Larry's Orchids on eBay
 

One of my slipper friends alerted me the other day that one of my photos was posted on an eBay site:
http://cgi.ebay.com/Phragmipedium-Wo...QcmdZViewItem?
When I saw it, I knew that someone from that company had taken it from the Porter's Orchids site, where I am the Webmaster and do nearly all the photography. I emailed Larry's Orchids, telling them that although I had given permission for that photo to be displayed on certain sites (e.g., slipperorchids.info), theirs was not one of them. I asked them to either take off the photo or pay me for it's commercial use.
They wrote back saying that the photo would be taken off within 24 hours. Their webmaster wrote back at the same time saying it would be taken off within the hour.
After 24 hours, and the photo was still up, I wrote to them again, stating that I was not pleased. I also mentioned that I'm now on our orchid society's Board of Directors, and that maybe the Board would like to know this about one of their proposed vendors for our February show. I also mentioned that people on the slipper forums have expressed displeasure with such antics on other eBay sites.
Larry wrote back and accused me of blackmail, and said he wanted to be placed on the Board's agenda. I gave him the names and emails of all the board members and when our next meeting would be. I also told him that he could call it blackmail if he liked, but wondered what he would call taking a photo from another's website and using it as his own? I would call it theft.
It has now been 53 hours since I was told the photo would be taken down within 24 hours, and it is still there. In fact, it appears 3 times on that page.
I also want everyone to be aware that he changed the name of the file, and put his own watermark on the lower right corner -- as if it were his own photo.
I contacted eBay support and told them of this infraction. Just got a letter back from them saying, basically, if I want to do anything about it, I have to download a form, fill it out and fax it to them. They noted that time was very important as items come and go quickly on eBay. In other words, although I gave them all the particulars in my email to them, they really don't want to do anything about it.
Yes, I've asked to place this issue on our Board's agenda.
Incidentally, until this happened, I had high regard for Larry and his business. I've purchased at least one plant and some supplies from them, and supported their inclusion on our vendor list.
Just thought you'd all like to know about all this.
__________________
Dot

Dot...It never ceases to amaze me the testicular fortitude of some who wrongfully take advantage of others. Hopefully the situation will resolve itself and the rightful party shows face to the board. You have a great slippery friend knowing and spotting your work. Good Luck...

Hi Dot. Things like this makes me so mad. A vendor should be able to pay for the right to use a picture, or at least ask to be allowed to use it.
If possible, could you continue to report what is happening? I think if the word is spread maybe it can hit back on Larry´s.

As a professional photographer myself, I share with your feelings. The only recourse right now is to "grab" a screenshot of the posting and seek recourse in small claims court UNLESS you had the forethought to register said image with US Government. You can download the appropriate form and make a mass submission of ALL your images as one submission and then you are able to seek big $$$ damages. Simple notice of copyright allows a much smaller award. In either case, this vendor will lose - but is it worth the trouble to you? I think spreading this message and avoiding this vendor is the best way to handle this. For the future, though, I would suggest registering all the images on your web site and then you will be protected for the future. (JMHO)

Thanks for the replies.
I'm told by the webmaster that the photo has to stay on the specific bid page for 90 days, but that no one can access it unless they've bookmarked it. The photo has been removed from the other places on their site.

Larry's Orchids
 

OK, this absolutely ridiculous and bordering on fraud.

Lc. Mini Purple v. coerulea 'Sato' Blue Orchid Plant - (eBay item 170151138044 end time Sep-26-07 19:03:17 PDT)

Does anybody else have a problem with marketing a plant like this? There is no way that photo is accurate. It is photoshopped beyond belief.

:hmm You really have to wonder what people are thinking sometimes.
I found another picture off the same site, same vendor ...

Lc. Mini Purple v. coerulea 'Sato' Blue Orchid Plant - (eBay item 170144535509 end time Sep-28-07 10:14:56 PDT)

Both photos are on this page - One on the top left another right side further down.

eBay Store - Larrys Orchids and Tropicals: Cattleya Alliance: Lc. White Spark 'Panda' Hybrid Orchid Plant

It looks as thought the photo has gone through some kind of colored lens effect . I am surprised because I have bought from Larry's and am very happy with their masdies. The pictures of those items were not misleading.
Did you email Larry's and bring this to his attention? :hmm

Feel free. I don't think he actually knows what the plant is supposed to look like in flower, it is probably a picture he found somewhere.

I had seen that happen on eBay before. There was one orchid auctioned by another seller that was a totally different plant - I did bring it to their attention, they were grateful and they changed their photo.
But I agree, they may not know what they look like and just found a photo somewhere .. I don't mind if a seller just posts a photo of the orchid plant that they are selling instead of an assumed bloom - if I have an interest, I google to see what it looks like.