Other sellers using my photos and descriptions
I pride myself on taking my own photos and writing my own descriptions for the items I sell on ebay, as I think it builds buyer trust. However other sellers have started using my photos and descriptions when selling similar items. Do I have any comeback with ebay to stop them from doing this? If so how do I go about it? I am not happy to put hours of work into my listings only for someone else to steal them without asking. Thanks in advance, Jon.
18 comments
carbtec
·3 weeks agoYou need to contact ebay's VERO dept. It's a long winded process but if you can show that they are your images they will take down any items using them.
tressygirl
·3 weeks agoThey will not take down any photos being used, as explained we all agreed in the User Agreement for our photos to be used by others and even eBay themselves for their library, see here:
When you create listings you give eBay and its customers permission, through our User Agreement, to use your images, videos and product details. Your content may be added to the eBay product catalogue, and may be used by other sellers in their eBay listings."
@carbtec
carbtec
·3 weeks agoStrange then that they took mine down when I asked them.
You own the copyright to any pictures you take. Vero will remove any listings that unlawfully use your images.
tressygirl
·3 weeks agoI agree very strange , as it is in the User Agreement that others are allowed to use your photos and eBay can too if they wish to put them into their photo library.
@carbtec
jus468420
·3 weeks agoThat's not quite right, I have used the Vero scheme and had quite a few photo's removed that have been used by competitors.
End of the day, you take an image, you own the rights to that photograph and anyone using it is in breach of copyright laws.
I usually find a polite message to seller stating we will take them to court for copyright soon see's them s%^t their pants and its removed.
jus468420
·2 weeks agoIt's not as simple as that. From what I have researched, other sellers can only use photo's of other peoples items if it's on the eBay catalogue.
If the items are not on the catalogue you cannot use them, and from past experience, eBay add photo's when a seller enters a MPM number. If you don't add the MPM number eBay do not use the photos in their catalogue.
i have had many photos removed by eBay for this reason, I had three removed yesterday.
jonatjonatjonat
·2 weeks agoInclined to agree. This is the specific exert from the eBay images videos and text policy
What should I do if my image, video or text is being used by another seller?
When you create listings you give eBay and its customers permission, through our User Agreement, to use your images, videos and product details. Your content may be added to the eBay product catalogue, and may be used by other sellers in their eBay listings.
You may contact the seller and ask them to remove your image or text if it is not part of the eBay product catalogue.
Main problem would be getting eBay to do anything if the seller refuses.
jonatjonatjonat
·2 weeks agoFurther - here are the specific points in the actual user agreement. It could be clearer - but my interpretation would be when a listing is created - ebay has the right to use the content (including images themselves) and has the right to offer it for use by other users. But this as you state is through uploading the images to the ebay product catalogue - this is the offering element. It doesn't give the right for users to simply download the images and use them themselves. Hence why when I go to Sell one like this - it doesn't simply copy the images.
12. Content
When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works). We may in particular use your content, including any photographs you upload, for marketing and promotional purposes. This includes (i) offering it to other sellers to use in their listings, and (ii) displaying it to other eBay users as part of the browsing experience on eBay. We will also be allowed to keep a copy of any content (including photographs) you upload in our product catalogue for subsequent use for these purposes. You authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future for these purposes. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.
We may offer catalogue and/or product data (including images, descriptions and specifications) that are provided by third parties (including eBay users). You may use that content solely in your eBay listings during the time your listings are on eBay's sites. That permission is subject to modification or revocation at any time at eBay's sole discretion.
4_bathrooms
·1 week agoI'll pick the points where I disagree (emphasis added):
"When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works). We may in particular use your content, including any photographs you upload, for marketing and promotional purposes. This includes (i) offering it to other sellers to use in their listings"
That part essentially means that by uploading any content (including pictures) the user grants eBay a perpetual (free) licence to use that content for all eternity. So, whilst you don't technically forfeit your own copyright you give eBay a licence to use your copyrighted content however they see fit which includes allowing other eBay users to use your pictures in their listings.
Note this is in addition to the above; the eBay catalogue is not a requisite for other eBay users to be able to use content that was uploaded by other users.
The "you have" is important as you obviously can't grant eBay any rights that you don't already have as mentioned in my earlier post.
