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View Full Version : What to do about ebay seller?



Mr. Babb
12-16-2007, 03:45 PM
The other day I was browing ebay and came across a seller who is using images of my car to advertise his bodykits. I am not sponsored by anyone so no one should be using my pics right? Well I sent him a message and asked if I got some free parts since he is using my car for advertisement and he tells me that the pics are property of GT Racing and that I would have to hit them up about it, but he wont tell me who in the hell GTRacing is and I cant find them on ebay. I tried to contact ebay about it on friday but I still haven't gotten a response so..........whats now?

http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&item=200183379626&ru=http%3A%2F%2Fmotors.search.ebay.com%3A80%2F%3Ff rom%3DR40%26satitle%3D200183379626%26fvi%3D1

AznKlique
12-16-2007, 03:52 PM
That does suck. I remember one of our members had this problem before about a few years ago. I can't remember exactly if it was resolved or not. I think it was Clayton's car, Trance4C. (That orange celica)

Carolina91GT-S
12-16-2007, 04:00 PM
Who took the photographs?

That matters more than what the pictures depict, from a legal standpoint.

Mr. Babb
12-16-2007, 04:51 PM
I took all 3 of them the silver one was at my apartment the blue side was at Walmart parking lot and the back was at my moms house

nyana107
12-16-2007, 04:56 PM
seems like you may have a good case on your hands. If GTRacing is not reachable, just go after the guy in the link that you posted. just my .02
hopefully Clayton will chime in later on today..

celicaGT90_05
12-16-2007, 06:41 PM
Yeah I'd say find out who they are and take them to court, legally they are not suppose to take and use those pics without proper consent if they wish to use them for advertising. Even if one of their photographers took a pic I believe they are still suppose to have proper permission to use them legally.

Carolina91GT-S
12-16-2007, 06:50 PM
yeah, if you took the pictures then they are yours but to press the issue then you will need to show that you have the originals and copyright them. Then you also need to show that you have contacted these guys and identified yourself. You want to send them a bill.

grayscale
12-16-2007, 07:45 PM
Eh, as far as ebay goes, you'll need to wait till regular working days for a response. Even then I'm not sure you would get the response you are looking for, they tend to be pretty hands off.

Hookecho
12-16-2007, 08:06 PM
i would think they have to have your written consent to use any media involving your car as a model for any product they are selling. whether you take the picture or they do doesn't matter. by them using your car as a visual aid you are helping them move thier product and you should be compensated in some manner.

celicaGT90_05
12-16-2007, 08:28 PM
i would think they have to have your written consent to use any media involving your car as a model for any product they are selling. whether you take the picture or they do doesn't matter. by them using your car as a visual aid you are helping them move thier product and you should be compensated in some manner.

exactly, its like when you watch things like cops and they blur out peoples faces, they have to if they dont have the permission of the people involved in the video or they will be able to take legal matters against it. Also applies to those "truth" commercials and others like it. Pictures are still personal property

Carolina91GT-S
12-16-2007, 08:57 PM
If someone else took pictures of your car in a public parking lot then they could use them without your permission or without paying you royalties. Otherwise, think about it, every piece of photographic news for sports, movies, everything would be subject to payment of royalties for the people in the pictures. If they are your pictures, meaning you actually took the photos, then you stand a chance of pushing the issue.

Shadowlife25
12-16-2007, 10:17 PM
How is it that you are using pictures of my friends vehicle without his consent? You need to either remove these or compensate him for their use, as legally you may not use someone else's property (photos in this case) to promote or sell any items without their express written consent. If they are not removed, you will be facing legal action.

Thank You.

;)

Gary
12-16-2007, 10:22 PM
I believe "news" is exempt in US.
Using a photo taking in public for commercial use or product brochure are totally different.
In this case, you are the one that took those pics.
You can ask eBay to end that auction.
I did this before.
Give them a few business days and keep track on that seller.

Murgatroy
12-16-2007, 10:49 PM
Legal rights of a picture belong to who took the picture, not who or what the picture is of.

Carolina91GT-S
12-17-2007, 01:23 AM
Correct, the person who takes the picture does not need the consent of the person in the picture or the owner of the property in the picture. Either way though, it's moot in this case. He took the pictures, he owns them. As long as he can prove it everything is fine. The reason they block out people's faces on cops isn't becasue they would have to pay them, it's because their involvement may be under investigation or soemthign similar.

I recommend trying to contact them and see if you can work out something that is to your benefit, big discount, free parts, your name in lights, whatever blows your hair back....If they refuse then push the issue of having them cease to use them. But again you have to be able to prove that you took the pictures, your car being the subject of them is not relevant for that discussion.

