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12-20-2018, 05:31 PM
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Senior Member
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Join Date: Apr 2016
Zone: 5b
Location: Central Vermont
Age: 37
Posts: 560
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Quote:
Originally Posted by wisdomseeker
Understandable for sure! I strongly agree with your "accepting bad actors" statement. Even in a non-business sense (I'm just a plain 'ole' hobbyist), ripping someone off (photos or otherwise, via cyber space or etc.) is just plain wrong. Did you have your photo copy-righted? If so... 1-800-LAWYER!
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Unfortunately, it seems to be a common misconception that photos must be registered to be copyrighted. The truth is, the moment you take a photograph it is automatically copyrighted, just like when you write a poem or draw a picture.
Further reading:
How to Know if Internet Images Are Copyrighted | LegalZoom Legal Info |
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Post Thanks / Like - 2 Likes
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12-20-2018, 06:44 PM
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Senior Member
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Join Date: Feb 2018
Location: SE USA
Posts: 383
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An interesting link, especially the paragraph about legal liability for infringement. Seems the 'fair use' thing could become somewhat gnarly in certain instances.
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12-21-2018, 11:24 AM
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Super Moderator
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Join Date: Jun 2008
Zone: 10a
Location: Coastal southern California, USA
Posts: 12,885
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If a photo is being used to advertise something for sale, it is being used "for profit" not personal or educational use. I don't see how there could be any ambiguity here at all.
And if it is being used to sell something in direct competition with the photo's rightful owner there are probably damages that could be proven. Whether enough to fight legally is another question but one could certainly make a case.
Last edited by Roberta; 12-21-2018 at 12:32 PM..
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Post Thanks / Like - 3 Likes
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12-21-2018, 08:43 PM
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Senior Member
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Join Date: Apr 2016
Zone: 5b
Location: Central Vermont
Age: 37
Posts: 560
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On the bright side, eBay’s VeRO sided with me and have removed the listing. It’s a bit of a pain but at least it was enforced. Seller could have saved me some headache and him/herself a strike by just doing as I asked or (even better) not doing it to begin with.
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Post Thanks / Like - 4 Likes
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12-21-2018, 08:45 PM
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Member
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Join Date: Dec 2018
Zone: 9a
Location: Lake Jackson, TX
Posts: 62
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Excellent!
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12-21-2018, 11:34 PM
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Jr. Member
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Join Date: Dec 2018
Posts: 3
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Regards to message posted about vendor Naomim320
We have contacted eBay and the original seller in regards to a post stating our company stole intellectual rights to a photo.
We contacted ketit nama produk in 2017 requesting permission to use a photo and were told that yes this was no issue. Today I recieved a message telling me another seller, lifewithorchids, claimed they were the original owner of said photo. We in turn with a delay, as we were visiting a family member in another state dying of cancer, contacted the original site/person that granted permission with no reply. In turn we contacted eBay and agreed to pull the photo until we could investigate further. In this time period we are being attacked with no chance to reply. The original entity providing the ok did not get back to us as of yet.
Stating someone intentionally took, stole, etc with out knowing the facts is to say the least slanderous. We ALWAYS ask for permission if we are in need of an example picture as we have had numerous photos stolen.
I have provided lifewithorchids the name of the entity that granted us permission. I suggested they too should contact them as they claimed to have the rights to share this photo. We will also contact the necessary entity to have the slanderous statement pulled as it's very clear in the rules you agree to on this site to post accurate and factual statements.
Naomim32
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Post Thanks / Like - 1 Likes
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12-22-2018, 06:45 AM
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Senior Member
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Join Date: Jul 2013
Zone: 6b
Location: PA coal country
Posts: 3,361
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This could liven things up a bit.
__________________
Be who you are and say what you think. Those who matter don't mind and those who mind don't matter.
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Post Thanks / Like - 1 Likes
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12-22-2018, 07:17 AM
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Senior Member
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Join Date: Mar 2015
Zone: 10a
Location: Abrantes
Posts: 5,380
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Are you sure the photo is the same?
I can see some differences...
__________________
Meteo data at my city here.
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12-22-2018, 08:12 AM
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Senior Member
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Join Date: May 2005
Location: Oak Island NC
Posts: 14,813
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Slander is not the issue here; inappropriate and apparently incorrect use of a photo is.
I can see that using a photo with permission, obtained from someone who doesn't really have the rights to grant it, can be a problem, especially considering the proliferation of photo misappropriation on the internet.
It seems to me, however, that your explanation plus an apology for having been duped might have been a better approach.
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Post Thanks / Like - 2 Likes
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12-22-2018, 08:18 AM
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Senior Member
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Join Date: Jul 2013
Zone: 6b
Location: PA coal country
Posts: 3,361
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Quote:
Originally Posted by rbarata
Are you sure the photo is the same?
I can see some differences...
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I believe the defendant has stipulated that the images are the same. Let's move on to something more interesting!
---------- Post added at 08:18 AM ---------- Previous post was at 08:14 AM ----------
Quote:
Originally Posted by Ray
Slander is not the issue here; inappropriate and apparently incorrect use of a photo is.
I can see that using a photo with permission, obtained from someone who doesn't really have the rights to grant it, can be a problem, especially considering the proliferation of photo misappropriation on the internet.
It seems to me, however, that your explanation plus an apology for having been duped might have been a better approach.
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Not letting it get to the point where third party intervention was required would have been the wisest course of action imo.
__________________
Be who you are and say what you think. Those who matter don't mind and those who mind don't matter.
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