An annoying eBayer...

[GKreindler]

Hey guys,

I know that they're some people (or maybe just one) who knows some folks on eBay that take care of problematic listings. I was wondering whether anyone knew if this contact took care of copyright infringement?

This auction just recently came up:

http://www.ebay.com/itm/Babe-Ruth-19...-/171087755541

It's not the first time people have taken scans and made prints to sell, but man, it's just really annoying. I think I find it extra obnoxious that the seller put HIS own watermark on the image. Very classy.

Anywho, can anyone steer me in a good direction to have this taken care of? I know that VeRO takes care of intellectual property issues, but I don't know how quick they are about it. So, before I put in any paperwork to them, I figured I'd ask around here.

Thanks, everyone!

Graig

[Jaybird]

I don't have any advice for you but that sucks. Sorry to see your hard work being exploited for another person's gain. Not to mention the person that owns or will own the painting feeling that it is being stolen from them as well.

[thecatspajamas]

My favorite line in the write-up: "Most of our older photos are printed directly from 35mm slides." Yeah, right.

I really hope that somebody that knows somebody can get this taken off. Ripping off Graig's hard work is bad enough, but then to only be charging $3.50 for it? Shameful! (and I say that with all seriousness, as I've heard what Graig has gone through in pursuing the correct channels for selling prints of his pieces, and they would have to be priced MUCH higher than that just to break even)

[travrosty]

first you maybe just want to contact the seller and tell him it is your work and to stop selling it and that you will be checking the listings in the future to make sure. that sometimes works. an ebay seller once used a boxing image that my friend owned the rights to and i asked and he took it down, but first he gave me that old "it was on google images so its free to use, you should have had it blocked from google images if you didn't want it used!" which is total b.s.

anyway, he did pull it down and started using a different image that wasnt the image my friend owned the rights to so we were square but people think they have license to use whatever they want. a friendly message might do to start, then if they don't pull it, then a stern one, then get ebay involved. that would be my advice.

[Wymers Auction]

For all it is worth I really like the painting a ton!!!!

[Sean1125]

I would call a lawyer... Don't bother getting it removed, make them pay you for what they have done...

[Michael B]

Hi Graig,

The long and short of it, which most of the posters missed, is that this is copyright infringement and it violates ebay policy.

'Listings may be removed if they offer an item or contain material that infringes on the intellectual property rights of others.

Examples include:
•Items that bear the rights owner's trademark (such as a logo on a designer purse), but may not be authentic products
•Unauthorized recordings or copies of audio, video, or other media
Items that infringe on the intellectual property rights of others are usually reported by the rights owner, who must be a VeRO participant. To contact the rights owner, use the email address that was included in the email we sent you.'

Easily found on ebay by going to the site map. Links on the bottom of the page. This is a starting point to protect your rights.

Regards,

Michael B

[David Atkatz]

Oops. Double-post.

[David Atkatz]

So, Graig. That's how you make your paintings so lifelike. You just colorize old photos.

[GKreindler]

Thank you for all of your quick answers, everyone. I really appreciate the encouragement and good thoughts.

This kinda stuff happens I guess, but I guess that's the price of putting images on the Internet. My agent has been after me to put watermarks on them, but to be honest, I just can't stand that idea. I feel like watermarks get in the way of everything, which I guess is the point - but I think it's worth it to let people see the whole thing.

Either way, I'll figure something out here. But again, thank you for all of the help!

Graig

[slidekellyslide]

Originally Posted by GKreindler

Hey guys,

I know that they're some people (or maybe just one) who knows some folks on eBay that take care of problematic listings. I was wondering whether anyone knew if this contact took care of copyright infringement?

This auction just recently came up:

http://www.ebay.com/itm/Babe-Ruth-19...-/171087755541

It's not the first time people have taken scans and made prints to sell, but man, it's just really annoying. I think I find it extra obnoxious that the seller put HIS own watermark on the image. Very classy.

Anywho, can anyone steer me in a good direction to have this taken care of? I know that VeRO takes care of intellectual property issues, but I don't know how quick they are about it. So, before I put in any paperwork to them, I figured I'd ask around here.

Thanks, everyone!

Graig

I thought it was bad when ebayers were stealing images from my collection and selling them. This here is criminal.

[Exhibitman]

Don't know if you do this already but you may want to explore copyright registration of your works. Without registration your copyright is valid but you won't be able to sue on it [17 USC §501(a)]. For visual arts, there is a right to protect your work independent of copyright [17 USC §106A] but the copyright statute [17 USC §411] has the real damages teeth in it. If you register the work you can elect statutory damages--no need to prove actual losses, which might be minimal given the scale of this a-hole's activities--plus attorneys' fees and costs.

[Runscott]

Sorry you had to go through this. Some people are just missing the ethics gene.

was hoping to meet you at the National. If not, perhaps next year

[bwild22]

So get this.... maybe someone can explain how this happened to me....I have an actual camera shot of Babe Ruth leaning against a picket fence at the Ray Doan baseball camp, with a few boys in front holding baseballs trying to get autographs and a man in a top hat climbed to the top of the fence leaning down towards Babe.....anyway, original in hand purchased directly from the FAMILY who took it to the auction house (I had the pleasure of speaking to them and it had always remained in the family up to the point of auction) and they were the ones that had it developed right... well i found 8x10 copies of it selling out of NEW YORK (i am from iowa and bought this in wisconsin)...it is the EXACT SHOT, exact angle, exact position of the man leaning on the fence etc etc....100% same pic. that remained in family possession throughout all the years that somehow someone in New York had copies made and sold them for 9.95 on ebay.... any idea how the heck this happened?

i emailed the seller - they didnt respond first time - i tried again saying i am not mad or whatever - they said they bought it at a road side shop in new york - of course!

my only other thought on it was that whoever developed it kept a shot for themself...

[CollectiblesNJ]

I am not sure if many people realize how many people with access to high quality print equipment will bastardize an image for RP photos to sell on ebay.

I once had a premier lot of genuine rear stamped AP photos from world wide news and almost everyone of them was all over ebay in RP form which at best dampens and at worst destroys the market for a genuine vintage photo.

With the growing popularity of image search it is the kind thing that will continue to get worse before it gets better.

[bwild22]

makes sense, they did have a few shots of mine on the auction website - although a small local auction they still had pictures of the babe ruth lot - including the pics, auto, poster, etc.... never really thought of it, but i bet thats how it was obtained!

[GKreindler]

Thanks so much for all of your comments, everyone. I really appreciate the well-wishes and offers for help.

Luckily, the listing was taken down soon after the thread started, and I know that it had to be because of a combined effort from you Net54ers. So, seriously, you rule. Thank you.

I think in the end, it's an issue that I don't want to solve with a watermark. I know that it's probably the best way to have an eBay seller stay away from an image, but there's just something about having them that annoys me. Even if it's subtle, it just ends up being something I can't ignore while looking at artwork.

So in the end, I suppose I'll just have to suck it up and deal with it if it continues to happen. Or write out a form letter from a nasty fictitious lawyer.

Either way, thanks again, everyone!

Graig

[jgmp123]

Graig,

It sucks that this happened. Hopefully it is resolved soon. That dirtbag needs to pay for that theft!