Stolen Images: Part Two

[slidekellyslide]

So, a month or so back I posted about a local website using my images without permission to promote a fundraiser for the old Western League ballpark in Lincoln that is now used for High School and Legion ball....now I noticed the seller "Blessed Collectibles" on ebay is using one of my images for one of his fake cabinet photos.

What is the legality of this person selling a reproduction of my photo?

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=160394606610

[roarfrom34]

if you don't own the copyright, I don't think you can claim any damages

[Kenny Cole]

Blessed Collectibles also used one of mine. The auction ended yesterday. They very carefully said that they suspected the "card" (it is actually a photo) was a reprint then used language that cast doubt on what they had said. Typical scammer. While it is irritatating, I'm not sure much can be done.

[slidekellyslide]

Kenny, did you email the seller about it?

[ChiefBenderForever]

With skills like that he should be printing up money.

[Kenny Cole]

No, I figured it was a waste of time. The image they stole from me was the 1884 Bellaire team featuring Sol White. What was yours?

[bijoem]

if you look at his completed listings... this guy is making a small fortune with what I would call deceptive listings.

although he does say "I do not think the images are original and I believe them to be reprints" in the listings..... he does list the items in the wrong category (the category a 'real' version would go into).

[slidekellyslide]

No, I figured it was a waste of time. The image they stole from me was the 1884 Bellaire team featuring Sol White. What was yours?

I linked to the auction above...it's a circa 1890s photo of two players from the Lincoln YMCA team.

[Kenny Cole]

Yeah, pretty much the identical language as was used in the auction where they used my scan. But hey, they said "God Bless" at the end. Doesn't that legitimize everything?

[makersmarkambassador]

Hey Dan
Check this out. Should help you out...

http://pages.ebay.com/help/policies/reviewsandguides/content-picture-theft.html

This happened to me as well. I sold an item about a year ago, then a couple of months later, I saw my picture in someone's auction. I confronted them about it and they responded saying they hadn't posted their picture yet, but would later when they had time. A day later eBay shut it down.

[Kawika]

I personally don't have a problem with reprints, they have their place, but I am not thrilled that rawoysterman, the eBay reprint purveyor, has "borrowed" several of my cards for his "awesome" reprints. I think it's been established that there's nothing he is doing that is legally or technically wrong but it is sort of creepy. Here are two obvious examples. He also used my T210 Stengel in an auction that has expired.

eBay #110480355420 D304 Cobb
http://photos.imageevent.com/ltsgallery/memberfoldersko/kawika/miscellany/websize/Snapshot%202010-01-15%2018-19-50.tiff.jpg http://photos.imageevent.com/kawika_o_ka_pakipika/bbbofsfirstclass/bbhofthefirstclass/websize/D304%20Cobb.jpg

eBay #110479442349 Voskamp's Wagner
http://photos.imageevent.com/ltsgallery/memberfoldersko/kawika/miscellany/websize/Snapshot%202010-01-15%2018-22-46.tiff.jpg http://photos.imageevent.com/kawika_o_ka_pakipika/bbbofsfirstclass/bbhofthefirstclass/websize/Voskamp%20Wagner.jpg