Illegal Use of Photos

[ronaldhanko]

The seller, pupsi_dog, on Ebay is using links to photos from members of the OB and Flickr to sell his plants. I have informed him that I do not want my photos or even links to them used for commercial purposes, have informed other members of OB and Flickr or what he is doing and have also informed Ebay of this, though Ebay is such a worthless site that I doubt they will do anything about it.

[tom_e_boi]

Just my

I would suggest using software to add watermarks you your photos. Tho it's not 100% foolproof, because there's software that can remove watermarks. It'll make you photos less likely to be copied and used by such people. They'll be more likely to look elsewhere, rather than take the time and effort to edit photos and remove the watermarks themselves.

I don't know much about copyright laws, but that might be a more secure way to go too. At least then you'll have some legal options available to you, should someone else try to use your photos for their own monetary gain.

[WhiteRabbit]

Thanks for the heads-up, Ron

Tom, do you know if there is any downloadable (preferably free) software for watermarks? Thanks

[ronaldhanko]

I don't know if it is strictly illegal and I ordinarily don't mind if people use my photos, but when they make money from them it really irritates me.

[WhiteRabbit]

Originally Posted by ronaldhanko

I don't know if it is strictly illegal and I ordinarily don't mind if people use my photos, but when they make money from them it really irritates me.

I believe it is illegal. And certainly don't blame you for being irritated about your photos being used this way.

[ronaldhanko]

Now this guy or woman is threatening me with legal action!!!!! claiming that what he or she is doing is not wrong.

[WhiteRabbit]

Omg! seriously? I'm pretty sure that even photos posted online are considered property of the photographer .

[WhiteRabbit]

Found this Understanding Online Photo Rights — Online Collaboration I haven't read the whole thing but does seem this person doesn't have a leg to stand on


Also found ebay's policy on this Images and text policy

And plenty of discussions ebay policy sellers using photos without permission - Google Search

[gnathaniel]

Originally Posted by ronaldhanko

Now this guy or woman is threatening me with legal action!!!!! claiming that what he or she is doing is not wrong.

Threatening you with legal action?! Bizarre and unjustified...

Unfortunately I don't think what the seller is doing is actually illegal, as he or she is linking in a way that doesn't obscure or misattribute ownership of the photos. Basically all that's being done is referring viewers to another site for informational purposes. Since the sites in question (OB and flickr) allow free viewing of photos, this seems like a legal if not entirely polite use.

I can understand why you'd object, though, and it's concerning that the seller is responding with such hostility. To me, that response even more than the initial photo-linking is a reason to avoid this seller, as he/she will probably approach other legitimate concerns and disputes in a similar way...

--Nat

[luckygirlorchids]

This is in response to ronaldhanko who accused me of using his photos illegally. I suggest that he check the law before making such allegations and trying to ruin someone's reputation and source of income. I DID NOT USE HIS PHOTOS ILLEGALLY!!! I put a link in my ebay listing to his blog to show a picture of the orchid I was selling. This is not illegal!! If I had copied his photo and used it without his permission, that would be illegal!! This is the email he first sent me: You are using a link to one of my photos to sell this plant. Please remove it immediately. I do not wish my photos used for commercial purposes and am informing others whose photos you are using, placing a notice of your illegal use of these photos on the Orchid Board, and informing Ebay of your illegal use. Does this sound like someone who wants to work things out or does it sound like someone with a chip on his shoulder? He began by sending me threatening emails through ebay and now I see he has followed through by lying about what I have done and trying to ruin a reputation on ebay I have worked so hard to establish. I have reported him to ebay and they are in full agreement with me. He then accused me of changing the listing - I can't change it because it has bids on it!! I never used his photos!! All I have done is add links to websites with photos of blooms that I don't have personal pictures of - some apparently his websites or photos on Flicker. Anyone clicking on the link can see the photographer. I have not claimed these photos as my own NOR HAVE I USED THESE PHOTOS IN MY LISTING IN ANY WAY. ONLY A LINK HAS BEEN USED IN THE LISTING. I looked at the link on online photo rights from the reply from WhiteRabbit - none of those circumstances apply to me as I have not used the photos in any way on my listing. All I have done is added a link to my listing. Please see my listings on ebay - Lucky Girl Orchids and you will see that I am a top rated seller. I do not lie to my buyers!! If he had contacted me and asked that I not use links to his website, I would certainly have stopped. I have no desire to offend anyone. This man is a liar and I will not allow him to spread lies about me!!