Another seller using my photos to sell their goods and ebay saying it's ok

[stevem3pwx]

I reported to ebay another sellers listing as a potential buyer contacted me saying they were confused as they'd seen a similar item beiing advertised for sale that used exactly the same photos as i'd used on my listing which including personal things like a picture of me in my garden with the item i was selling.  I contacted ebay (not easy)  and waited a week for them to come back only to say no violation has been made.   I can't see how they can say that.  Now i need to find out how to appeal.

[*vyolla*]

eBay recommend that you contact the seller and ask them to stop using your photos, see their guidance page on below:

https://www.ebay.co.uk/help/policies/listing-policies/images-videos-text-policy?id=4240&st=3&pos=2&q...

There is very little else you can do. It's pretty daft for a private seller to snag the photos from another private seller that feature an item that they do not have in their possession. Lots of scope there for them to get a not as described return, I'd have thought. 

[jckl1957]

Have you contacted the other seller?

I would get in touch and ask them to remove the photos with you in.

[roger_roger_over_and_nowt]

At the bottom of your main picture it says "have one like this - sell it yourself".

All another member has to do is click on that ,copy everything and list it themselves.

It's what some members do if they can't make the effort to do it all properly.

[stevem3pwx]

Hi,   I haven’t contacted the other seller as I thought since ebay have provided the platform for them to list and sell their item,  it should be down to ebay to contact them and explain why they cannot use someone else’s photos.   It’s like selling a car but using someone else’s car photos.  Their listing ends  in a while so I’ll see if it gets relisted.

Thanks

[stevem3pwx]

hi, thank you for your comment.  The crazy thing is they've used a couple of their own photos but the rest are my item photos and as i mentioned to another person it's like selling a car but using photos of someone elses car . Does the statement "have one like this - sell it yourself".  make this activity ok ?

Thanks 

[rjwilmsi]

eBay's view seems to be that it's pretty much a free-for-all on listing photos. So it's not a breach of eBay policy for a seller to use another seller's photos. I don't think that's right but that's how it is.

You can contact the seller and ask them to stop using your photos, but if they refuse there isn't much you can do.

I've had other sellers take my photos without permission once or twice. Those sellers couldn't be bothered to do their own photos, so I'm pretty sure they couldn't be bothered to do all the other little things that ensure a smooth sale / no complaints from buyer or eBay etc., so I expect they didn't last long selling on eBay.

[stevem3pwx]

Hi,  Unfortunately you are probably correct !

Thanks 

[carbtec]

You need to contact ebay's VERO dept'. You own the copyright to your original photo's & someone has effectively 'stolen' them. You will need the exif data from your original photo's to prove that you own the copyright . . . & shortly someone will come along to quote ebays t&c's that if you upload a photo to ebay then it becomes public domain & anyone & their uncle can freely use them . . . It doesn't. You own the copyright to any photo you take & if you can prove that the photo's were taken by you then the VERO dept' will take them down.

[barry.110]

If you click on "have one like this - sell it yourself" all it does is copies the title and item specifics into a new listing. It doesn't copy the photos, the item description or even the condition, you have to do all that yourself.

[robbtyke132010]

I noticed today a private seller listing a box of DVDs he had bought from a business seller using exactly the same photographs that had been used in the intial sale. I suppose there is no real violation here but it must be a bit iffy - especially as the DVDs have a healthy mark-up. 

[dch2112011]

Vero will not help - they used to but the policy changed and they no longer take any action when a member uses another's photos.

You can reach out to the seller or if you get no joy you can send a cease and desist letter which may work - if not forget about it and move on - 

This is ebay's policy statement

We do not take action on reports where images and/or text are copied from one eBay listing and used in another as described in eBay's User Agreement. When uploading content to the site, sellers grant eBay the right to that content and waive the right to enforce infringements related to that content.

[crg_music]

I was actually looking at this the other day as I was wondering if ebay watermarked my own photos so I could use them on other sites which is seems they dont but it also seems they own them once uploaded in the same way social media sites own your photos and by uploading you give ebay + anyone selling on here permission to use them for ebay purposes.

Obviously from a buying point of view its not ideal and I personally when selling will always use my own photos of the actual item in question and feel the same buying, it seems others dont care.

[dch2112011]

Not that many years ago VERO would remove the listings using your photos - it is a strange situation if you are a registered VERO member they will remove any listing with copied text or photos on request - for non registered members VERO take no action.

 ebay do not watermark the photos and only keep them for 90 days in their catalogue - if chosen to be entered.

Like everything with ebay they know it shouldn't happen but as usual put the responsibility onto the seller on the basis that it has nothing to do with them.

This is why they state :

'sellers grant eBay the right to that content and waive the right to enforce infringements related to that content'

[crg_music]

I think like most other things online, at this stage its a free for all and too far gone.

I remember the Vero thing 20 odd years ago and everything was getting hit. I only ever got hit once and it was a dj only white label that had a 2 second sample of a Brandy Song in it, all very bizzarre as it was so short it wouldnt have even needed sample clearance. I must have mentioned Brandy in the title.