Intellectual property

[fold423]

What should I do if I see my pictures and listing description used on a similar item? There is more to it than this but any advice would be helpful for the moment. Thanks

[**peaseblossom**]

About halfway down the listing, on the far right you'll see a link to "Report this item".  Click on that and select "Copyright" as the reason.

[four_mid_able]

https://www.ebay.co.uk/help/policies/listing-policies/images-text-policy?id=4240

[suelel1968]

Interested to know how they get your pictures because sell one like this doesn't add the pictures. Just interested. 

[4_bathrooms]

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@fold423 wrote:

What should I do if I see my pictures and listing description used on a similar item? There is more to it than this

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Not unless your content was subject to copyright elsewhere - by a legal entity other than yourself - prior to yourself uploading it to eBay. The User Agreement explains why.

[the_bald_orc]

As far as I understand it when you upload your own pictures to eBay these then become property of eBay and they allow other sellers to use them. The best bet is to put a watermark on your images to dissuade other sellers as much as possible.

[the_bald_orc]

Sorry I replied to the wrong person, but you get the gist. 

[4_bathrooms]

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@the_bald_orc wrote:

As far as I understand it when you upload your own pictures to eBay these then become property of eBay and they allow other sellers to use them. 

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Precisely. The link I posted means any content you create and upload to eBay (including images, videos and item descriptions) becomes eBay's copyrighted work for all eternity. Further, you agree other eBay users can use your content in their listings (not just listings in the catalogue) and you agree not to pursue any claim to the copyright you used to have before you handed it all over to eBay.

However, you can't grant eBay any rights you don't have in relation to the content you upload, including copyright. For example, if you upload a manufacturer's stock image of a branded footwear item you obviously can't transfer copyright of that image from the brand owner to eBay as it isn't yours to transfer.

The simple answer for any seller who wants to prevent their images and item descriptions from being used by other eBay sellers is to make sure they don't own the copyright to the content they upload. To do this they need to ensure a website exists with a copyright notice in someone else's name that holds all the images, item descriptions etc. The content needs to be published on that website before it is uploaded to eBay; that way the creation date for the copyright can be established. If another seller uses the copyrighted content the person named in the website's copyright notice needs to file a VeRO complaint for copyright infringement providing the URL of the offending eBay listing and the URL of the website page where the content is copyrighted. In the jurisdiction section of the NOCI form they need to simply put "Berne Convention" (copyright does not need to be registered and has global jurisdiction). 

[santlache_sales]

Write your name on them....

People will still steal them if they really want to by taking your name off and eBay won't do anything.

At the very least it makes it a bit less easy to just swipe and use.

I had it with a coin once, clearly stolen from one of my listings, well dodgy and they weren't even in the UK, yet eBay did nothing. It was an ebay buyer and collector who told me they were stealing my photos too, otherwise I'd have never known.

[stans_pals]

Try messaging the seller and see what they do. Sometimes this can work, I have had a similar issue and dealt with it by chatting about it with them.

[everyfone-uk]

When this happened to me, I contacted the vero program, then I provided all the evidence to prove that the original pictures were all mine. VERO program then forced the seller to remove the listings which contained my pictures. 

[fold423]

Hi

Thank you for that info. I did contact the VERO program originally but have not heard anything yet. Most other replies have said that I won't get anywhere, as once you have put the pictures on eBay they then become their property. Is that true? Thanks.

[4_bathrooms]

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@fold423 wrote:Most other replies have said that I won't get anywhere, as once you have put the pictures on eBay they then become their property. Is that true? Thanks.

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Did you check the link to eBay's User Agreement I posted earlier? Here's the pertinent part:

"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."

Note you can only transfer the rights you have. My earlier post explains what this merans in further detail.

[everyfone-uk]

No.
As stated here
https://www.ebay.co.uk/help/policies/listing-policies/images-text-policy?id=4240
First line
" You should take your own pictures"
2nd line
"You may also use the images and product details from the eBay product
catalogue
<>.
This content is provided by eBay customers and third parties, and can be
used by all sellers for additional product information."
So yes if you put your pictures on ebay , the ebay can upload them to the
ebay product catalogue for other users to use- but ONLY if they are
uploaded to the ebay catalogue eg eBay are unlikely to upload a picture of
your nans old scarf to the ebay catalogue so not every picture you upload
to ebay goes into the catalogue.
If you take you own pictures they are owned by YOU and if someone else
copies them then they have infringed on YOUR rights as stated here .
Then read this part in the full policy.
"
Images, videos and text policy overview

When creating listings, store pages or product pages, sellers should write
their own text and take their own photos and videos. Buyers like to see
images, videos and descriptions that accurately represent the item they are
purchasing. Learn more about adding photos to your listing
<>
and writing a good title and description
<>
.

You may also use images from eBay's catalogue by using the Sell one like
this feature. If you upload text, video or photos created by someone else
to eBay, you must have explicit written permission to use them on eBay from
anyone that has any rights to that content. If you don't, your item may be
removed by the owner of the content through the Verified Rights Owner
(VeRO) programme."So 1)buyer's should create the own photos

2) You can use pictures from ebay catalogue only ( This does not mean you
can copy ANY picture that someone else has taken themselves and then put on
ebay UNLESS its in the ebay picture catalogue .Only a small % of pictures
are in the ebay catalogue of pictures.

3) If you upload text, video or photos created by someone else to eBay, you
must have explicit written permission to use them on eBay from anyone that
has any rights to that content. If you don't, your item may be removed by
the owner of the content through the Verified Rights Owner (VeRO). YOu have
rights to your own content- So IF someone has directly copied your
pcitues AND your pictures are not in the ebay catalogue then contact the
VERO program and provide them all the info they request and they should
remove the copied photos from the other sellers listings and their listings
are removed- Thats what I did.

[papso22]

Your extracts are from guidance, they contain the words 'should' and 'may', these are discretionary terms unlike 'must'.   Ebay does not always follow its own policies and they are not legally binding, although a court may be persuaded by them

The user agreement on the other hand is a legally binding document, so what it says overides the policies where there is a different 'interpretation'. 

[everyfone-uk]

True..

But this bit is quite explicit.

"If you upload text, video or photos created by someone else
to eBay, you must have explicit written permission to use them on eBay from
anyone that has any rights to that content. "

You own the rights to your own content, Unless it gets uploaded to the ebay catalogue.

As i said- this happened to me, I contacted VERO and I provided all my original photos showing their Meta data to prove they were mine and VERO removed all the other users Photos and removed their listings where they had copied my Photos.  The originator of the photos should contact VERO and provide the info requested- I did and it worked and VERO removed all the other users content and their listings. I think sometimes people copy other people photos and they are just lucky that the originator cant be bothered to provide all the info to VERO because it is a quite along winded process. You should always take your own Photos to be on the safe side...

[pillarboxred]

I think a screenshot or screengrab is one way.

[pillarboxred]

This is how Capitalists take the labour of modern workers without payment. It should be a public issue but isn't.

[pillarboxred]

I think it matters most for sellers of manufactured goods where in theory every example of a new packaged product is identical. If selling a vintage, used item a seller needs to do their own photos.

[pillarboxred]

The buyer from the thieving seller's listing must have been disappointed not to receive the coin in your picture. It would have been a headache for the buyer and for eBay but not for you.