 7:54 PM on 08.09.11
->> Thanks Bradly,

I own the copyright to the images.

How do I go about searching for auctions that have already ended?


Jim,

Eat a dick, old man.

-T
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Jeff Gammons, Student/Intern, Photographer
Niceville | Fl | USA | Posted: 8:02 PM on 08.09.11
->> That better make the FYSS tumblr...
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Mark Peters, Photographer
Highland | IL | USA | Posted: 8:11 PM on 08.09.11
->> 1) Did you register the copyright?

2) Take screen prints, then contact E-bay directly and inform them of his/her infringement.

3) Send the seller a cease and desist and demand for licensing fees.


#2 will actually yield a result. I wouldn't wait for him to respond - he's going to ignore you, keep selling and when/if E-bay locks him down, he will just set up a new account. If you didn't register the copyright in a timely manner, your attempts to collect any type of damages will be exponentially more difficult (and costly).

There is a box on the left to check to return completed listings.

There was a thread here a couple of years ago on the same topic - AJ Hawk image if I recall correctly.
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Jim Colburn, Photographer, Photo Editor
Omaha | NE | USA | Posted: 11:11 PM on 08.09.11
->> "Eat a dick, old man"

I'm sorry, perhaps you could explain how it's done. Your experience would help in this matter.
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Mark Peters, Photographer
Highland | IL | USA | Posted: 11:35 PM on 08.09.11
->> If only it was still on the air.......

Spoth, Colburn, this week on MTV's Celebrity Deathmatch
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Brett Clark, Photographer
Elizabeth City | NC | USA | Posted: 2:11 AM on 08.10.11
->> Todd, I like your style, good show!
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Michael Granse, Photographer
Urbana | IL | USA | Posted: 8:34 AM on 08.10.11
->> Suggestions that one or another person commit random acts of fellatio are generally reserved for the third or fourth post in an online fight. You guys just skip RIGHT to the Big Guns!
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Jeff Brehm, Photographer, Photo Editor
Salisbury | NC | USA | Posted: 8:59 AM on 08.10.11
->> Plus, it was pretty discourteous of Todd to not offer any condiments. We do have some standards of decorum here.
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Luke Johnson, Photographer, Student/Intern
St.Petersburg | FL | USA | Posted: 9:09 AM on 08.10.11
->> I don't know whether to mark those posts as funny or inappropriate. I'm stumped.
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Patrick Smith, Photographer
Baltimore | MD | USA | Posted: 11:32 AM on 08.10.11
->> Spoth 2, Colburn 0
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Mark Loundy, Photo Editor
San Jose | CA | USA | Posted: 12:38 PM on 08.10.11
->> They don't need a license to sell a print. They DO need a license to make or publish a print.

--Mark
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Todd Spoth, Photographer, Student/Intern
Houston | TX | USA | Posted: 1:27 PM on 08.10.11
->> Care to expand on that, Mark?

This person sells mostly baseball cards that have been autographed.

There don't seem to be any earlier sales involving my image.

There are two current auctions involving 1 image of mine. In one auction its the full image printed, in the other apparently he took my image and make it look like a cheesy vignette or something where the face is just visible. Both have been autographed by the player.

It was brought to my attention by another fan who inquired about properly purchasing a print for himself to get autographed.

The user found my image on the internet which was most likely linked back to my blog or my photoshelter, saved the image, had it printed and autographed and is now selling it for a profit.

I contacted ebay about this and am waiting to hear back.
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Landon Finch, Photographer
Colorado Springs | CO | USA | Posted: 3:29 PM on 08.10.11
->> If I buy a print from someone, I can sell it whenever and wherever I like. I don't need a license to sell the print I bought. I do need a license to legally make a print.
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Bradly J. Boner, Photographer, Photo Editor
Jackson | WY | USA | Posted: 5:10 PM on 08.10.11
->> Hey, Todd. Go to eBay's advanced search:

http://shop.ebay.com/ebayadvsearch/?_skipfnorm=1&rt=nc

Under "Search including" check "Completed listings"

Check "Only show items from:" under "Sellers" at the bottom.