This bit is important as you agree not to assert your "moral rights" nor any intellectual property rights "you have" against eBay or anyone else eBay allows to use your copyrighted content (which includes other eBay users).
If eBay are now listening to sellers using VeRO to takedown listings on the basis of using copyrighted images - without the third-party connection I mentioned earlier - that would certainly be a recent development. I know from experience that eBay historically did not listen to such requests unless the VeRO complainant was a legal entity who was someone separate to the eBay account holder. I have no reason to doubt @carbtec and @jus468420 but I do know that previously unless you provided a link to the image on a third-party website with a different copyright holder stated that eBay weren't interested. If they are listening now that would suggest to me that eBay lost an intellectual property case against a company with deep enough pockets to make it worth their while.
vernonhouseclearing
·1 week agoThat means that another seller can only use the photos if eBay adds them to their product catalogue. I would have thought that would be quite a rare occurance for a private seller's photos.
4_bathrooms
·3 weeks ago · EditedAs per eBay's (never read) User Agreement you forfeit all copyright you have to eBay for eternity when you upload content and agree never to assert your rights over it.
However, you obviously can't forfeit any copyright that doesn't belong to you. For example, if you upload a Nike stock image (for example) you obviously can't forfeit Nike's copyright to eBay. This is also how you prevent other users using your copyrighted images:
First you set up a website with a disclaimer at the bottom of each page that states "All content including images is copyright 2026 Person A"; Person A just needs to be someone different to the eBay account holder (Person B). It doesn't have to be a fancy website; a simple image gallery would do. Essentially, Person A is allowing Person B to use their images.
If another eBay user subsequently uses one of the images Person A files a notice of claimed infringement (NOCI) through eBay's VeRO Programme to have the listing taken down. The NOCI needs to state Person A is the rights holder, the URL on Person A's website where the image and disclaimer can be found, the item ID of the infringing listing and reason code 4.2 (Listing infringes copyright protected image(s)).
This has always worked for me but now that eBay employs AI to police intellectual property you will likely need a letter from Person A to Person B stating that Person B has permission to use Person A's images on eBay.
wycombe1
·3 weeks agoWhy not 'watermark' your pictures? There is good software around that will let you do this quite easily. Or if you host your own pictures you could play around with anyone pinching your work!
tressygirl
·3 weeks agoI believe this is not allowed
@wycombe1
bzmotman
·3 weeks agoIt depends on the type of item. Whether allowed or not there are many tens of thousands of items particularly photographs, slides etc which have been "watermarked". if you don't do it then its a waste of time listing them.
There was a policy of "no wording" but I believe that even if not dropped its not enforced because its impossible for Ebay bots to distinguish between wording on the item and "watermark" wording eg the vast majority of stamps, postcards, magazines etc etc all contain wording.
@rc_shed_uk
4_bathrooms
·3 weeks agoThere is also software and web services available that allow you to remove most watermarks quite easily. Also, as has been pointed out eBay's written policy doesn't allow images to be watermarked although the practice is rarely policed.
It has been a very long time since listing images could be hotlinked and in any case hotlinking does not prevent an image being downloaded and copied from its source URL.
tressygirl
·3 weeks agoThe short answer is.... It's allowed.
Sellers are allowed use another seller's photos , eBay also if they wish, can use a seller's photos for their library.
I always think it's polite for a member to ask, but it's not mandatory, and as said, you cannot decline as it is within the rules.
@rc_shed_uk
tressygirl
·3 weeks agoJust to clarify this thread, as the system doesn't seem to ' stack' the reply to the correct question. My answer above this post ( well it's above as I type!! ?) refers to a seller's photographs Are allowed to be used by other members, but Watermarking your photos is Not allowed.
Sorry for any confusion, this new ' improved' system is certainly allowing for misunderstanding !
@rc_shed_uk
fantailsforme
·2 weeks agoA couple of years ago, I had the same problem.
A fellow ebayer contacted me to say that someone was using my photo. I had a look and sure enough it was my photo being used to sell someone else's CD.
I contacted ebay, they didn't want to remove the other listing until I pointed out that that was my shadow falling across the CD and I didn't want my image plastered over someone else's listing.