Ebay seller stole my picture

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70DartMike

70DartMike

Too many projects
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LOL! Searching Ebay I came across someone selling magnets with trucks on them, and low and behold, they took a picture that I had posted here. It's of my Papa's Fargo, which was used in a high school prom parade. Wonder who else's pictures they stole?

My picture and the attached image below. For some reason the site is messing up my pictures.

1965DodgeFargo.jpg


1965DodgeFargo2.jpg


The magnet..

http://www.ebay.ca/itm/AA1366-1965-...133?pt=LH_DefaultDomain_0&hash=item3378637d35
 

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There is one out there that I told them that it was my car (an older photo of it). They said that someone else had submitted it to them and claimed it was their car...

1968_plymouth_barracuda-pic-5131331148214120961.jpeg
 
Yeah the pics are messed up, but I can tell that is one sweet truck!! You should be proud that its nice enuf for someone to steal pics of it!! LOL
 
odd that they'd steal a picture, odder still that they'd use pictures with people in them that they have no right to use.
 
Sucks that they can get by with it but unless you have your photos copywrited
the internet is fair game. A quick e-mail to get your permission would be the nice thing to do. tmm
 
I think if you post them on a public site and don't have them copyrighted they are fair game.
 
I looked at the eBay listing. Kinda makes you not wanna post pics online anymore don't it.
 
toolmanmike said:
Sucks that they can get by with it but unless you have your photos copywrited
the internet is fair game. A quick e-mail to get your permission would be the nice thing to do. tmm
Click to expand...

dbphemi said:
I think if you post them on a public site and don't have them copyrighted they are fair game.
Click to expand...

THIS IS not true

Your work is automatically copyrighted, unless it is pirated from someone else

http://www.justia.com/intellectual-property/copyright/

From here:

http://en.wikipedia.org/wiki/Copyright_law_of_the_United_States

"While copyright in the United States automatically attaches upon the creation of an original work of authorship, registration with the Copyright Office puts a copyright holder in a better position if litigation arises over the copyright"

Of course the above is US law in Canada? A quick Google shows about the same law applies
 
70DartMike said:
LOL! Searching Ebay I came across someone selling magnets with trucks on them, and low and behold, they took a picture that I had posted here. It's of my Papa's Fargo, which was used in a high school prom parade. Wonder who else's pictures they stole?

My picture and the attached image below. For some reason the site is messing up my pictures.

1965DodgeFargo.jpg


1965DodgeFargo2.jpg


The magnet..

http://www.ebay.ca/itm/AA1366-1965-...133?pt=LH_DefaultDomain_0&hash=item3378637d35
Click to expand...

I would say you need to contact the eBay seller and eBay since the fire hydrant is clearly in your photo and cropped out on the magnet. I guess there might have been minors in the truck right? Seems as though this might be a second problem if there was. From your eBay ID he will have no way to know if you are in the states or Canada.
 
I do not see the big deal on this.. You post a pic on a website that is open to the world, you just gave the world the ability to save and use that picture..

I would just email the guy and tell them it is your truck and if he sent you 5 magnets of it then you ar eok for them using it.. He does not have to of course.
 
I actually did that. He offered to send me a magnet. I refused and told him that all I ask was that he took the time to verify where he got his photos before printing.

I worked for a professional photographer for a few years. The laws are clear. If you didn't take the photo, it isn't yours to use. It would be like walking into someone's front yard and stealing their kids toys because they are outside and viewable and saying that is ok... no way. If you want to use an image, just ask. I know for myself, I would be happy to give permission, I just want to have the opportunity to control where they go. I sure don't want my photos showing up on a website that promotes topics and/or values that I disagree with.
 
67Dart273 said:
THIS IS not true

Your work is automatically copyrighted, unless it is pirated from someone else

http://www.justia.com/intellectual-property/copyright/

From here:

http://en.wikipedia.org/wiki/Copyright_law_of_the_United_States

"While copyright in the United States automatically attaches upon the creation of an original work of authorship, registration with the Copyright Office puts a copyright holder in a better position if litigation arises over the copyright"

Of course the above is US law in Canada? A quick Google shows about the same law applies
Click to expand...