Again, I'd contact the seller first, and if you have no luck, report him to eBay.
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Israel Shirk, Photographer, Assistant
Boise | ID | US | Posted: 6:20 PM on 08.10.11
->> I'd just send a DMCA takedown notice... Waiting for ebay or paypal to respond to anything, one can wait an awful long time.

http://pages.ebay.com/help/community/registered-agent.html
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Israel Shirk, Photographer, Assistant
Boise | ID | US | Posted: 6:22 PM on 08.10.11
->> Or there's an ebay-specific method here: http://pages.ebay.com/help/tp/vero-rights-owner.html

Might speed things up if you're having to do this more than once.
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Todd Spoth, Photographer, Student/Intern
Houston | TX | USA | Posted: 9:42 PM on 08.10.11
->> Thanks guys.

It seems as if he has not sold any of them before and the two current auctions are the first.

I sent a message to ebay last night and got a call back today that ended with them transferring the case to the trust and security team who is apparently going to have the auctions taken down and the items destroyed.

They are also going to send notice on my behalf to make sure the user understands what he is doing, that it is illegal, and that there will be legal action if he attempts this in the future.

Im got with that.

-T
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Todd Spoth, Photographer, Student/Intern
Houston | TX | USA | Posted: 9:42 PM on 08.10.11
->> *good with that.
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Mark Loundy, Photo Editor
San Jose | CA | USA | Posted: 10:31 PM on 08.10.11
->> Todd,

What Landon said. Copyright ls, literally, the right to copy. One does not need to ask permission to sell a print that they obtained legitimately. They only need to ask permission to MAKE a print.

--Mark
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Mark Peters, Photographer
Highland | IL | USA | Posted: 11:02 PM on 08.10.11
->> Jeff Gammons wrote "That better make the FYSS tumblr..."

Less than 24 hours.
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Chuck Liddy, Photographer
Durham | NC | USA | Posted: 12:24 AM on 08.12.11
->> Todd, Jim, get a room!!!!!!
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Sam Santilli, Photographer, Photo Editor
Philippi | WV | USA | Posted: 5:28 PM on 08.13.11
->> Chuck, a room is not needed, just a dirty men's room at the local bus station.
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Jim Colburn, Photographer, Photo Editor
Omaha | NE | USA | Posted: 11:15 PM on 08.13.11
->> "a room is not needed, just a dirty men's room at the local bus station"

1) Sam... A room is a room..

or

2) Sam... Tsk, tsk, tsk. It looks like you have very low standards.

Take your pick.
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Michael Granse, Photographer
Urbana | IL | USA | Posted: 1:20 AM on 08.14.11
->> This thread has been a case study in low standards.
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Chris Detrick, Photographer, Assistant
Salt Lake City | UT | USA | Posted: 3:48 AM on 08.14.11
->> No, this is a case study on jim colburn--the washed up vindictive ass hole.
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Mark Loundy, Photo Editor
San Jose | CA | USA | Posted: 2:42 PM on 08.14.11
->> Chris,

As I'm sure that you are unaccustomed to using the word, I just wanted to let you know that asshole is one word.

--Mark
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Jeff Brehm, Photographer, Photo Editor
Salisbury | NC | USA | Posted: 4:57 PM on 08.14.11
->> Wow. This took an ugly turn....
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Jim Colburn, Photographer, Photo Editor
Omaha | NE | USA | Posted: 11:32 PM on 08.14.11
->> Dagnabit Chris, you youngsters these day with yer high-falutin' charter school educations just ain't been exposed to the things that us old folk was.

Things like sarcastic humor, even litotes, were commonly taught in our one room school houses back in the old days.

And don't get me started about Latin. Dang, that was tougher than a rat's hide soaked in brine from Ash Wednesday to Easter.

Lent? To who and for how long?

And another thing, while gold ole Mark maybe right in one way he maybe never figured the you mighten have meant an actual hole filled with asses (the biblical beast of burden of course). Ifen you blindfold the little things and point them towards the Grand Canyon... Bingo! Ass Hole!
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Scott Miller, Photographer
Sorrento | FL | | Posted: 8:33 PM on 08.15.11
->> Todd

I have been through this before with Ebay so have a couple of others I know.

Ebay basically takes the stance "tough shit." They give some BS answer about them selling a print not merchandise that was stolen blah, blah.

Basically they will and don't do anything about it.
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Thread Title: Someone stealing your images and selling them on Ebay?
Thread Started By: Todd Spoth
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