Ghosty
12-17-2007, 02:31 AM
Appropriation.

That's the legalese they taught me in my Law class. It's a privacy tort.

Main issue here is, you took the photo, you have ownership of the photo. They are using that picture for financial gain, which immediately disqualifies it from fair use. They must compensate you.

Like it was suggested, ask Ebay to shut down the sell. If that doesn't work, talk to a lawyer. If you spoke to any lawyer, you would be able to go after this scumbag and hit him hard.

Carolina91GT-S
12-17-2007, 03:12 AM
This is a problem with people in general. This guy is using your photo...yes. Does this make him wrong?....yes. Does it mean he is a scumbag and you need to hit him hard?...no...not yet. Where did he get the photo from? you probably posted it on the internet somewhere. He may not even know who you are or how to go about asking you about it. Perhaps it isn't likely that he will cooperate, but in order for you to really go about it the right way your should contact him and try to work something out first. You just getting him to stop doesn't do much for you and he certainly won't be willing to talk to you about it after you threaten him. Tell him who you are, they are your photos and you are open to him using them if you can work something out. Something like free/discounted product or other compensation for your photos, many companies/people are willing to enter such an arrangement. If not and you decide to go the legal route. You might even be likely to win a court case, have you ever done that? Winning in court is not the same thing as collecting royalties or damages. Winning in court only means that the court agrees that you are right and he is not, there is no teeth that forces him to pay or otherwise reimburse you at that point. If he decides to not pay the award and If you wish to enforce the courts decision that takes more court, several more, and a writ of execution. Those things will need to be local to the defendant, is he local to you ? Otherwise you will need to travel to that locality to pursue it, several times, or retain an attorney local to the defendant. Then you have to pay the sheriff to carry out the writ of execution and have those fees included in the settlement. This process goes on and on.....in order for you to be compensated. I'm not trying to be argumentative. I am trying to help you avoid a ton of headaches, if possible. I have been through this process.

I suggest that you try to work out something easy and fair. Most people would think it's cool for their car to be used as an example of something cool that you can have done to your car. If you would rather that not be the case then that is a different story, or if he is showing your address or your license plate in the picture, maybe get that out of there too.

Cavanagh
12-17-2007, 03:18 AM
lol....this thread makes me laugh...smokev8s, that sucks hes using your car w/o your permission.

Mr. Babb
12-17-2007, 04:11 AM
Yeah I dont really have a problem with him using my pics I figured maybe I could get something out of it.

Cavanagh
12-17-2007, 04:16 AM
Yeah I dont really have a problem with him using my pics I figured maybe I could get something out of it.
:laugh: :laugh: :laugh: :laugh: :laugh: :laugh:


thats awesome.

nyana107
01-13-2008, 04:45 PM
ever got anything out of it?...

Chris
01-13-2008, 07:25 PM
Yeah I dont really have a problem with him using my pics I figured maybe I could get something out of it.


That's incredibly cheap and trashy. Congrats.

celicaGT90_05
01-13-2008, 07:31 PM
That's incredibly cheap and trashy. Congrats.

whats so wrong with compensation?

VikingJZ
01-13-2008, 07:50 PM
Did you paint your car at one time?

Another aspect of this is the fact for where they received the picture from. Did you upload it onto a public server such as Myspace, Cardomain, etc? If so, you can probably kiss your rights goodbye because of that.

I always heard that if you upload a picture onto a public site, you waive your copyright to the images.

Smaay
01-13-2008, 07:50 PM
all you can really do is contact Ebay and have the ad pulled. i cant tell you how many time i have seen my car on ebay

celicatrd93
01-13-2008, 10:32 PM
yeah that does suck but i am not surprised.....they would just pull the ad. and that seller is full of crap we all know that

Chris
01-13-2008, 11:21 PM
whats so wrong with compensation?

Because he admitted (thought he could of been sarcastic) that he didn't actually care about the use of the image, he just wanted any money he could pull out of it.

Mr. Babb
01-13-2008, 11:26 PM
yada yada, Chris, I could care less if you think it is trashy. j/k lol and yes the first time I had it painted it was the blue color and I've had it painted silver twice and yes I used to have a cardomain page about a year ago but I don't have it anymore.

Nothing ever happened with this, the auction just ended and the seller hasn't used my pics since

Chris
01-13-2008, 11:32 PM
You probably don't, but I figured I'd throw my opinion out there anyways. Provides more entertainment in the end.

CHRiS'_CeLiCa
01-16-2008, 01:56 PM
if anything they coulda done a better job of photo chopping it and at least coulda changed the color of the car to not make it look like yours...wow, stupid people these days...good luck catching that guy