PDA

View Full Version : My car used in an unautorized ad, what can I do?



Physlis
01-21-2014, 02:29 AM
I just caught an eBay seller using my car as part of his ad for radiators. I've never bought one from this vendor, nor gave any sort of permission for it to be used. Honestly I'm not sure if I should be mad or happy about this.

I plan on calling thier listed phone number to talk about it, but what should (or can) I say?

Here's the link to mine in particular (http://www.ebay.com/itm/9093-TOYOTA-CELICA-ST-16L-4AFE-AUTO-AT-ALUMINUM-CORE-BOLTON-FIT-RADIATORTOC-/161204425863#ht_4515wt_1358), I recognized it as soon as I saw it...they may be using other pics from other members in the different generation listings and I don't want people getting thier stuff used without permission.

ChrisD
01-21-2014, 03:33 AM
Best bet is to try to talk to the vendor first, and if you get nowhere, I believe you can report it to eBay.

Sent from my Nexus 7 using Tapatalk

Exel
01-21-2014, 03:53 AM
Copyrights exist by default. Unless you state otherwise, they should consider the photo to be copyrighted. So they are indeed in violation.
So they should have asked for permission. But at the same time, these are probably small shops that don't know any better and find a cool image online and use it.

You can either request for it to be taken down or just let it be.

When its things like these, I would just let it be.. yeah, its not cool to use things without permission but kind of cool that they chose your car, lol.

Physlis
01-21-2014, 04:29 AM
I fully intiend to talk to them and discuss it. It IS pretty cool that they chose mine, but at the same time I feel a tad bit scammed. I'm cool with it, I just wish they would've said something first, especially since the only place I've posted those pics are on here, my Facebook page and (maybe) cardomain, all of which have a way to contact me. I looked through thier other listings and only 2 radiators have my pic, funny part is I've been looking at some of the bracing they offer.

Shadowlife25
01-21-2014, 07:05 AM
They have massive markup and are just reselling others products anyhow. Seriously those prices are insane.
Anyhow, as far as them using your car photo, contact them and ask that it be taken down. If they refuse, contact ebay as was said before.
Best of luck man.

underscore
01-21-2014, 08:32 AM
It looks like they use the same angle for all of their photos, so I assume they just skim through Google (or more likely Car Domain) til they find the right angle of the applicable car.

Does anyone know whose these belong to? http://www.ebay.com/itm/86-89-TOYOTA-CELICA-T160-2-0-4CYL-AUTO-ALUMINUM-CORE-BOLT-ON-FIT-RADIATOR-TOC-/161100726447?pt=Motors_Car_Truck_Parts_Accessories&fits=Model%3ACelica&vxp=mtr&hash=item25825a00af

http://www.ebay.com/itm/90-99-TOYOTA-CELICA-2-DROP-SUSPENSION-WHITE-RACING-LOWERING-SPRING-285F-235R-LB-/181132791911?pt=Motors_Car_Truck_Parts_Accessories&fits=Model%3ACelica&vxp=mtr&hash=item2a2c5b1067

http://www.ebay.com/itm/94-99-TOYOTA-CELICA-GT-5S-FE-2-2L-AT-MT-ALUMINUM-CORE-BOLT-ON-FIT-RADIATOR-TOC-/181210354387?pt=Motors_Car_Truck_Parts_Accessories&fits=Model%3ACelica&vxp=mtr&hash=item2a30fa92d3

Oh and if you want those Ultra braces just get them from Ultra, much cheaper.

BlueDragon
01-21-2014, 03:26 PM
If it is not harming you then why would you care? As long as he is using it for informational purposes and not actually making any money off of the picture itself I believe it is covered by fair use anyways. Honestly no harm no foul covers this one. I think the ad and picture of your car look great!

Sifu
01-21-2014, 10:08 PM
From a starving artist with a job.
Report it to the original seller and also to eBay. It is annoying as shit when people do this. They may mean no harm but it is pretty lazy to just use someone else photo without their permission. Gives good insight in their business.

VikingJZ
01-22-2014, 07:52 PM
There was a guy trying to sell a 77 Celica LB on CL and eBay in October (I think), using pictures of my Celica. It was extremely obvious, considering he didn't even blank out the license plate. You could clearly see the Purdue P on the side of the plate and MY plate number. He did however shade over the copyright thing my fiance's step-dad put on the pics. I first got word of it from someone sending me the eBay ad, and then the CL ad. I contacted him through eBay asking if the pictures of the car were his. He replied saying that his car is similar but that it's a different green because he "didn't have a camera." CL doesn't give a crap about any of that, so I just repeatedly had friends and family flag his ads until he probably got the hint. Ebay asked how I knew it was my car, and I politely informed them that if they weren't willing to remove the ad I could provide evidence of ownership through a copy of my registration tag, which would confirm that the plate on "his" car is in fact mine. I also indicated to them that I would show the original photos to them which includes the watermark in the corner. They asked to see, and I sent them the pictures I had, along with about 40 other ones. Never had to give the registration. Apparently, him selling the car with a "clean New Mexico title" was enough to convince them that he was using someone's pics. Now, that dude would be profiting from my pictures, but more importantly, he'd be deceiving buyers expecting a car that was like mine. And that is what I didn't want to happen. I had people on the Classic Celica forum asking if I was selling my car. No? But yeah, eBay resolved it after a little leg work on my part. Not sure what happened to that guy or his car, but at least no one bought the car and got some beater instead of mine.


I know in the past eBay vendors have used CTech rides as background shots for their products. I believe a member's 4th gen vert was once used to promote a new top for the convertible. They usually don't get pics of cars that have plates, but you know your own car. I'd contact eBay, let them know that's your car and include the shot of the car. They MIGHT pull the ads, or tell the seller to stop using pictures that aren't of vehicles they own.

Plus, it all depends on where your pics came from. If you had stuff on Google images, then it's probably fair game. Or Facebook probably too. I'm not a legal expert, but when my car was being used so blatantly to sell it, I was pretty pissed just because someone would expect a clean and slightly modified car. And there was no mention of any mods that I had done.

If you call the person at the number listed, I would first inquire about their mailing address (I'll get to that later). Then, I'd tell them that they're using your image of your car to sell products to earn a profit. I would say, "Before I escalate the issue to eBay, which could damage your reputation or ability to sell, I will ask and allow you to kindly change your images to one you have permission to use and not of my car." Tell them that they have 72 hours to do so before you report it to eBay. Also, if you feel like going full jackass, you could also say that if eBay refuses to comply (As their interests ARE in making money.) you would be going through legal channels (hence the mailing address). With that, you could send a cease and desist letter. Probably more trouble than it's worth because no lawyer or judge would do anything about it (BUT, if you wanted to be a pain in the ass to that guy, it would probably piss him off, or it could scare him into complying), but eBay may tell the seller that their selling privileges would be under review if they don't remove/replace the image.

Let's be real, you don't need a picture of the car to buy a radiator. Year, make, model, trim level, engine/transmission specs are all you need, really.

Just contact eBay and see what they can do. Can't hurt. Otherwise you'll have to just deal with it. Worst case scenario is that your car is an unknown eBay star for radiator sales.

VikingJZ
01-22-2014, 07:58 PM
From a starving artist with a job.
Report it to the original seller and also to eBay. It is annoying as shit when people do this. They may mean no harm but it is pretty lazy to just use someone else photo without their permission. Gives good insight in their business.

They mean no harm, but they see an opportunity to see a car they think looks cool and good for advertising of their products.