Just goes to show, you're never too old to learn. Interesting info! Thanks for the links. tmm
 
You should tell Mr. "magtech11" that you want $2 for every magnet sold or a lump sum of $1,000,000 dollars for it's use, or be sued. Don't blink!

Good work 67dart273
 
I looked through a number of the plymouth, dodge, and chrysler magnets he has and I think he has a view of our members Darts and Barracudas on there.
 
I believe that the answer to this particular situation lies in the passengers of the truck as mentioned above. Yes, the image of the truck may be allowed to be used without legal re-percussions, because the truck can't protest the using of it's image. However, the occupants of the truck have not lent permission of their images to the maker of the magnets, and thus he is not permitted to reproduce them for sale unless a consent release of their image is obtained.

In legal terms, even the OP may have to be granted consent before their images are published, even on the internet as has been done here. Although he isn't really offering them for sale, or benefitting from their image, it is this second tier of re-issue of the pictures that the original consent waiver would allow, or more importantly, dis-allow!!

The maker of the magnets needs to be sent an informative message indicating that he has no consent to use the images of the occupants of the truck, and that legal action will be presented accordingly by those parties seeking compensation for their images being "sold". This legal action can include monetary compensation as well as a cease-and-desist order and confiscation of his product that contain those images.

This should be done immedietly, and also include a mention that this will be vigorously pursued under the full extent of the law. May want to have a lawyer buddy write this up for you!! It will certainly make him think twice about pirating images from the net without permission!! As for the truck... I haven't heard how iT feels about this!!!LOL!! Geof
 
And let's not forget the image he is using still has your dads license plate in the picture....
 
Not sure about the legality of it but if one posts a picture on any Internet forum would it not be considered public domain?
 
Public parade through town, very possible that it could be the same picture somebody else took. We know it's not but it would be an impossible case to prove. Although I get the feeling your just annoyed about it.

Cool truck!

No law against taking pictures of celebrities or anyone else in public and selling in newspapers and magazines. Being in a public place. I would think it's fair game.
 
Some of you guys have a lot to learn about copyrights law. "We" do it all the time on this site, but if someone ever came along and got snotty, it would HAVE to be removed.

Photos and other materials do NOT have to be officially copyrighted, or annotated as such on any website. One of you mentioned "public domain." Just because you have the electronic ability to copy and save material does not make it legal.

The point is this-----------if the OP does not want his photo used, he can demand it be removed, plain and simple.

It's easy to prove whether some photo came out of the same electronic camera, because all camera files "leave tracks." I'm not talking or limiting to the usual "EXIF" data, but more imbedded code in a photo, which can be tracked to a specific type and in some cases one specific camera.

(Of course if someone "photos a photo" this goes out the window, and you are left with camera angles and details)

So unless your evil twin was standing right beside you with HIS evil camera.......................
 
67Dart273 said:
Some of you guys have a lot to learn about copyrights law. "We" do it all the time on this site, but if someone ever came along and got snotty, it would HAVE to be removed.

Photos and other materials do NOT have to be officially copyrighted, or annotated as such on any website. One of you mentioned "public domain." Just because you have the electronic ability to copy and save material does not make it legal.

The point is this-----------if the OP does not want his photo used, he can demand it be removed, plain and simple.

It's easy to prove whether some photo came out of the same electronic camera, because all camera files "leave tracks." I'm not talking or limiting to the usual "EXIF" data, but more imbedded code in a photo, which can be tracked to a specific type and in some cases one specific camera.

(Of course if someone "photos a photo" this goes out the window, and you are left with camera angles and details)

So unless your evil twin was standing right beside you with HIS evil camera.......................
Click to expand...

I guess the point is anybody can take the picture. It belongs to the photographer and not the people in the picture. Being in the picture or having your property in the picture gives you no rights to the picture. All the rights of use belong to the photographer or company that took the pictures.
 
Once you uploaded the picture to the website server it becomes that servers and its owners to use as they wish...You cannot compare this to taking a toy from your yard that you own. If you want a comparison you need to use it this way.. You brought your kids toy over to my house and left it there on your own doing for me to enjoy and anyone who comes over... Then you get mad because someone else is playing with it...


Will not hold up in court for sure... Or at least you would not want me on the jury for this case..lol
 
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